Inheritance of nephews and nieces

Answered according to Hanafi Fiqh by Fatwaa.com

As-salaamu ‘Alaykum wa Rahmatullaahi wa Barakaatuhu

A man is survived by only the following relatives:

1) 5 daughters and 2 sons of a late Akhyaafi sister and:
2) 2 daughters and 3 sons of a late Akhyaafi brother

How will the estate be divided among them? Please answer according to the Hanafi madhab.

jazaakAllah

wassalaam

Answer

Wa’alaykum as Salam wa rahmatullahi wa barakatuhu,

If there are no closer relatives to the deceased (like Ashaab al-Faraaidh, Asabaat, Dhawil arhaam etc), then the estate will be divided equally among all his nephews and nieces from his akhyaafi brother and akhyaafi sister. Hence, the estate will divided into 12 equal shares and each one of them will receive one share. All the nephews and nieces will be equal in getting one portion each.

And Allaah Ta’aala knows best
Wassalaam,
Ismail Moosa (Mufti)
Iftaa Department,
Euro-Sunni & Islamic Research and Welfare Academy

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