Rights of Women in Muslim Inheritance

Daughter | Wife | Mother | Grandmother | Sisters | Comparison with HSA | Reform Debate

1. Historical Context — The Revolutionary Grant

A. Pre-Islamic Arab Position

In pre-Islamic Arabia (Jahiliyya era), women's inheritance rights were virtually NIL:

• Women themselves were treated as part of the estate — could be inherited by the deceased husband's male relatives.
• Daughters, mothers, sisters, and wives typically received nothing.
• Inheritance went to adult male relatives who could bear arms — the tribal warrior economy.
• Practice varied by tribe; some tribes had informal recognition of women's rights, but no systematic framework.

B. The Quranic Revolution (7th Century)

The Quran, in Sura Nisa (revealed c. 625-630 CE), introduced a SYSTEMATIC framework granting women fixed inheritance shares:

• Daughters: 1/2 (alone) or 2/3 (multiple, shared); Residuary-by-Another with sons.
• Wives: 1/4 or 1/8.
• Mothers: 1/6 or 1/3.
• Sisters (in kalalah): 1/2 or 2/3.

This was a PROFOUND reform for its era. Women's economic independence through inheritance was established as a divine mandate — no discretion for individual testators to deny it.

C. The Classical Refinement

Classical Sunni (Hanafi, Shafi, Maliki, Hanbali) and Shia scholars elaborated the Quranic framework into the detailed system studied today. The 12-Sharer Sunni scheme (Topic 71) includes 8 female Sharers — reflecting the Quran's attention to women's rights across the family spectrum.

2. Daughter's Inheritance Rights

A. Quranic Foundation

Nisa 4:11 — 'If there are [only] daughters, two or more, for them is TWO THIRDS of one's estate. And if there is only one, for her is HALF. And for his parents, to each one of them is a SIXTH of his estate if he left children...'

B. Base Shares

• 1/2 — if ONE daughter alone (no son).
• 2/3 shared — if TWO OR MORE daughters (no son).
• Residuary-by-Another with son(s) — Quranic Sharer status displaced; 2:1 (son:daughter) ratio applies.

C. Daughter Never Totally Excluded

Unlike son's daughter (who can be excluded by son), daughter is NEVER totally excluded. She always inherits in some capacity — as Sharer (alone or with sisters), or as Residuary-by-Another (with son), or receives residue through radd (Sunni excluding spouse).

D. Shia Protection — Stronger Position

Shia Ithna Ashari law gives the daughter a STRONGER protective position:

• No Distant Kindred class — daughter's descendants inherit through representation.
• Daughter (First class) can EXCLUDE collateral agnates (Second / Third class uncles etc.) from the residue.
• If no son, daughter takes Quranic share + RADD (including surplus from no other heirs) — effective total could reach entire estate.
• Example: Deceased leaves one daughter alone. Sunni: daughter 1/2; residuary takes the residue (paternal uncle etc.). Shia: daughter takes ENTIRE estate (1/2 + radd).

E. Daughter's Descendants

• Sunni: daughter's children are DISTANT KINDRED — inherit only in default of Sharers and Residuaries.
• Shia: daughter's children are FIRST CLASS — inherit through representation, equal status with son's children.

3. Wife's Inheritance Rights

A. Quranic Foundation

Nisa 4:12 — 'And for them [wives] is ONE FOURTH if you leave no child. But if you leave a child, then for them is ONE EIGHTH of what you leave, after any bequest you may have made or debt.'

B. Base Shares

• 1/4 — if the husband leaves NO CHILD (or descendant through son).
• 1/8 — if the husband leaves a CHILD (or descendant through son).

C. Multiple Wives

If the husband had multiple wives (up to 4 in classical Muslim law), the wife-share (1/4 or 1/8) is divided EQUALLY among them. Example:

• Husband + 4 wives + child = each wife's share = 1/8 ÷ 4 = 1/32.
• Husband + 2 wives (no child) = each wife's share = 1/4 ÷ 2 = 1/8.

D. Wife Never Totally Excluded

Wife is always an heir if validly married at the time of husband's death. Even in revocable iddat of husband's death, wife inherits.

E. Farr min al-Irth (Fleeing Inheritance)

Protective classical doctrine: if the husband pronounces an IRREVOCABLE divorce in his TERMINAL ILLNESS to defeat the wife's inheritance, and he dies, the wife STILL INHERITS despite the irrevocable character. The law protects against bad-faith exclusion by dying husbands.

F. Wife and Radd

Critical Sunni-Shia divergence: SUNNI — spouse EXCLUDED from radd (surplus return). SHIA — spouse INCLUDED in radd. Example:

• Deceased husband leaves wife only (no children, no parents, no collaterals).
• Sunni: wife 1/4; remaining 3/4 goes to Distant Kindred or escheats to state.
• Shia: wife takes 1/4 Quranic + 3/4 radd = ENTIRE estate.

4. Mother's Inheritance Rights

A. Quranic Foundation

Nisa 4:11 — 'And for his parents, to each one of them is a SIXTH of his estate if he left children. But if he had no children and the parents [alone] inherit from him, then for his mother is ONE THIRD. But if he had brothers [or sisters], for his mother is a SIXTH...'

B. Base Shares

• 1/3 — if the deceased has NO children AND ONE OR NO siblings.
• 1/6 — if the deceased has a CHILD (son, daughter, son's son, son's daughter) OR TWO OR MORE siblings (of any kind).

C. Siblings Rule — Even Excluded Siblings Count

Classical Hanafi rule: mother's share is reduced to 1/6 by the presence of TWO OR MORE siblings — of ANY kind (full, consanguine, uterine). EVEN IF these siblings themselves are excluded by the father (father excludes full / consanguine brothers generally), their mere EXISTENCE still reduces the mother's share. This is the 'hajb naqis' (partial exclusion) rule.

D. Umariyatan Special Cases

Two critical configurations where mother's share is MODIFIED (Caliph Umar's classical rulings):

E. Shia Position on Mother

Shia Ithna Ashari does NOT apply Umariyatan. Under Shia rules, mother takes 1/3 of the TOTAL in configurations where Sunni applies Umariyatan adjustments — a notable doctrinal divergence producing different outcomes.

5. Grandmother's (True Grandmother) Inheritance Rights

A. Definition

'True grandmother' (Sahihah) = ascendant female whose line of ascent does NOT pass through a 'false' male. Includes: mother's mother, father's mother, father's father's mother, mother's mother's mother, etc. (A grandmother whose line passes through a maternal grandfather or father's mother's father is a 'false' grandmother — Distant Kindred, not Sharer.)

B. Share

• 1/6 shared — among all true grandmothers present.

C. Exclusion Rules

• MOTHER excludes ALL grandmothers.
• FATHER excludes PATERNAL grandmothers only; maternal grandmother not affected by father.
• Nearer grandmother excludes more distant grandmother in the SAME LINE.
• Example: Deceased leaves mother's mother and father's father's mother. Both true grandmothers. They share 1/6 = 1/12 each (approx).

D. Shia Position

Shia law generally does NOT recognise grandmother as Sharer. Grandparents inherit in Shia law as Class II heirs (with siblings and their descendants) — different framework. Practical outcome often different from Sunni.

6. Sisters' Inheritance Rights

A. Full Sister

Full sister = same father and same mother.

• 1/2 — if alone (no son, son's son, father, grandfather, full brother, or daughter/son's daughter in 'With Another' config).
• 2/3 shared — if two or more full sisters alone.
• Residuary-by-Another — with full brother; 2:1 ratio.
• Residuary-With-Another — with daughter or son's daughter (no full brother); takes residue.
• Excluded — by son, son's son, father, true grandfather.

B. Consanguine Sister

Consanguine sister = same father, different mother.

• 1/2 — if alone (no full sister, no other excluder).
• 2/3 shared — if two or more consanguine sisters (no full sister).
• 1/6 with one full sister — to complete the 2/3 'sister' quota.
• Excluded by full brother, 2+ full sisters, and all exclusions of full sister.

C. Uterine Sister

Uterine sister = same mother, different father. UNIQUE feature — inherits EQUALLY with uterine brother (no 2:1 ratio):

• 1/6 — if alone (one uterine sibling only).
• 1/3 shared EQUALLY — among all uterine siblings if multiple. NO 2:1 — males and females take same share.
• Excluded — by son, daughter, son's son, son's daughter, father, true grandfather.

D. Rationale for Uterine Equal Treatment

Uterine siblings inherit through the MATERNAL LINE (same mother, different father), not through the paternal agnatic line where classical male-preference operates. The Quranic specification (Nisa 4:12) of equal shares among uterine siblings is preserved without modification by classical jurisprudence.

7. Summary Table — All Female Sharers

8. The 2:1 Rule — Analysis and Debate

A. The Rule

Quran Nisa 4:11 — 'for the male, what is equal to the share of two females' — when sons and daughters inherit together. This 2:1 ratio operates in Residuary-by-Another transformations (daughter with son; full sister with full brother; etc.).

B. Scope — NOT Universal

The 2:1 rule is NOT universal. Notable exceptions:

• Husband (1/2 or 1/4) vs Wife (1/4 or 1/8) — NOT proportionally halved; husband's share is TWICE the wife's, but independently fixed.
• Mother (1/6 or 1/3) vs Father (1/6 or Residuary) — mother's share can exceed father's in some configurations.
• Uterine brothers and sisters — EQUAL shares (no 2:1).
• Grandmother and grandfather — different share structures.

C. Classical Rationale

Classical scholars offered several rationales for the 2:1 rule:

1. Male's greater financial obligations: under classical Islamic law, men bear obligations to support wife, children, parents, and sometimes other relatives. Women have no corresponding statutory maintenance obligation.
2. Dual inheritance for women: women inherit from their natal family AND from their husband's estate. Men inherit primarily from paternal line.
3. Mahr settlement: the wife's mahr (dower) is an additional economic settlement at marriage; men make the settlement, women receive it.
4. Family protection role: traditional protection and custodial functions assigned to male relatives justified greater share.

D. Modern Critique

Modern scholars and reformers have questioned the continuing relevance of these rationales:

• Changing family structures — nuclear families, dual-income households.
• Women's own earning capacity and economic contributions.
• Erosion of traditional protector role — state / secular law now provides protective frameworks.
• Mahr's nominal character in many communities.
• Daughters' obligations to parents increasingly on par with sons'.

E. Reform in Muslim-Majority Jurisdictions

Various Muslim-majority countries have experimented with reform:

• Turkey — secular civil code since 1926; replaced classical inheritance with Swiss-based equal scheme.
• Tunisia — abolished 2:1 rule for daughters; daughter and son receive equal shares (modern reform).
• Morocco — 'Moudawana' 2004 reforms improved women's inheritance rights in various contexts.
• Indonesia — interpretive reforms promoting gender equality in specific contexts.

F. India — Classical Position Preserved

Indian Muslim inheritance REMAINS CLASSICAL. The Shariat Act 1937 preserves the Quranic scheme without reform. Indian Muslim women inherit per classical Sunni (or Shia) rules. Demand for reform — including the All India Shia Muslim Personal Law Board and various progressive groups — has not translated into legislative change. Courts apply classical rules.

9. Comparison — Muslim vs Hindu Women's Inheritance

A. Hindu Women's Rights — Historical Evolution

Hindu women's inheritance rights have evolved dramatically:

• Pre-1956: limited 'stridhan' rights; widows' rights constrained.
• Hindu Succession Act 1956: equal share for daughters in Class I heirs (alongside sons, widow, mother).
• HSA (Amendment) Act 2005: DAUGHTERS granted EQUAL COPARCENARY RIGHTS in Mitakshara joint family property — previously denied. Daughter = son by birth.
• Vineeta Sharma v. Rakesh Sharma (2020) — Supreme Court confirmed the 2005 amendment operates RETROSPECTIVELY (daughter's birthright whether born before or after 2005).

B. Current Hindu Position

Hindu daughter (post-2005 + Vineeta Sharma 2020):

• EQUAL coparcenary rights with sons — joint family property.
• Equal share in Class I as sons — separate property.
• Right applies regardless of whether she was born before or after the amendment.
• Daughter's children inherit through daughter (per stirpes).

C. Indian Muslim Position — Contrast

• Classical 2:1 male-female ratio preserved.
• Daughter's children — Distant Kindred (Sunni); First class (Shia) but still 2:1 rule applies.
• Umariyatan adjustments preserve father's precedence over mother.
• No equivalent legislative reform.

D. Practical Divergence Example

Deceased Hindu leaves widow, son, and daughter (no coparcenary property). Estate Rs. 12 lakh.

• Widow: 1/3 = Rs. 4 lakh.
• Son: 1/3 = Rs. 4 lakh.
• Daughter: 1/3 = Rs. 4 lakh.
• EQUAL shares for son and daughter.

Deceased Muslim leaves wife, son, and daughter. Estate Rs. 12 lakh.

• Wife: 1/8 = Rs. 1,50,000.
• Residue: Rs. 10,50,000.
• Son: 2/3 of residue = Rs. 7,00,000.
• Daughter: 1/3 of residue = Rs. 3,50,000.
• Son gets TWICE daughter's share.

10. Comparison Table — Women's Inheritance Rights

11. Positive Features of Muslim Women's Inheritance

A. Guaranteed Rights — No Testamentary Circumvention

The anti-testamentary 1/3 limit ENSURES Muslim women receive their Quranic shares. A testator CANNOT disinherit a daughter, wife, or mother by will. This provides GREATER GUARANTEE than systems allowing full testamentary freedom (where a father could disinherit a daughter through a will). Hindu law, post-HSA S.30, generally permits full testamentary disposition — a father could theoretically will everything to sons and disinherit daughters.

B. Wife's Always-Included Status

Muslim wife is ALWAYS an heir if validly married. She is never totally excluded. Her 1/4 or 1/8 share is GUARANTEED — irrespective of other heirs' configuration. She also benefits from farr min al-irth (protection against terminal-illness divorce).

C. Mother's Strong Position

Mother is ALWAYS a Sharer (1/3 or 1/6). She is NEVER totally excluded. Under Umariyatan, she receives carefully calibrated share. Her entitlement is independent of any other relative's presence.

D. Daughter Never Totally Excluded

Daughter always inherits in some capacity — Sharer alone, with sisters, Residuary-by-Another with son, or recipient of radd. Even in complex configurations, the daughter receives a share.

E. Specific Protective Rules

Classical Islamic law includes specific protective rules for women:

• Farr min al-irth — wife inherits if husband divorces her in terminal illness.
• Mahr — independent economic settlement at marriage (not inheritance, but supplementary).
• Maintenance obligations — husband's ongoing duty during marriage and iddat.
• Protected ownership — married women retain ownership of their property without joint ownership presumption.

F. Pre-Islamic Contrast

Historical context: these guarantees represented a profound improvement from pre-Islamic Arab practice. Muslim law gave women inheritance rights when virtually no other contemporary legal system did. The 'revolutionary' character of this reform should not be obscured by modern comparative analysis.

12. Continuing Limitations and Criticisms

A. 2:1 Rule Impact

In contemporary India, the 2:1 rule produces systematic disadvantage:

• Daughter receives half of son's share in Residuary-by-Another configurations.
• Over generations, this compounds wealth concentration in male lines.
• Compare with HSA post-2005 equal treatment for Hindu women.

B. Distant Kindred Limitation for Daughter's Descendants

Under Sunni law, daughter's children are Distant Kindred — inherit only in default of Sharers and Residuaries. Son's children inherit directly as Sharers / Residuaries. This creates dramatic disparity:

• Son's descendants — prioritised.
• Daughter's descendants — inherit only in absence of any other relative.

C. Wife's Smaller Share

Wife's 1/4 or 1/8 is significantly less than husband's 1/2 or 1/4 (when the wife dies). The asymmetry reflects classical gender roles but may seem disproportionate in contemporary contexts.

D. Reform Demands

Contemporary Indian Muslim women's organisations have advocated:

• Equal inheritance for sons and daughters.
• Equal treatment of sons' and daughters' descendants.
• Elimination of Umariyatan adjustments reducing mother's share.
• Increased wife's share.

These demands have not translated into legislative reform in India. The Shariat Act 1937 preserves classical rules; judicial review has generally not extended to fundamental restructuring.

13. Worked Examples — Women's Inheritance

Example 1 — Deceased Leaves Wife Only (No Other Heir)

Estate: Rs. 8,00,000.

• Sunni: wife 1/4 = Rs. 2,00,000; remaining 3/4 to Distant Kindred or escheat.
• Shia: wife 1/4 + 3/4 radd = Rs. 8,00,000 (ENTIRE estate).

Example 2 — Deceased Leaves Daughter Only

Estate: Rs. 12,00,000. No other heirs.

• Sunni: daughter 1/2 = Rs. 6,00,000; residue 1/2 to Distant Kindred (daughter's children / paternal uncle etc.) — or radd.
• With radd (no Residuary or other relative): daughter takes entire estate.
• Shia: daughter 1/2 + 1/2 radd = Rs. 12,00,000 (ENTIRE estate).

Example 3 — Deceased Leaves Wife + Mother + Daughter + Son

Estate: Rs. 24,00,000.

• Wife 1/8 = Rs. 3,00,000.
• Mother 1/6 = Rs. 4,00,000.
• Daughter + son take residue 2:1. Residue = Rs. 17,00,000.
• Son: 2/3 of Rs. 17,00,000 = Rs. 11,33,333.
• Daughter: 1/3 of Rs. 17,00,000 = Rs. 5,66,667.
• Son gets TWICE daughter's share.

Example 4 — Deceased Leaves Husband + Mother + Father

Estate: Rs. 12,00,000. Umariyatan case.

• Husband 1/2 = Rs. 6,00,000.
• Mother 1/3 of residue = 1/6 of total = Rs. 2,00,000.
• Father takes rest = Rs. 4,00,000.

Example 5 — Deceased Leaves 2 Daughters + Full Sister

Estate: Rs. 18,00,000. No son, no parents.

• Daughters 2/3 shared = Rs. 12,00,000 = Rs. 6,00,000 each.
• Full sister: Residuary-With-Another (with daughters); takes residue = Rs. 6,00,000.

Example 6 — Deceased Husband Leaves Widow + 3 Daughters (No Son)

Estate: Rs. 9,00,000. Classical Sunni.

• Widow 1/8 = Rs. 1,12,500.
• Daughters 2/3 shared = Rs. 6,00,000 = Rs. 2,00,000 each.
• Total: Rs. 7,12,500. Remaining 1/8 + 1/3 unaccounted = Rs. 1,87,500.
• SUNNI RADD: surplus returns proportionally to Sharers (EXCLUDING widow).
• Daughters' proportion of radd pool: 2/3 ÷ 2/3 = 1 (all goes to daughters).
• Daughters' adjusted share: Rs. 7,87,500 shared = Rs. 2,62,500 each.
• Under SHIA RADD (including widow): widow and daughters share surplus proportionally.

XIV. Leading Cases on Women's Inheritance

1. Mohd. Hussain Khan v. Kishwa Rani, AIR 1937 PC 233

2. Abdul Kader v. Turner (Madras HC)

3. Shamsunnessa v. Mohd. Ilyas, AIR 1959 All 251

4. Vineeta Sharma v. Rakesh Sharma (2020) 9 SCC 1

5. Danial Latifi v. Union of India (2001) 7 SCC 740

XV. Exam Corner

Practice Questions

1. Discuss the inheritance rights of women under Muslim law. (20 marks)
2. Explain the daughter's inheritance under Muslim law. Compare with Hindu Succession Act. (20 marks)
3. Discuss the 2:1 male-female inheritance rule. Is it universally applied? What are its rationales? (15 marks)
4. Explain the wife's inheritance rights under Muslim law. Discuss farr min al-irth. (15 marks)
5. Discuss the mother's inheritance. Explain Umariyatan in detail. (15 marks)
6. Compare the inheritance rights of daughters under Muslim law and Hindu law post-2005 amendment. (20 marks)
7. 'The Quran was revolutionary in granting women inheritance, but modern reform is needed.' Discuss. (20 marks)
8. MCQ: The Quranic verses primarily establishing women's inheritance are — (a) Baqarah 2:228-230 (b) Nisa 4:11-12, 4:176 (c) Talaq 65:1-7 (d) Maida 5:2-3. Answer: (b).
9. MCQ: A Muslim daughter inheriting with one son takes — (a) Equal share with son (b) 1/2 of son's share (2:1 ratio) (c) 1/3 of estate (d) 1/6 of estate. Answer: (b).
10. MCQ: A Muslim wife's share where the husband leaves a child is — (a) 1/4 (b) 1/8 (c) 1/6 (d) 1/3. Answer: (b).
11. MCQ: Under Umariyatan, if deceased leaves husband + mother + father (no child), mother's share is — (a) 1/3 of total (b) 1/6 of total (c) 1/3 of residue = 1/6 of total (d) 1/2 of total. Answer: (c).
12. MCQ: The HSA 2005 amendment was held retrospective in — (a) Danial Latifi (2001) (b) Rajnesh v. Neha (2021) (c) Vineeta Sharma v. Rakesh Sharma (2020) (d) Prakash v. Phulavati (2016). Answer: (c).

XVI. Conclusion

Women's inheritance rights under Muslim law present a historically significant paradox. The Quranic revelations of the 7th century granted Muslim women specified shares when most contemporary legal systems denied women inheritance entirely — a revolutionary reform for its era. Yet, by contemporary standards, the classical scheme (particularly the 2:1 male-female ratio in Residuary-by-Another transformations, the Distant Kindred status of daughters' descendants in Sunni law, and Umariyatan adjustments) produces gender outcomes that compare unfavourably with modern equal-inheritance frameworks such as the Hindu Succession Act (post-2005 amendment).

For the judicial aspirant, six anchors secure this topic. First, the historical revolutionary character of Quranic grant (pre-Islamic denial → Quranic specification). Second, the basic shares for each female heir — daughter, wife, mother, grandmother, sisters. Third, the 2:1 rule's scope and EXCEPTIONS (husband/wife independent shares; mother/father different; uterine siblings equal). Fourth, the Umariyatan special cases. Fifth, the comparison with Hindu women's inheritance post-2005 (radical divergence). Sixth, the reform debate — classical rationales (financial obligations, mahr, dual inheritance) versus modern critique (changed family structures). India preserves classical rules under Shariat Act 1937; reform remains contested. Topic 78 completes the women's-rights discussion by examining exclusion rules that can reduce or eliminate an heir's share in specific configurations.

XVII. Frequently Asked Questions

Q1. What is the basic share of a Muslim daughter?

1/2 if ALONE (no son, no other daughter); 2/3 SHARED if TWO OR MORE daughters (no son). When inheriting with a SON, the daughter becomes RESIDUARY-BY-ANOTHER — her Quranic Sharer status is displaced, and she shares the residue with the son in 2:1 (son:daughter) ratio. The daughter is NEVER totally excluded.

Q2. What is the wife's share?

1/4 if the husband leaves NO CHILD (or descendant through son); 1/8 if he leaves a child. Multiple wives SHARE the wife-share equally — e.g., 4 wives + child = each wife 1/32. The wife is NEVER totally excluded. She is also protected by the farr min al-irth doctrine against husband's terminal-illness divorce intended to defeat her inheritance.

Q3. What is Umariyatan?

Two classical Hanafi rulings (attributed to Caliph Umar) adjusting the mother's share in specific configurations: (1) Husband + Mother + Father — mother takes 1/3 of RESIDUE (= 1/6 of total); (2) Wife + Mother + Father — mother takes 1/3 of RESIDUE (= 1/4 of total). Without this adjustment, mother would receive more than father in some cases — contrary to classical rule that father receives more. Shia law does NOT apply Umariyatan — mother takes 1/3 of total.

Q4. Why is the 2:1 rule applied?

Quran Nisa 4:11 specifies that male children receive twice the female's share when inheriting together. Classical scholars rationalised this through: (i) male's greater financial obligations (to wife, children, parents); (ii) women's dual inheritance from natal + marital families; (iii) mahr settlement to women; (iv) traditional protector role of male relatives. Modern critics argue these rationales have eroded with changing family structures.

Q5. Does the 2:1 rule apply in all Muslim inheritance?

NO. Notable exceptions: (i) husband and wife have independently fixed shares (not proportionally halved); (ii) mother and father have different shares (mother can exceed father in some configurations); (iii) uterine brothers and sisters share EQUALLY (no 2:1); (iv) grandmother and grandfather have different structures. The 2:1 rule primarily operates in Residuary-by-Another transformations.

Q6. How does a Muslim daughter's inheritance compare with a Hindu daughter's?

Post the 2005 amendment to the Hindu Succession Act (and Vineeta Sharma 2020 retrospective application), Hindu daughters have EQUAL coparcenary rights with sons from birth. Hindu daughter = Hindu son. Muslim daughter — classical 2:1 ratio preserved. A Hindu daughter inherits an equal share; a Muslim daughter generally inherits half of her brother's share. This produces significant divergence in gender outcomes.

Q7. Can a Muslim testator disinherit his daughter or wife?

NO — because of the anti-testamentary 1/3 limit. A Muslim can dispose by will ONLY UP TO 1/3 of the net estate. The remaining 2/3 MUST devolve by intestate rules — including the daughter's and wife's Quranic shares. Additionally, a bequest to an heir is VOID without other heirs' consent. This provides GREATER GUARANTEE of women's inheritance than systems with full testamentary freedom (where Hindus post-HSA S.30 can theoretically disinherit via will).

Q8. What is farr min al-irth?

Classical protective doctrine: if a husband pronounces an IRREVOCABLE divorce in his TERMINAL ILLNESS — intending to defeat the wife's inheritance — and he dies, the wife STILL INHERITS despite the irrevocable character. The law refuses to honour bad-faith pre-death divorces aimed at disinheritance. A significant protective rule for wives.

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