How is the inheritance of a woman who died leaving only sons and daughters of brothers and sisters distributed? Is the inheritance limited to male sons of brothers to the exclusion of females? And does the rule "to the male, like the share of two females" apply in this case?
If the deceased has no relatives other than her brothers' and sisters' sons and daughters, then the heirs by ta'sib (agnatic kinship) are only the male sons of the brothers, because the daughters of the brother and the sons of the sisters are neither 'asabat (agnatic heirs) nor ashab al-furud (sharers). It is recommended for the brothers' sons to give their sisters and their paternal aunts' sons a portion of the inheritance when dividing it, based on the Almighty's saying: "And when [other] relatives and orphans and the needy are present at the time of division, then provide for them [something] out of it and speak to them words of appropriate kindness." (An-Nisa:8).
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Reviewed by El Fatwa's sharia committee.
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