Do the sons and daughters of the maternal uncle inherit, or only the males, upon the demise of the paternal aunt, with no surviving lineal descendants?
In the absence of a sharer for the deceased who has no descendants, no ascendants, and no siblings, the entire inheritance goes to the closest male 'asabah (agnate relatives) to the exclusion of females. If there are multiple males of the same degree, they divide the inheritance equally among themselves. If there is only one male, he takes the entire inheritance, based on the Prophet's (peace be upon him) saying: "Give the prescribed shares to those entitled to them, and what remains is for the closest male." Therefore, the inheritance of the aunt mentioned, in the event of her demise without the aforementioned relatives, would go to her brother's sons or her male siblings' sons, to the exclusion of females. It is always preferable in matters of inheritance to refer to the Sharia courts.
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- Ftawy
- Original fatwa ID
- 67077
- Imported
- Translation status
- Source text, unreviewed
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