Is there a fatwa or a jurisprudential opinion that permits the 50% of the inheritance remaining to be divided between the half-brother and the full brother's sons, after the husband has received 50%?
The husband receives half of the inheritance as a prescribed share, and the half-brother (from the father's side) receives the remainder by 'asabah (agnatic kinship). The sons of the full-brother are excluded by the half-brother (from the father's side) because the Prophet, peace and blessings be upon him, said: "Give the prescribed shares to those entitled to them, and what remains after the prescribed shares, then it is for the nearest male." What is meant by "nearest" is the closest. The order of agnatic heirs ('asabah) is by category (jiha), then by proximity (qurb), then by strength (quwwa). The brother and the sons of the full-brother are equal in category, so the closer one is given precedence, which is the half-brother from the father's side, due to the absence of an intermediary between him and the deceased.
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- Original fatwa ID
- 75324
- Imported
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