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My brother passed away unmarried. How are the heirs identified?

1 min readAlso available in العربية

The male heirs are: the father, the paternal grandfather, the son, the son's son, the full brother, the half-brother by the father, the half-brother by the mother, the son of the full brother, the son of the half-brother by the father, the full paternal uncle, the half-paternal uncle by the father, the son of the full paternal uncle, the son of the half-paternal uncle by the father, the husband, and the emancipator (master who freed a slave) and his agnatic heirs.

The female heirs are: the mother, the wife, the daughter, the daughter of the son, the full sister, the half-sister by the father, and the half-sister by the mother.

Some inherit by fixed share (fard), some by residuary share (ta'sib), and some by both. Some also exclude others. Determining how an estate is to be divided requires knowing the existing heirs.

The matter of inheritances is serious and complex. A mere fatwa is insufficient; rather, it must be referred to the Sharia courts to investigate the existence of other heirs, wills, debts, or rights that take precedence over the rights of the heirs. Therefore, an estate should not be divided without consulting the Sharia courts.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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