How is the inheritance distributed to two daughters only, and a deceased paternal uncle who has three sons and two daughters, and a living paternal aunt?
If a man dies leaving behind two daughters, three nephews (sons of a brother), and one sister, and no other heirs:
- The two daughters receive two-thirds.
- If the sister is a full sister (shiqīqah) or a paternal sister (min al-ab), she receives the remainder by 'asabah (agnatic succession), and the nephews receive nothing.
- If the sister is a maternal sister (min al-umm), she receives nothing due to the presence of a lineal descendant heir (far‘ wārith). In this case, the remainder after the daughters' share goes to the sons of a full brother or a paternal brother. If they are sons of a maternal brother, they receive nothing, and the entire wealth goes to the daughters by obligatory share (fard) and by رد (return of surplus).
Inheritance cases must be referred to courts for investigation and to determine the existence of wills or debts that take precedence over the heirs' rights.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 95006
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy