Question:
When the deceased passed away, the people who were alive at that time were: a younger daughter, and from the elder daughter there were two sons and one daughter; from that elder daughter’s children there were two grandsons and one granddaughter. These are the ones who are alive. In the same way, from the deceased person’s brother there are also relatives — the brother has two sons and one daughter. Likewise, from the deceased person’s sister there is one son and one daughter.
For such a situation, how are we supposed to distribute the shares?
Answer:
The same person who raised the question — had asked this previously as well, and we had given an answer to it. Now, regarding that answer, what they are saying is this: “You are saying that the shares must be distributed like this, but you did not mention the proper evidences for what you are saying. Because you did not explain it with the appropriate proofs, people are not believing it. Therefore explain it again with proper evidence, and explain it according to the law.”
That is what they are asking again.
Therefore, the question that was asked earlier is the same question. The answer that we gave earlier was indeed the correct answer. However, we did not state the evidences at that time. Usually, when we talk about inheritance rights, we do not always mention the evidences in detail. We simply say that this person receives this much, that person receives that much, and we move forward. We generally do not explain all the evidences each time. Because of that, they are now asking this question.
When we speak about inheritance in Islam, it is not something that people created by their own reasoning or personal opinion. The rules of inheritance come directly from the Qur’an, and they are further clarified through the Hadith of the Prophetﷺ ﷺ. After these fixed shares are distributed, any remaining property goes to the closest male relative of the deceased. This rule comes from a hadith in Sahih al-Bukhari: “Give the fixed shares to those entitled to them, and whatever remains goes to the nearest male relative.”
Primary Qur’anic Source
The main verses explaining inheritance are found in Surah An-Nisa, verses 11 and 12. In these verses Allahﷻ Himself explains how inheritance must be distributed among relatives.
These verses mention specific shares for certain family members. These shares are called fixed shares (farā’iḍ) because Allahﷻ Himself fixed them and human beings have no authority to change them.
Among the relatives whose shares are clearly mentioned in the Qur’an are:
- The husband
- The wife
- The daughter
- The mother
- The father
For each of these relatives, the Qur’an specifies exact fractions depending on the situation.
For example, Allahﷻ says in Surah An-Nisa (4:11) that the children have specific shares, and the parents also have specific shares when the deceased leaves children.
Similarly, Surah An-Nisa (4:12) explains the shares of the husband and wife.
So the Qur’an clearly establishes that some relatives receive fixed portions of the inheritance.
What Happens After Fixed Shares?
After these fixed shares are distributed, sometimes a portion of the estate still remains.
The question then arises: Who receives the remaining property?
This is explained by the Prophetﷺ ﷺ.
In a well-known hadith reported in Sahih al-Bukhari, the Prophetﷺ ﷺ said: “Give the fixed shares to those who are entitled to them, and whatever remains goes to the nearest male relative.”
This hadith clarifies the second stage of inheritance distribution.
Two Stages of Inheritance Distribution
Therefore, inheritance in Islam works in two stages:
Stage 1 – Fixed Shares
First, the shares that Allahﷻ mentioned in the Qur’an must be distributed to those entitled to them.
These include relatives like:
- Parents
- Spouses
- Daughters
Their portions are clearly specified and must be given first.
Stage 2 – Remaining Property
After those fixed shares are given, if any property remains, that remainder goes to the closest male relative of the deceased.
This male relative is called an ‘Asabah (residuary heir) in Islamic jurisprudence.
Example to Understand the Rule
Let us consider a simple example.
Suppose a man dies and he leaves behind:
- A mother
- A father
- A son
First, we distribute the fixed shares mentioned in the Qur’an.
According to Surah An-Nisa (4:11):
- The mother receives one-sixth (1/6).
- The father receives one-sixth (1/6).
After giving those shares, the remaining property still exists.
Who receives that remaining portion?
According to the hadith mentioned earlier, the remainder goes to the nearest male relative.
In this case, the nearest male relative is the son.
Therefore, the son receives the remaining portion of the inheritance.
Order of Male Heirs
Islamic law also explains a general order among male relatives. The closer male relative takes precedence over the more distant one.
For example, the hierarchy generally follows this pattern:
- Son
- Father
- Brother
- Paternal uncle
If a closer male heir exists, the more distant male relatives do not inherit.
For example:
- If a man dies leaving a son, the brother of the deceased will not receive inheritance.
- The presence of the son blocks the brother from inheriting because the son is closer in lineage.
This rule prevents disputes and establishes a clear system.
Detailed summary of this inheritance system
For example, suppose a person dies and he leaves behind a mother, a father, and a son.
For the mother, the religion has established a rule that she receives one-sixth. Therefore we give her one-sixth.
For the father also there is a rule that he receives one-sixth, so we give him one-sixth.
Now it has been given.
For the son, the religion has not specified a fixed fraction saying “the son must receive this much.” Why has it not been specified? Because, the remaining portion will go to him.
So when we give one-sixth to the mother and one-sixth to the father, together that becomes one-third of the property. After giving one-third, the remaining two-thirds will go to the son.
This is the law of inheritance.
Based on that principle, suppose a person dies and he leaves behind a mother, a father, a son, and also a brother. In that case, the brother will not receive anything.
Why will the brother not receive anything? Because when determining the closest relationship to the deceased, who is closer — the son or the brother? The son is closer. Therefore the son takes the remaining share.
If a person dies and he has a paternal uncle and also a brother, then who is the closer relative? The brother is closer. Therefore if the brother is present, the paternal uncle will not receive anything.
The rule of the religion is this: whatever remains after distributing the fixed shares must be given to the closest male heir.
This rule comes from the hadith: “Give the fixed shares to those who are entitled to them, and whatever remains should be given to the closest male heir.”
This is the law.
Now if we ask for the evidence for all of this, the evidence comes mainly from two Qur’anic verses, which are in Surah An-Nisa, verses 11 and 12. These two verses speak about inheritance.
In those verses Allahﷻ explains the shares.
For example, Allahﷻ says that if a wife dies, the husband receives a share. If the wife had children, then the husband receives one-quarter of her property. If she had no children, the husband receives one-half of her property.
Similarly, if the husband dies, what share does the wife receive?
If the deceased husband had children, the wife receives one-eighth.
If he had no children, she receives one-quarter.
Thus the shares of the husband and wife are clearly stated.
Likewise, the share of the daughter is also clearly mentioned.
If there is only one daughter, she receives half of the property.
If there are two or more daughters, then together they receive two-thirds of the total property.
For example, if the property value is 30 units and there are multiple daughters, they together receive 20 units, which is two-thirds.
If there is only one daughter and the property is 30 units, she receives 15 units.
The remaining 15 must then go to the closest male heir.
For example, if a man has three daughters, the daughters together receive two-thirds. If the property is 30 units, they take 20 units and divide it equally among themselves.
If the property is three lakh rupees, they take two lakh rupees among themselves. The remaining one lakh goes to other heirs if they exist; otherwise it goes to the closest male heir.
That is the law. Likewise, the mother receives one-sixth.
The father is unique because he can receive in two ways. He receives one-sixth as a fixed share. But if there is no other male heir, the remainder will also go to him.
For example, if a man dies and he has no son but his father is alive, then after distributing the other shares, the remaining property will go to the father because he is the closest male heir after the son.
The order of closeness is generally like this:
- Son
- Father
- Brother
- Father’s brother (paternal uncle)
If the first exists, the others do not receive the remainder.
If the son exists, the brother does not receive anything. The father may receive his fixed share, but not the remainder. The paternal uncle will not receive anything.
Why? Because the son exists.
All of this is based on the hadith which says the remainder should go to the closest male heir.
Thus among the male relatives, the closest is the son; after him the father; after him the brother; after him the paternal uncle.
This classification has been established in Islamic law.
The evidence for all of this is essentially the two verses in Surah An-Nisa (4:11–12) and the hadith recorded in Sahih al-Bukhari stating that the remainder goes to the closest male heir.
Now if we examine the case that you mentioned:
You say the deceased had a daughter. The daughter’s share is clearly mentioned — she receives half if she is the only daughter. Then you mention the children of the elder daughter. But there is no fixed share mentioned for grandchildren through daughters.
Likewise, the children of the brother do not have fixed shares.
Therefore they only come into consideration when distributing the remainder.
Now who receives the remainder?
It must go to the closest male heir. The elder daughter’s daughter is a female heir. She does not receive the remainder. The children of the daughter are not considered male heirs in this category. But the brother of the deceased is a male heir.
If the brother were alive, he would receive the remainder. But since the brother is not alive, the inheritance goes to the children of the brother. Among the brother’s children, there are two sons and one daughter.
Therefore the remainder will be distributed among them.
However, when a male and female inherit together, the rule is that the male receives twice the share of the female. Thus, the remainder must be divided into five shares: Two shares for one son, two shares for the other son, and one share for the daughter.
If the total property is divided into ten parts, five parts go to the daughter of the deceased (her fixed share), and the remaining five parts are divided among the brother’s children according to the 2:2:1 ratio.
For example, if the total property is 15 lakhs, half (7.5 lakhs) goes to the daughter.
The remaining 7.5 lakhs is divided into five parts. Each part will then be distributed so that the two sons receive two shares each and the daughter receives one share.
Thus the entire distribution follows the rule already mentioned.
And the evidences for this are only these: the Qur’anic verses 4:11–12, and the hadith in Bukhari which states that whatever remains after giving the fixed shares should go to the closest male heir.
Therefore, we must identify who the closest male heir is. In this case, the brother is the closest male relative. Since he is not alive, the inheritance passes to his sons.
And that is why the distribution is done in this manner.
Wisdom Behind the System
The Qur’anic system of inheritance is very precise. Every relative receives according to a divinely established proportion.
Some relatives receive fixed shares, while others inherit the remainder based on closeness of relationship.
This system ensures that wealth is distributed in an organized and fair way among the family members.
It is not left to human preference or emotional decisions. Instead, it follows the structure laid down by Allahﷻ and explained by the Prophetﷺ .