A man dies leaving behind a wife and two daughters; he has eight living nephews from four deceased brothers. Do the nephews have any Shariah right to deceased property? What will be the shares among different Shariah heirs?
بسم الله الرحمن الرحيم
(Fatwa: 256/255/N=03/1435)
(1) Since bhatija turns asbah (agnation) in case the son, grandson, father, grandfather and brothers are not available hence in the question mentioned above the bhatijas of the deceased person shall get shares provided all the brothers have died before the said person.
(2) All the property of the deceased person shall be divided into 192 shares, after paying due rights preceding inheritance. Out of the total the widow shall get 24 shares, 64-64 shares shall go to each daughter, and 5-5 shares to each bhatija. The detail of division is as follows:
Details:
Wife: 01×24=024
Daughters: 02×64=128
Bhatijas: 08×05=040
Total: 192
Allah knows Best!
Darul Ifta,
Darul Uloom Deoband