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Shares of Nephews and Nieces

Answered according to Hanafi Fiqh by Fatwaa.com

Assalamu alaykum,
my question is that if man died, and he has no heairs: his parents died before, and he has no child, his wife and sister also died. now only his brother’s sons and daughters (nephews and nieces) are alive. what shares distribute among them(nephews and nieces)?

Answer

Wa’alaykum as Salam warahmatullahi wa barakathu,

In the case where a person leaves behind no primary heirs (i.e., parents, spouses, children, and siblings), the Agnates or Secondary heirs will be entitled to the estate.

In the current scenario, the Agnates will be the brother’s sons only, and the brothers’ daughters will not inherit as per the Islamic Law of Succession laid down by Allāh Ta’ālā and His Messenger, Prophet Muḥammad ﷺ.

And Allāh Ta’ālā says:

These (entitlements) are the limits set by Allāh. Whoever obeys Allāh and His Messenger will be admitted into gardens under which rivers flow, to stay therein forever. That is the ultimate triumph! [Al-Qur’ān 4:13]

And Allaah Ta’aala knows best

Wassalaam,

Ismail Moosa (Mufti)

References

[Al-Qur’ān 4:13, Al-Sirājī fī Al-Mīrāth, Aḥkām Al-Mawārīth]

This answer was collected from Fatwaa.com which is an excellent Q&A site managed by Mufti Ismail Moosa from South Africa. .

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