How is the estate of a deceased woman distributed when she has a sister from the mother's side, paternal nephews, and maternal nieces?
"Kalalah" refers to a deceased person who has neither a father nor a child. If the deceased woman has only those mentioned in the question, then her inheritance is divided as follows:
Sister from the mother's side: She receives one-sixth, based on the Almighty's saying: (And if a man or a woman leaves neither ascendants nor descendants but has a brother or a sister [from his mother's side], then for each one of them is the sixth; and if they are more than that, they share in one-third) An-Nisa/12. The brothers and sisters referred to here are those from the mother's side.
Sons of paternal brothers (males only): They inherit the remainder by ta'sib (residuary heirship), according to the Prophet's saying (peace be upon him): "Give the prescribed shares to those who are entitled to them, and whatever remains is for the closest male heir."
Daughters of paternal brothers: They receive nothing from the inheritance.
Sons of maternal sisters: They receive nothing, as they are from the dhawu al-arham (relatives by kinship through females) and do not inherit when there are ashab al-fara'id (fixed share heirs) and asabat (residuary heirs).
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- 20304
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy