Are the maternal uncles of the deceased entitled to claim a share in their mother's inheritance, despite their grandfather having relinquished his share to their mother?
If the deceased woman's father dies after her, but was alive at the time of her death, then he is considered one of her heirs and is entitled to one-sixth due to the presence of a lineal descendant, based on the Almighty's saying: "And for his parents, each of them is to have a sixth of what he left if he had a child." (An-Nisa: 11).
The remainder of the inheritance is distributed among the sons and daughters by way of ta'sib (residuary inheritance), with the male receiving the share of two females, based on the Almighty's saying: "Allah instructs you concerning your children: for the male, what is equal to the share of two females." (An-Nisa: 11).
The inheritance is divided into 54 shares: 9 shares for the father (one-sixth), 10 shares for each son, and 5 shares for each daughter.
If the father dies before receiving his share, then his share transfers to his legal heirs, and the sons and daughters do not have the right to prevent their maternal uncles and aunts from taking their father's share. Even if the father waived his share, this waiver is considered a gift that becomes void upon his death before the gifted party receives the share.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 152294
- 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