Do the children of deceased full siblings (males and females) inherit from their brother who died without a direct heir, when there is a living full brother who has sons and daughters?
If the deceased has no heirs other than those mentioned, then if the sole remaining brother is a full brother (shaqiq) or a paternal brother (li-ab), he alone inherits from the deceased and blocks the nephews (sons of brothers). However, if the remaining brother is only a maternal brother (li-umm), he inherits one-sixth by specific share (fard), according to the Almighty’s saying: "And if a man or a woman leaves neither parents nor children but has a brother or a sister, then for each of them is one-sixth." The remainder goes to the closest male 'asabah (agnate), who in this case are the sons of the full brothers. The daughters of the brother and their children do not inherit because they are from among dhawu al-arham (relatives by blood but not by specific shares or agnatic ties), based on the Prophet's (peace be upon him) saying: "Give the prescribed shares to their rightful recipients, then whatever remains is for the closest male." It is necessary to consult the courts regarding inheritance matters to safeguard everyone's interests.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 67586
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- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy