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Nephews inheriting in the case where there are no living sons or brothers

Answered as per Hanafi Fiqh by Muftionline.co.za

Q: My father has passed away few days before and I want to ask you about distribution of inheritance. My father passed away leaving behind:

– One wife

– Three daughters

– Both parents have already passed away

– He had 3 siblings and they all passed away in my father’s lifetime

– 1st elder sister who already passed away left behind 1 husband and 2 daughters

– 2nd elder brother who also passed away left behind 1 wife, 1 son and 2 daughters

– 3rd younger brother who left behind 1 wife, 3 daughters and 1 son.

In this case who will inherit and in what ratio? We are confused whether the nephews will also inherit or not. Please clear that. 

Bismillaah

A: The estate will be divided into 144 equal shares and distributed as follows:

Wife will receive 18 shares

Each daughter will receive 32 shares

Each of the two nephews (late brothers’ sons) will receive 15 shares.

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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