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Sunni Shariat and Property Distribution: Does Having a Son Affect Inheritance?

Answered as per Hanafi Fiqh by Muftionline.co.za

Q: My question is about distribution of property according to sunni shariat. My mom has 2 sisters. Out of my two aunts only one has children of which are daughters. My other aunt doesn’t have any children. My mom is the only one with a son. So after the Death of my aunt the property is to be distributed between her sisters, i.e my mom and aunt since my other aunt did not have any children. So my actual question is that should my mom receive the property in 2:1 ratio since she has a son?

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A: If the deceased did not leave behind any other relatives, like parents, brothers, children and the only survivors are 2 sisters then they will receive 2/3 equally between them. And if after careful examination there is no one else besides them then the remaining 1/3 will also be distributed equally among them two.

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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