Do the deceased's female cousins have a right to inheritance if he has male 'asabah (agnate relatives) and his only heir is his daughter?
The male heirs number fifteen, and the female heirs number ten. The method of distributing the inheritance cannot be determined until the heirs are accurately enumerated.
If the grandfather passed away and his daughter (the mother) was alive, and there were no other sharers (ashab al-furud) with her, she inherits half as a prescribed share (fard), according to the Almighty’s saying: "And if she be one, then she shall have half."
The remaining half goes to the nearest male agnate ('asaba) of the deceased, equally if they are of the same degree of closeness, otherwise to the closest, based on the saying of the Messenger of Allah, peace and blessings be upon him: "Give the prescribed shares to those entitled to them; and whatever remains is for the closest male." Muslims have unanimously agreed that what remains after the prescribed shares goes to the agnates, and the closest is preferred over the more distant.
As for the paternal uncle’s daughters, they have no inheritance, whether as a prescribed share or through agnatic relationship; they are not among the heirs.
We emphasize that matters of inheritance are serious and complex. Therefore, the heirs must be enumerated correctly and clearly, without ambiguity. It is safer not to rely solely on this answer, but rather to refer the matter to the courts or consult a scholar directly to verify all heirs, wills, debts, and other rights that take precedence over the rights of the heirs.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 188584
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- . 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