How is the estate of a person who left behind the children of a deceased sister, a paternal uncle's son, a full paternal uncle's daughter, and a paternal aunt distributed?
If the deceased's heirs are limited to those mentioned, then whatever remains of his money after his burial, the payment of his debts, and the execution of his will, is exclusively for his paternal cousin (son of his paternal uncle), and no one else. This is because the sons of the sister are from the distant kindred (dhawu al-arham) and do not inherit when there are agnatic heirs (asabah). The paternal aunt and the daughter of the full paternal uncle are not among the sharers (ashab al-furud) and do not become agnatic heirs. The Prophet, peace and blessings be upon him, said: "Give the prescribed shares to those entitled to them; and whatever remains is for the nearest male." The enquirer should be aware that matters of inheritance are serious and complex, and it is not permissible to rely solely on a . Rather, they must be referred to courts for investigation and to ensure that there are no other heirs, wills, or debts that take precedence over the right 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
- 60731
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- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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