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The question

Does the maternal uncle inherit from his mother's sister's estate, knowing that she has no heirs other than her mother's brothers?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

If your mother's paternal aunt passed away and has no living relatives other than those mentioned, her heirs are your maternal uncles (her brother's sons) who were alive at the time of her death. No one who died before her inherits, and your mother (her brother's daughter) does not inherit because sons of brothers are asabah (agnatic heirs) in themselves and do not make their sisters asabah in this case.

If your maternal uncle passed away before his paternal aunt, he does not inherit. However, if he passed away after her and before the division of the inheritance, his right is not forfeited, and his share goes to his heirs.

It is recommended for the maternal uncles to give a portion of the inheritance to relatives who do not inherit during the division, in accordance with the noble verse: "And when [other] relatives and orphans and the needy are present at the time of division, then give them therefrom and speak to them words of kindness." (An-Nisa:8).

Finally, matters of inheritance should be brought before the Sharia courts for investigation and to ensure that there are no other heirs, wills, debts, or rights that take precedence over the heirs' rights.

Summarized from the full answer at Ftawy · imported

Read the full answer on Ftawy
Source platform
Ftawy
Original fatwa ID
79541
Imported
Translation status
Source text, unreviewed
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