Fatwa ID: 09359
Answered by Maulana Nahid Uddin
Question:
Salaam, I have a case where my wife’s mother had passed away leaving 2 daughters. Their mother has no siblings alive. The next male would be nephews of which there are 9.
How would we go about splitting the the house accordingly? Are the nephews all entitled?
In the name of Allah, the Most Gracious, the Most Merciful
Answer:
According to the principles of inheritance in the Hanafi school, when a woman passes away leaving two daughters and no surviving parents, husband, or siblings, the daughters are fixed sharers. Allah ﷻ says, ‘If there are two or more daughters, they shall receive two-thirds of what he leaves’ (Surah Al-Nisaa).[1] Thus, the two daughters collectively receive two-thirds (2/3) of the estate, including the house, to be divided equally between them.
The remaining one-third (1/3) of the estate goes to the Asabah (residuary heirs). In the absence of sons, father, brothers, or paternal uncles, the Hanafi school holds that paternal nephews (sons of brothers) inherit as residuaries. The Prophet ﷺ said: ‘Give the fixed shares to those entitled to them, and whatever remains goes to the nearest male relative’ (Bukhari). Therefore, the nephews are indeed entitled only to the remaining one-third, not the entire estate.[2]
All paternal nephews share that remaining one-third equally, as they are at the same level of kinship and there is no distinction in inheritance between them under Hanafi law.
Only Allah ﷻ knows best.
Written by Maulana Nahid Uddin
Checked and approved by Mufti Mohammed Tosir Miah
Darul Ifta Birmingham
References:
[1]
فَإِن كُنَّ نِسَاءً فَوْقَ اثْنَتَيْنِ فَلَهُنَّ ثُلُثَا مَا تَرَكَ
Surah Al-Nisaa, 11
[2]
أَلْحِقُوا الْفَرَائِضَ بِأَهْلِهَا فَمَا بَقِيَ فَلِأَوْلَى رَجُلٍ ذَكَرٍ
Sahih Al-Bukhari, 6732
فَأَقْرَبُ الْعَصَبَاتِ الِابْنُ ثُمَّ ابْنُ الِابْنِ وَإِنْ سَفَلَ ثُمَّ الْأَبُ ثُمَّ الْجَدُّ أَبُ الْأَبِ وَإِنْ عَلَا، ثُمَّ الْأَخُ لِأَبٍ وَأُمٍّ، ثُمَّ الْأَخُ لِأَبٍ ثُمَّ ابْنُ الْأَخِ لِأَبٍ وَأُمٍّ
Al-Fatāwa al-Hindiyyah, 2nd ed., 1892 (Vol.6, pg.451, Amiriya Press)