Do the daughter of a full brother (paternal side) and the two sons of a sister (maternal side) inherit from a deceased woman who has no other heirs besides them, and how is the inheritance divided among them?
If the deceased leaves no heirs other than those mentioned, then the niece (daughter of the brother) and the nephews (sons of the sister) are considered ذوي الأرحام (relatives by blood, but not primary heirs), and they inherit by way of tanzil (representation), meaning they are placed in the position of the person through whom they are related to the deceased. Thus, the two nephews (sons of the sister from the mother's side) take the one-sixth share that their mother, the sister from the mother's side (أخت لأم), would have been entitled to. The niece (daughter of the brother from the father's side) takes the remainder, because she is in the position of the brother from the father's side, who would take the remainder after the Ashab al-Furud (those with fixed shares). It is advisable to refer inheritance matters to the courts for precise investigation.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 161718
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- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy