Do the sons and daughters of the maternal aunt inherit from the deceased who has no male relatives as heirs, and how is the inheritance divided between them?
Maternal uncle's children and maternal aunt's children are not among the inheritors who are entitled to fixed shares (ashab al-furud) or residual heirs (asabat). Rather, they are among the relatives by kinship (dhawu al-arham) who inherit in the absence of an inheritor with a fixed share or a residual heir. The established ruling is that relatives by kinship inherit, and what they receive is considered an inheritance, not a benefit, and it is disbursed to them according to their shares. So, if the deceased left no inheritor except the maternal uncle's sons and the maternal aunt's daughter and son, then they inherit. The maternal aunt and maternal uncle are considered equivalent to the mother, so the inheritance is divided into two shares: one share for the maternal uncle's sons, to be divided equally among them, and one share for the maternal aunt's son and daughter, to be divided equally between them. It is important to note that inheritance matters are complex and should not rely solely on a ; rather, they must be referred to courts or discussed directly with scholars to investigate and ensure the absence of wills or debts.
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Reviewed by El Fatwa's sharia committee.
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