Is a daughter who suffers from brain damage due to surgery, does not speak or move, and resides in the hospital, considered legally deceased so that her right to inheritance may be forfeited? And to whom does her guardianship belong, to her husband or to her father?

If a woman dies leaving behind a husband, a son, and three daughters, and no other heirs, then the husband receives one-fourth as a prescribed share (fard), and the remainder is distributed among the son and daughters by way of ta'sib (residuary heirship), with the male receiving the share of two females. The inheritance is divided into twenty shares: the husband receives five shares, the son six shares, and each daughter three shares.

The share of the disabled daughter should be safeguarded. If she suffers from brain damage, she is considered to be in the same legal position as someone who is insane, and her husband has no guardianship over her wealth. Jurists differed regarding the guardian of someone who became insane after reaching puberty. Some said her guardian is the father, while others said it is the ruler (judge). The soundest opinion among the Shafi'is is that the father is the guardian. In this case, the matter of managing her wealth should be referred to the judge.