How is the inheritance divided among: a wife, a daughter, five full paternal nephews (sons of a full brother), and three full paternal cousins (sons of a full paternal uncle)?
The inheritance is divided in the presence of a daughter, a wife, full brothers' sons, and full paternal uncles' sons as follows:
To his daughter belongs half as a prescribed share; as Allah Almighty says: (And if there is only one, then to her belongs half). To his wife belongs one-eighth as a prescribed share; due to the presence of a direct descendant heir, as Allah Almighty says: (But if you have a child, then for them is one eighth of what you leave). Whatever remains after the daughter's and wife's prescribed shares goes to the full brothers' sons by agnatic inheritance (ta'sib); as the Prophet, peace and blessings be upon him, said: "Give the prescribed shares to those entitled to them, and whatever remains is for the closest male." Nothing for the full paternal uncles' sons; because they are completely excluded by the full brothers' sons.
Division of the inheritance from 40 shares:
Daughter: 20 shares (half). Wife: 5 shares (one-eighth). Full brothers' sons: 15 shares (the remainder), 3 shares for each.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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- Read the full answer on Ftawy