Do the paternal uncles and maternal uncles of the deceased husband and their children inherit along with his wife, daughter, and full sister? And what is the share of each heir?
The maternal uncles of the deceased and their sons are not among the inheritors, whereas the paternal uncles of the deceased and their sons are among the inheritors. However, they do not inherit except under certain conditions, including: the absence of a male ascendant inheritor (father or his father, no matter how high), the absence of a male descendant inheritor (son or son of a son, no matter how low), and the absence of a residuary heir from the deceased's brothers or sisters.
So, in the event of a man’s death, leaving behind a wife, a daughter, a full sister, and paternal uncles or sons of paternal uncles, the wife inherits one-eighth, as Allah says: "But if you have a child, then for them is one eighth of what you leave, after any bequest you [may have] made or debt" (An-Nisa:12). The daughter inherits half, as Allah says: "But if there is only one, she will have half" (An-Nisa:11). The remaining share is taken by the full sister as a residuary heir (ta'seeb), and there is nothing for the paternal uncles or their sons.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 93304
- 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