What is the division of inheritance between a son, two daughters, and a full paternal nephew, knowing that the deceased said before his death that his nephew is in the position of his father?
Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 2026
If the deceased bequeathed to his nephew a share similar to that of his brother, had he been alive, then the legatee receives nothing, because it is a bequest to someone who is legally non-existent (ma'dum shar'an). The nephew does not inherit when a son exists. If the deceased left no heirs other than his son and two daughters, his estate is for them by 'asabah (agnatic inheritance), with the male receiving the share of two females. It is divided into four shares: two shares for the son, and one share for each daughter. Estate matters should be referred to the Sharia courts to ensure the interests of all parties are met.
Summarized from the full answer at Ftawy · imported
Read the full answer on Ftawyhttps://ftawy.com/en/questions/113119
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- Original fatwa ID
- 113119
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