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Daughter's Share

A daughter takes half a son's portion where sons survive; a fixed share where none do.

This is legal information only. For advice on your own circumstances, speak to a lawyer.

A daughter takes half a son's portion where sons survive; a fixed share where none do.

In Islamic law

With a son, a daughter shares the residue at half his portion. With no son, one daughter takes one half as a fixed share, and two or more daughters share two thirds between them.

In Canadian law

Equal division under provincial intestacy. In British Columbia the unequal faraid ratio is also exposed to a wills-variation claim under section 60 of WESA.

Across the madhahib

The 2:1 ratio is agreed across all four Sunni schools. Its interaction with maintenance obligations — a brother's duty to support — is part of how classical scholars explain it.

Canadian legal detail

Treadstone Law, an Ontario firm with a wills and estates practice, covers the Canadian side of this in more depth:

Note

This is legal information only. For advice on your own circumstances, speak to a lawyer.

Citations & sources

Every factual claim on this page traces to a source below. Details change — check the original source before relying on any figure, fee or legal position. Anything under “further reading” is related material, not a source for what is stated here.

Islamic primary sources
  1. Surah an-Nisa 4:11 — shares of children and parents — Quran.com
  2. Surah an-Nisa 4:12 — shares of spouses and uterine siblings — Quran.com
  3. Surah an-Nisa 4:176 — the kalalah verse — Quran.com
  4. Sahih al-Bukhari, Book 85: Laws of Inheritance (Faraid) — Sunnah.com
Scholarly & institutional references
  1. Encyclopaedia of Islam — Brill
Further reading — Treadstone Law
  1. Half siblings intestacy ontario — Treadstone Law
  2. What is dependent support claim intestacy ontario — Treadstone Law
  3. What is preferential share ontario intestacy — Treadstone Law
  4. Preferential share spouse intestacy ontario — Treadstone Law
  5. Wills & estates practice — Treadstone Law