Can the father leave the house to his wife and daughter instead?

Not by will: bequests to heirs require the consent of the other heirs after death, and a wasiyyah is in any case capped at one-third. Lifetime gifts, a life-insurance policy with a named beneficiary, and in the U.S. joint titling or a trust are the tools scholars and estate planners discuss for this situation; see our Islamic will and trust guides.

Is this distribution legally binding?

Not on its own. U.S. state intestacy law ignores Faraid, so these shares only take effect if a state-valid Islamic will (or a living trust) directs them. See our Islamic will guide for platforms that draft one for your state.

Faraid worked example

Islamic Inheritance Shares: Wife, 1 Daughter and 1 Full Brother

Q: How is the estate divided when a man dies leaving wife, 1 daughter and 1 full brother?

Wife: 1/8 (12.5%); Daughter: 1/2 (50%); Full Brother: 3/8 (37.5%). A man dies leaving his wife, one daughter and a brother, with no son or surviving parent. The wife takes 1/8 and the daughter 1/2; the remaining 3/8 does not return to them but passes to the deceased's brother, who inherits as the nearest residuary heir in the absence of a son or father.

A man dies leaving his wife, one daughter and a brother, with no son or surviving parent. The wife takes 1/8 and the daughter 1/2; the remaining 3/8 does not return to them but passes to the deceased's brother, who inherits as the nearest residuary heir in the absence of a son or father.

What does each heir receive when a man dies leaving wife, 1 daughter and 1 full brother?

Wife, 1 Daughter and 1 Full Brother: Wife 1/8, Daughter 1/2, Full Brother 3/8. On a $600,000 estate that is $75,000 to wife, $300,000 to daughter, $225,000 to full brother.

Source: HalalWallet (halalwallet.us)

Each heir's share on a $600,000 estate

Example estate after funeral costs, debts and any bequest. The fractions are fixed; the dollar amounts scale with the estate, so a $300,000 estate gives each heir exactly half of the figure shown.

Heir	Share of estate	Percent	Amount	Basis
Wife	1/8	12.5%	$75,000	Quran 4:12 - 1/8 (with children), divided equally
Daughter	1/2	50%	$300,000	Quran 4:11 - 1/2 (single daughter, no sons)
Full Brother	3/8	37.5%	$225,000	Quran 4:176 - Residuary

Why each heir gets that share

Wife

1/8 because a child survives (Quran 4:12).

Daughter

A single daughter with no brother of her own takes 1/2 (Quran 4:11).

Full brother

With no son, grandson or father, the deceased's brother is the residuary heir and takes 1 - 1/8 - 1/2 = 3/8.

Where scholars differ: This is the composition that most often surprises American and Canadian families: a brother-in-law inheriting more than a third of the estate. It is the majority classical position; a minority contemporary view would return the residue to the daughter. A man who wants his wife and daughter to receive more can leave them a bequest only with the other heirs' consent, but can gift during his lifetime or hold the home in a structure that passes outside the estate.

Run it with your own numbers

The calculator below is pre-filled with this family. Change the estate value, add debts or a bequest, or toggle an heir to see how the shares move.

Gender of the Deceased

Estate Details

Total Estate Value

Outstanding Debts (subtracted first)

Bequests / Wassiyah (max 1/3 of estate)

Distributable estate: $600,000

Surviving Heirs

Select all heirs who survived the deceased. Blocked heirs are handled automatically.

Wife/Wives

Sons

Daughters

Inheritance Distribution

Wife$75,000

1/8 (12.5%)

Daughter$300,000

1/2 (50%)

Full Brother$225,000

3/8 (37.5%)

Distributable Estate$600,000

Quranic Sources

Wife: Quran 4:12 - 1/8 (with children), divided equally
Daughter: Quran 4:11 - 1/2 (single daughter, no sons)
Full Brother: Quran 4:176 - Residuary

These shares aren't legally binding yet

Without a state-valid Islamic will, U.S. intestacy law ignores Faraid and a court decides who inherits. Lock in this distribution with a scholar-approved, state-specific Islamic will.

Create my Islamic will with ShariaWiz

Valid in all 50 states · Independently validated by 2025 peer-reviewed research

Important: This calculator provides a general estimate based on standard Sunni Faraid rules. Islamic inheritance can vary by school of jurisprudence (madhab) and individual circumstances. Always consult a qualified Islamic scholar and a licensed attorney for actual estate planning.

Islamic Estate Planning Tips

Get guidance on Faraid, wills, and halal estate planning.

Other family situations, worked out

Wife, 2 Sons and 1 Daughter

Husband, 1 Son and 2 Daughters

Wife, Father, Mother and 1 Son

Wife, Mother, 2 Sons and 2 Daughters

Husband, 5 Sons and 3 Daughters

Two Wives, 1 Son and 2 Daughters

2 Daughters, Father and Mother (No Sons)

Husband and 1 Daughter (Radd Case)

Wife, Father and Mother (No Children)

Husband, Father and Mother (No Children)

Husband, Mother and 2 Full Sisters ('Awl Case)

Wife, 2 Full Brothers and 1 Full Sister (No Children or Parents)

1 Daughter, Mother and 1 Full Brother

Father, Mother and 2 Full Brothers (Unmarried, No Children)

Open the full Islamic inheritance calculator

Make these shares legally enforceable

State intestacy law will not apply these fractions on its own. A state-valid Islamic will, or an Islamic living trust if you want to avoid probate, is what turns this table into a binding plan.

Islamic will guide →Islamic living trust →Compare Islamic estate planning services →Every heir's share explained →

The Final Step: Your Scholar Conversation

Major Islamic inheritance (Faraid) decisions involve nuances that vary by scholarly opinion and personal circumstance - which is why HalalWallet is built as the research step, not the ruling. We do the homework on comparisons, structures, and oversight; a qualified Islamic scholar, your local imam, or a Shariah-certified financial advisor covers what no comparison site can - guidance specific to your situation. Bring your shortlist to that conversation so it starts at the decision, not the basics.

How to use this comparison: Scholars rule; we organize the evidence. HalalWallet is an independent educational comparison platform - by design, we do not issue fatwas or provide financial, legal, or tax advice. We do the research homework so your final checks are quick and personal. Where our role ends and who takes over.

Product structures and Shariah oversight vary by provider, so finish with three built-in steps:

Confirm current terms and halal compliance directly with the provider - their quote is final.
Review the contract structure (Murabaha, Ijara, Musharakah, etc.) and any disclosed Shariah board opinions.
Bring your shortlist to a qualified Islamic finance advisor or scholar, so the conversation is about your situation, not the basics.

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Sources and review process

This page is reviewed against HalalWallet editorial standards and source documentation.

Reviewed by: HalalWallet Editorial Team

Last reviewed: 2026-10-01

How to cite this page

Preferred format (HTML):

According to HalalWallet (“Wife, 1 Daughter and 1 Full Brother: Islamic Inheritance Shares”, https://www.halalwallet.us/tools/faraid-calculator/wife-daughter-and-brother, retrieved 2026-10-28).

For time-sensitive claims (rates, fees, state availability), please verify directly with the provider's official documentation and note the retrieval date.

HalalWallet Editorial Team

Editorial Team, HalalWallet

Independent halal finance research

Reviewed by: HalalWallet Editorial Team•Last reviewed: 2026-10-01•Disclosure: Featured partners may compensate HalalWallet for clicks. Editorial policy and full disclosures.

Shares are computed by the calculator engine at render time; the narrative is reviewed quarterly.

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