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Inheritance Distribution for a Man’s Wife as Sole Inheritor with a Maternal Aunt Present

Answered as per Hanafi Fiqh by Muftionline.co.za

Q: If a man passes away leaving behind his wife as his only inheritor, how would the inheritance be distributed? Would it make a difference if he also had a maternal aunt (mother’s sister)?

Bismillaah

A: If he has no other relative besides his wife and maternal aunt then the wife will receive 1/4 of his estate and the remainder will go to his maternal aunt.

And Allah Ta’ala (الله تعالى) knows best.

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Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)


Q: I would like to ask for clarification. What will the shares be if the maternal aunt is not present (since she is a non-Muslim)? Will all the inheritence be given to the wife in that case?

Bismillaah

A: If the deceased does not have any other heir besides the wife then the wife will receive the entire estate. (Radd-ul-Muhtaar, vol. 6, p. 788)

And Allah Ta’ala (الله تعالى) knows best.

Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)

This answer was collected from MuftiOnline.co.za, where the questions have been answered by Mufti Zakaria Makada (Hafizahullah), who is currently a senior lecturer in the science of Hadith and Fiqh at Madrasah Ta’leemuddeen, Isipingo Beach, South Africa.

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