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Brother of the Deceased Excludes Paternal Nephews of Heirdom

Answered as per Shafi'i Fiqh by Darul Iftaa Jordan
My father has three sisters and two brothers. Unfortunately, he passed away on January 1, 2010. Later, his sister passed away on February 2, 2010. Are we entitled to inherit her (Aunt)?

Answer:

Praise be to Allah the Lord of the Worlds. May His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.

The children of a full brother or a brother from the father`s side are excluded of heirdom by their paternal uncles or father`s brothers, as agreed by the Imams of the four legal schools. For more details, check {Moghni Al-Mohtaj, V.19: 4-20} and {Al-Mawso`ah al-Fiqhiyah, V.17:21}. And Allah the Almighty knows best. 

This answer was collected from the official government Iftaa Department of Jordan.

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