What is the legal division (al-qismah ash-shar'iyah) for the estate of a father who died and left behind real estate, land, and livestock, and has one daughter and three sons, and bequeathed one-third of his estate to his two nephews (sons of his sister), taking into consideration the growth and multiplication of the estate as a result of the eldest son and the deceased nephew's investment in it for 20 years, and the division of the investment proceeds among the males while depriving the daughter of it under the pretext that she only has a right to the original house?
If the heirs and beneficiaries are limited to those mentioned, then the legal division of the inheritance is as follows: the beneficiaries receive one-third, and the remaining two-thirds are distributed into seven parts; the daughter receives one share, and each son receives two shares, according to the Almighty's saying: "Allah instructs you concerning your children: for the male, what is equal to the share of two females."
As for the profit generated, it should be considered from two perspectives:
1. If the money was invested without the permission of the heirs (even customary), then the elder brother and the nephew are considered as usurpers, and all profit belongs to them. In this case, the daughter has the right to one-seventh of what her father left after deducting one-third for the bequest.
2. If the heirs permitted the investment (which seems to be the case), then profit and loss follow the capital, and the two traders do not guarantee anything. They take a percentage for their work or a similar wage. In this case, the daughter receives half the share of one of the sons.
Her share may not be reduced without her permission in either case. The matter of inheritances must be referred to the Sharia courts for investigation and preservation of rights.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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