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Brother Yusuf passed away. His children are not Muslim. Yusuf has 1 half brother and 2 half sisters from his mother’s side. (They are all Muslims) Yusuf has a half brother from his father’s side but this half brother passed away before Yusuf. This half brother has a wife, 1 son and 4 daughters. Yusuf’s mother and father passed away before him. He has no other ascendants. How will his inheritance be distributed?

Answered according to Hanafi Fiqh by Darulifta-Deoband.com
Brother Yusuf passed away. His children are not Muslim. Yusuf has 1 half brother and 2 half sisters from his mother’s side. (They are all Muslims) Yusuf has a half brother from his father’s side but this half brother passed away before Yusuf. This half brother has a wife, 1 son and 4 daughters. Yusuf’s mother and father passed away before him. He has no other ascendants. How will his inheritance be distributed?

Answer

(Fatwa: 373/305/B=1433)

If the sons of Yusuf are not Muslim then they shall get no share in the property of their father. However the step brothers and sisters who are from the side of mother they all three shall get their shares from one third property. And the bhatija (son of step brother from his father) shall get the remaining two third while all the four bhatijis shall be deprived as they are among the zavi al-arham (a kind of relatives). So, all the property shall be divided into 9 shares out of which 1-1 share shall go to step brother and sister and six shares shall go to the step bhatija.

Division Detail
Step brother and sister 3×1= 3 shares
Step nephew 1×6= 6 shares
Total 9 shares

Allah (Subhana Wa Ta’ala) knows Best

Darul Ifta,
Darul Uloom Deoband

This answer was collected from the official ifta website of Darul Uloom Deoband in India.

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