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Will maternal nephews and nieces inherit?

Answered according to Hanafi Fiqh by IslamicPortal.co.uk

Will maternal nephews and nieces inherit?

Question

A deceased leaves behind the following:

  • Wife
  • 4 paternal brothers (father the same)
  • 6 paternal sisters (father the same)
  • 1 maternal brother (mother the same)
  • 1 maternal sister (mother the same)
  • 4 maternal nieces and 1 maternal nephew (children of the deceased’s maternal sister who passed away before)

How will the inheritance be distributed and will the maternal nieces and nephew inherit?

بسم الله الرحمن الرحیم

Answer

The inheritance will be distributed as follows:

  • Wife: 42/168th – 1/4th (25%)
  • Each of the 4 paternal brothers: 10/168th (5.952%)
  • Each of the 6 paternal sisters: 5/168th (2.976%)
  • Maternal brother: 28/168th – 1/6th (16.667%)
  • Maternal sister: 28/168th – 1/6th (16.667%)

The maternal nieces and nephew will not inherit.

Note: The fractions should be used, as the percentages have been rounded off.

Allah knows best

Yusuf Shabbir

5 Ṣafar 1443 / 13 September 2021

Approved by: Mufti Shabbir Ahmed and Mufti Muhammad Tahir

This answer was collected from IslamicPortal.co.uk, which is a repository of Islamic Q&A, articles, books, and resources. Various schools write and oversee the answers, including Maulana Yusuf Shabbir, Mufti Shabbir Ahmed, and Mufti Muhammad Tahir. 

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