Inheritance When There Are Only Daughters: Share of 1/2 or 2/3

Daughters are not a barrier to inheritance

In many families, concerns arise that because the deceased had only daughters, the inheritance matter becomes unclear or the property is considered impossible to divide. In Islam, daughters are in fact among the primary heirs. Their shares are stipulated in the Qur'an, An-Nisa 4:11, and adopted in KHI Article 176. The presence of children is also a cause of the deceased's full siblings being excluded (hijab), in accordance with the rules applied in the practice of the Religious Courts.

It must be understood that the daughter's share is not a gift that can be reduced at will. It is a fixed share (furudh) that has been determined. Its amount depends on the number of daughters and whether or not there is a son.

Daughters' shares: 1/2 or 2/3

In brief, the daughters' shares are as follows:

• One daughter receives 1/2 of the inheritance, after funeral expenses, debts, and a valid will are settled.
• Two or more daughters together receive 2/3, then divide it equally among themselves if there is no son.
• If there is a son, the division changes to 2:1 between sons and daughters. Daughters no longer receive 1/2 or 2/3 separately, but share as residuary heirs (ashabah) together with their brothers.

Thus, the phrase 'only daughters' means there is no son who becomes a residuary heir (ashabah). Their share remains 1/2 or 2/3, and other surviving heirs still receive their respective shares.

Other heirs still have rights

Daughters do not exclude the deceased's father and mother. If the deceased has children, the father receives 1/6 and the mother also receives 1/6. The spouse also still inherits: the husband receives 1/4 if there are children, while the wife receives 1/8 if there are children. If there is more than one wife, they share together that 1/8 portion.

The deceased's full siblings, both male and female, are excluded by the presence of children. They are also excluded by the father. Therefore, in a family with only daughters, full siblings usually do not receive a share as long as the children or father still exist. However, the composition of heirs still needs to be confirmed with a careful family tree.

An example calculation that sums exactly

Suppose Pak Hadi dies leaving a wife, mother, father, and two daughters. After funeral expenses, debts, and will are deducted, the inheritance ready for division is Rp270,000,000. Their initial shares are wife 1/8, mother 1/6, father 1/6, and two daughters 2/3.

If added together, 1/8 + 1/6 + 1/6 + 2/3 = 27/24. This total exceeds one. The majority of scholars resolve this by the method of 'aul, that is, raising the denominator from 24 to 27 so that the total remains 100 percent. The calculation becomes:

Thus, each daughter receives Rp80,000,000. This example shows that the daughters' share can interact with the shares of other heirs and produce 'aul. Not all cases are like this; if the composition of heirs is different, the result is also different. Therefore, the calculation should be rechecked.

Wisdom and frequently asked questions

The share of 1/2 or 2/3 for daughters shows that Islam gives a definite right of inheritance, not one based on compassion. That share is a matter of worship explained in the Qur'an. The size of the share does not measure the degree of the parents' love for their children.

There is also a question: does a daughter who cares for the parents receive a larger share? In faraid, the fixed share does not change because of caregiving services. However, parents during their lifetime may give a hibah (inter vivos gift) in a clear and fair manner that does not create disputes. For a will, the limit is a maximum of one-third and it may not be intended to give an additional share to an heir without the consent of the other heirs. For complicated cases, ask an ustadz or consult the Religious Court.

Practical steps before dividing

1. Process the death certificate and collect basic documents such as the family card (KK), marriage certificate, and proof of asset ownership.
2. Separate joint property (gono-gini) if any, then record the inheritance that truly belonged to the deceased.
3. Record funeral expenses, debts, and will. These three are settled before the property is divided among the heirs.
4. Prepare a list of surviving heirs, including the wife or husband, father, mother, and children. Make sure no heir is missed.
5. Calculate each person's share, then deliberate the result with the family. For certain assets, a certificate of heirs or a determination of heirs from the Religious Court may be required.
6. Document the agreement and the division process in writing so that it is safe for the next generation.

IndoWaris can help draw the family tree and calculate shares transparently as an aid. The results should still be checked with an expert or the competent authority. This article is general information, not a fatwa or legal advice for a particular case.