Fatwa: # 42282
Category: Inheritance (Irth)
Country:
Date: 6th May 2019

Title

Inheritance question-nieces and nephews

Question

MUHTARAM IMAM SAHIB

ASALAM-ALAYKUM

A PERSON DIED ON 10TH FEBRUARY 2019 AND WAS ISSUELESS/UNMARRIED. HE FOLLOWED HANFI FIQAH. HE WAS OWNER OF A HOUSE AND RS. 10 MILLIONS IN HIS BANK ACCOUNT. HIS PARENTS, GRAND PARENTS, FULL BROTHER AND SISTER HAD DIED LONG AGO. HE IS SURVIVVED BY MATERNAL AND PATERNAL NEPHEWS/NEICES:

I) ONE SONS AND THREE DAUGHTERS OF HIS PREDECEASED ELDER SISTER WHO DIED IN THE YEAR 2017 AND

II) TOW SONS AND TWO DAUGHTERS OF HIS PREDECEASED YOUNGER BROTHER WHO DIED IN THE YEAR 2005.

I SHALL BE GREATFUL, IF YOU KINDLY ADVISED AS TO HOW THE ESTATE OF DECEASED WILL BE DISTRIBUTED AMONGST THE SURVIVORS AT (I) AND (II) ABOVE WITH SOME REFERENCES/HADITH?

RAHEEL MALIK

Answer

In the Name of Allaah, the Most Gracious, the Most Merciful.

As-salaamu ‘alaykum wa-rahmatullaahi wa-barakaatuh.

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•The Shariah ruling herein given is based specifically on the question posed and should be read in conjunction with the question.

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We have been advised that the deceased is survived by,

  • Two brother’s sons
  • Two brother’s daughters
  • One sister’s son
  • Two sister’s daughters

Accordingly, the estate of the deceased will be divided into 2 shares as follows:

 

Beneficiaries

Shares

Percentage

Brother’s son (1)

1

50 %

Brother’s son (2)

1

50 %

TOTAL

2

100  %

 

Note: The brother’s daughters and the sister’s children will not inherit.

Note: If there are other heirs such as the children, the above will not apply.

And Allaah Ta’aala Knows Best.

Muajul I. Chowdhury

Student, Darul Iftaa

Astoria, New York, USA

Checked and Approved by,

Mufti Ebrahim Desai.

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