Fatwa: # 42241
Category: Inheritance (Irth)
Country:
Date: 5th May 2019

Title

Do the sister’s children inherit from the estate?

Question

Dear sir:

Asalam-o-Alaykum

Your kind advise is solicited on the subject under the following facts and circumstances:

QUESTION:

A PERSON DIED ON 10TH FEBRUARY 2019 AND WAS ISSUELESS/UNMARRIED. HE FOLLOWED HANFI FIQAH. HE WAS OWNER OF A HOUSE AND RS. 10 MILLIONS IN HIS BANK ACCOUNT. HIS PARENTS, GRAND PARENTS, FULL BROTHER AND SISTER HAD DIED LONG AGO. HE IS SURVIVVED BY MATERNAL AND PATERNAL NEPHEWS/NEICES:

I) ONE SONS AND THREE DAUGHTERS OF HIS PREDECEASED ELDER SISTER WHO DIED IN THE YEAR 2017 AND

II) TOW SONS AND TWO DAUGHTERS OF HIS PREDECEASED YOUNGER BROTHER WHO DIED IN THE YEAR 1987.

I SHALL BE GREATFUL, IF YOU KINDLY ADVISED AS TO HOW THE ESTATE OF DECEASED WILL BE DISTRIBUTED AMONGST THE SURVIVORS AT (I) AND (II) ABOVE WITH SOME REFERENCES/HADITH?

YOUR TRULY

Answer

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

 

DISCLAIMER

•         The Shariah ruling herein given is based specifically on the question posed and should be read in conjunction with the question.

•            Darul Iftaa bears no responsibility to any party who may or may not act on this answer and is being hereby exempted from loss or damage howsoever caused.

•            This answer may not be used as evidence in any Court of Law without prior written consent of the Darul Iftaa

 

According to the Shariah Law of Succession and Inheritance, distribution of an estate will only commence after funeral expenses, which should not be extravagant nor miserly.

Thereafter all debts (including legal costs) and bequests (if any) made to non-heirs - which will not exceed one-third (1/3) of the Estate should be paid.

Thereafter, all assets form part of the Net Estate and will be distributed according to the Islamic Law of Succession and Inheritance.

If a man passed away and is survived by :

Brother’s children:

  • Two nephews
  • Two nieces

 

According to the Shariah laws of Inheritance and Succession, if there are no other heirs besides the above, then the estate will be divided into 6 equal shares as follows:

BENEFECIARIES

SHARES

PERCENTAGE

Nephew 1

2

33.33%

Nephew  2

2

33.33%

Niece 1

1

16.66%

Niece 2

1

16.66%

TOTALS

6

100%

 

In principle, no heirs that predeceased the man will inherit from the man’s estate.

Only brother’s children will inherit, sister’s children do not inherit from the estate.

 

And Allah Ta’āla Knows Best

 

Muhammad I.V Patel

Student Darul Iftaa
Lusaka, Zambia

 

Checked and Approved by,
Mufti Ebrahim Desai.

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