Do the sons of a deceased paternal cousin inherit if he leaves no heirs from the ascendants, descendants, or collateral relatives?
The sons of a full paternal uncle or a paternal uncle (from the father's side) are among the heirs. They inherit when there is no father, grandfather, son, grandson (however far down), full brother, paternal brother (from the father's side), son of a full brother, son of a paternal brother (from the father's side), full paternal uncle, or paternal uncle (from the father's side). They also inherit in the absence of fractional share recipients such as a granddaughter or a grandmother. In such cases, they inherit the wealth by ta’sib (residuary heirship), based on the saying of the Prophet, peace be upon him: "Give the prescribed shares to those who are entitled to them, and whatever remains is for the closest male heir." We emphasize that matters of inheritance are serious and complex, and a mere is insufficient. Rather, it is imperative to refer such matters to the courts for investigation, as there might be an heir, bequests, debts, or other rights that take precedence over the rights of the heirs. Therefore, an estate should not be distributed without consulting the Sharia courts.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/94647
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 94647
- 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