Fatwa: # 17749
Category: Inheritance
Country: South Africa
Date: 23rd March 2009

Title

Deceased leaves only one surviving sister and many nephews and nieces from already deceased brothers and sisters. No surviving parens and no surving children.

Question

Deceased leaves only one surviving sister and many nephews and nieces from already deceased brothers and sisters. No surviving parens and no surving children.
Who inherits and what would be their legitimate shares.

Answer

In the name of Allah, Most Gracious, Most Merciful

Assalaamu `alaykum waRahmatullahi Wabarakatuh

When a person passed away firstly, the burial expenses would be paid for. This should not be too extravagant neither should it be thrifty. Thereafter, all debts, if any, will be paid off. This will be paid for from the entire estate. Thereafter, all bequests, if any will be fulfilled. This will be paid from one third of what ever remains after paying all debts. Thereafter, the remainder will be distributed to their respective inheritors.

The sister will inherit half the estate of the deceased.

None of the nieces will inherit.

Nephews (sisters sons) also will not inherit.

The remainder will be equally divided among the nephews (brothers sons).

 

 

العصبات النسبية ثلاثة عصبة بنفسه...

السراجي 14

 

(المال كله للعم دون العمة) وكذا الحال في ابن العم مع بنت العم لاب وام او لاب وفي ابن الاخ مع بنت الاخ لاب [وام او لاب]

شرح الجرجاني 84

And Allah knows best

Wassalamu Alaikum

Ml. Ishaq E. Moosa,
Student Darul Iftaa

Checked and Approved by:

Mufti Ebrahim Desai
Darul Iftaa

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