Fatwa ID: 07891
Answered by: Alimah Saniyah bint Asrar
Question:
I had a question regarding inheritance. My uncle (dad’s brother) died a year and a half ago and had the following relatives alive on his death. He had no children.
- His wife
- 1 sister.
- 4 nephews (Deceased brother’s sons)
- 3 Nieces (deceased brother’s daughters)
- 2 nephews (deceased sister’s sons)
The inheritance had not been distributed yet and his sister died a year after his death, but before distribution of his wealth. She is survived by 4 daughters. She had no son.
He didn’t make any wasiyya.
Would you please advise how his wealth will be distributed among his relatives?
In the name of Allah, the Most Gracious, the Most Merciful
Answer:
In the case that an individual passes away without any Wasiya, their inheritance will be taken as is, and will be divided according to the Islamic laws of inheritance.
First and foremost, the deceased’s funeral expenses and debts must be paid off from the wealth they left behind.
Thereafter, their net assets (money, property, gold, etc.) will be calculated and the inheritance will be calculated.
We will begin by looking at those whom Islam has given fixed shares. In this case, they will be the wife and sister. The wife will be entitled to 1/4 (25%) of the estate because the deceased had no children. The sister is entitled to 1/2 (50%) of the estate as there are no direct descendants (children or parents) and no other surviving brothers.
Next, we will take into account the male heirs (asabah) as the remaining estate goes to them. In this case, the deceased’s brother’s sons will receive the remaining 1/4th, which will be divided amongst the four of them equally.
As for the other nieces and nephews, they do not receive a share because the nephews from the deceased brother are more entitled and will block them.
Final Distribution:
Wife: 25%
Sister: 50%
Each Nephew (4): 6.25%
منحة السلوك في شرح تحفة الملوك ١/٤٣٦
قوله: (والزوجة لها الربع: عند عدم الولد وولد الابن) واحدة كانت أو أكثر، لقوله تعالى: ﴿وَلَهُنَّ الرُّبُعُ مِمَّا تَرَكْتُمْ إِنْ لَمْ يَكُنْ لَكُمْ وَلَدٌ﴾ [النساء: ١٢].
قَالَ اللَّهُ تَعَالَى ﴿إنْ امْرُؤٌ هَلَكَ لَيْسَ لَهُ وَلَدٌ وَلَهُ أُخْتٌ﴾ [النساء: ١٧٦] قَالَ الزُّهْرِيُّ فَلَمْ أَفْهَمْ مُرَادَ ابْنِ عَبَّاسٍ حَتَّى سَأَلْت عَنْهُ عَطَاءً فَقَالَ مُرَادُهُ أَنَّ اللَّهَ تَعَالَى إنَّمَا جَعَلَ لِلْأُخْتِ النِّصْفَ بِشَرْطِ عَدَمِ الْوَلَدِ وَلَمْ يَجْعَلْ لَهَا النِّصْفَ مَعَ الْوَلَدِ فَإِنَّ اسْمَ الْوَلَدِ حَقِيقَةً لِلذَّكَرِ وَالْأُنْثَى جَمِيعًا.
Only Allah (عز و جل) knows best.
Written by Alimah Saniyah bint Asrar
Checked and approved by Mufti Mohammed Tosir Miah
Darul Ifta Birmingham
