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Daughter’s share in parental properties

Ameer Hamzah Females like males inherit property of the deceased as prescribed in the holy Quran. But they get less than their male counterparts because they have no financial responsibility for the families they live in. However, there is no harm if they voluntarily give a part or the whole assets they inherited. In contrast, it is the male member who is under obligation to bear all costs of the family-(Ref: Al Quran, verse No. 4/34). As for example, if anyone leaves behind a son, a daughter and spouse; wife will receive Tk.12,500 per one hundred thousand, son Tk.58,332 and daughter Tk 29,166 only baring fraction. The division of the property, however, does not relieve the son of looking after his sister, if unmarried, and mother as long as they stay with him. Surely, whatever his sister and mother inherited, it is their savings and they are not bound to share the family expenditure-(Ref: Al-Quran, Chapter 4, Verse No.35). Three verses of the Holy Quran i.e. Chapter 4, Verse No 11, 12 & 176 deal with this subject. Allah has clearly described right of each member of the family and leaves no obscurity. Relations are of three grades in respect of inheriting property--first, second and third. Parents, spouses and children belong to first grade, siblings and grandchildren are of second grade while maternal and paternal aunts/uncles and grandparents and half-siblings represent the 3rd grade. In this regard, it is necessary to point out that according to Muslim Family Ordinance 1961, grandchildren will inherit the shares of their grandparents' property even if their parent dies before their death. Islam says if a man/woman dies leaving behind a daughter, a son, spouse and parents; the spouse, if wife, will receive one-eighth of the whole property, if husband, one-fourth, each parent will receive one-sixth and the remainder will be divided between the son and the daughter on the basis of a male receiving twice of the female. If he or she leaves behind a daughter but no son, parents and spouse; the daughter will receive half of the whole property, each parent will get one-sixth and the spouse will get one-eighth in case of wife, one-fourth in case of husband, and the remainder will go to the daughter and parents proportionately, but not to husband. If he or she leaves behind two or more daughters, spouse and parents; two or more daughters will receive remainder of the property after giving each parents and spouse, husband or wife, their fixed shares. If he or she leaves behind a daughter and spouse but no parents and no son; spouse will receive one-eighth in case of wife or one-fourth in case of husband, and then the remainder will go to daughter(s), and not to any other body. If the deceased leaves behind daughter(s) only, they will unquestionably inherit whole property. However, if the deceased leaves behind no children, no spouse and no parents, his/her brothers and sisters will inherit the whole property on the basis of a male receiving twice of a female. If the deceased leaves behind parents only, they will receive the whole property and no other has any share. Allah has decreed to give part of property to the orphans if they remain present at the time of division (Ref; Al-Quran, Chap 4, Verse No 8) and warned against deviation. As regard the definition of orphan, Islamic scholars explain that whoso loses his/her parents or any one of them during childhood, he/she is an orphan. Since the people do not read the Quran and the books on Islam, they are misguided. No one has any right to question what Allah and His Prophet (SM) have decided (Ref: Al-Quran, Chap 33, verse No. 36). The Christian Community has been trying their best for centuries to find loopholes in the Quran but failed. Islam believes in justice and orders to give everyone his/her due-(Ref: Al-Quran, Chap 26, Verse No.181). Verily, there is no substitute for reading. Now I am sure that the readers and the supporters of the equal rights between man and woman in respect of inheriting property will be convinced. Al-Quran is not the Book of few rituals only, but guidance for mankind-(Ref: Al-Quran, Chapter 2, Verse No.185).