When a mother passes away, her children may wonder about their inheritance rights under Bahraini law. The children’s shares are determined by the number and gender of the children, as well as the presence of other heirs.
In this article, we explain the Children’s Share of Their Mother’s Estate in accordance with the provisions of Islamic Sharia applicable in the Kingdom of Bahrain.
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Table of Content
Children’s Share of Their Mother’s Estate in Bahrain
Under Islamic jurisprudence, a mother’s estate is divided among her sons and daughters, with each son receiving twice the share of each daughter, based on the Quranic verse: “Allah instructs you concerning your children: for the male, what is equal to the share of two females” (Surah An-Nisa, 4:11). Accordingly, the estate is distributed as follows:
Where there are both sons and daughters:
Each son receives twice the share of each daughter.
Example: If a mother leaves behind three sons and two daughters, the estate is divided into eight shares. Each son receives two shares, and each daughter receives one share.
Where there are only sons or only daughters:
- If there are only sons, the estate is divided equally among them.
- If there are only daughters and there are two or more of them, they collectively receive two-thirds of the estate, divided equally among them.
- If there is only one daughter, she receives half of the estate.
How the Presence of Other Heirs Affects the Children’s Share
The presence of other heirs, such as the husband (the children’s father) or the deceased mother’s parents, may affect the children’s inheritance shares. In such cases, the estate is distributed according to the following order:
- Husband: He receives one-quarter of the estate if the deceased has a descendant entitled to inherit (children or grandchildren), and one-half if she has no such descendant.
- Mother: She receives one-sixth if the deceased has a descendant entitled to inherit or has two or more siblings. She receives one-third if there is no descendant entitled to inherit and no group of siblings.
- Father: He receives one-sixth as a prescribed share if there is a male descendant entitled to inherit. If there is no male descendant entitled to inherit, he receives the remainder of the estate as a residuary heir.
After the prescribed shares have been allocated, the remainder of the estate is divided among the children in accordance with the rules outlined above.
The Role of an Inheritance Lawyer in Estate Division Cases
Inheritance cases are sensitive and complex matters that require a thorough understanding of Islamic Sharia and the laws in force in Bahrain. A specialized lawyer can assist with:
- Providing legal advice: Clarifying the heirs’ rights and ensuring that the estate is distributed fairly in accordance with the law.
- Preparing official documents: Such as inheritance certificates and estate documentation to protect the rights of all parties.
- Resolving disputes: If disagreements arise among the heirs, the lawyer works to resolve them through lawful and amicable means.
Therefore, it is advisable to appoint a lawyer in Bahrain who specializes in inheritance cases to ensure that the estate is distributed in accordance with Islamic Sharia and applicable legal provisions.
Frequently Asked Questions
Is a son entitled to inherit more than a daughter from their mother's estate?
Yes. Under Islamic Sharia, a son is entitled to inherit more than a daughter, as he receives twice her share.
How is a mother's estate distributed if she has no sons or daughters?
If a mother has no sons or daughters, her estate is distributed among the eligible relatives in accordance with the order established by Islamic Sharia, such as her husband, parents, and siblings.
Do the mother's grandchildren (children of her sons or daughters) affect the distribution of the estate?
Yes. The presence of the mother's grandchildren (children of her sons or daughters) may affect the distribution of the estate. If the children have passed away, the grandchildren inherit their parents' shares of the estate.
In conclusion, the Children’s Share of Their Mother’s Estate is determined by the number and gender of the children, while taking the presence of other heirs into account. It is advisable to seek assistance from a specialized lawyer to ensure that the inheritance is distributed fairly and lawfully.
For more information or legal advice, you can contact an inheritance lawyer using the WhatsApp button at the bottom of the screen.
For related information, learn more about:
Inheritance Law for a Maternal Half-Sister under Bahraini law.
A Bahraini lawyer and the founder of a legal consultancy firm established in February 2019. He holds a Higher Degree in Sharia and Law from Al-Azhar University. He has extensive experience in court representation and providing legal advice in criminal, personal status, civil, and commercial matters. He is known for delivering clear, practical, and effective legal advice aimed at protecting his clients’ rights and interests, and has achieved tangible results in notable cases, including commercial litigation and inheritance matters
