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Fatwa CenterDivision of inheritance among a full sister and five nephews
Question
Assalaamu ‘Alaykum; Please calculate the inheritance according to the following information -Does the deceased have male relatives who are entitled to inherit: (A nephew from a full brother) Number 5 -Does the deceased have female relatives who are entitled to inherit : (A full sister) Number 1
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His Slave and Messenger.
If the deceased did not leave any heirs besides those mentioned in the question, then the full sister gets one half of the estate as a fixed share; Allaah, The Exalted, says (what means): {They request from you a [legal] ruling. Say, "Allaah gives you a ruling concerning one having neither descendants nor ascendants [as heirs]." If a man dies, leaving no child but [only] a sister, she will have half of what he left. And he inherits from her if she [dies and] has no child.}[Quran 4:176]
The remainder of the estate is to be divided among the sons of the deceased's full brother(s) by virtue of Ta‘seeb (i.e. by virtue of having a paternal relation with the deceased and not having an allotted share, so they get what is left after the allotted shares have been distributed).
Hence, the estate should be divided into ten shares. The full sister gets one half (five shares) and each nephew gets one share.
It should be noted that the division of the inheritance is a serious and complex issue. It is not adequate to settle for a Fatwa to be issued according to the information given by the questioner. Instead, you should refer the case to legitimate Islamic court for investigation. Other heirs may be discovered in the process. Moreover, the deceased may have left a will or may have been liable to debts or other obligations of which the heirs are not aware. It is well-known that the settlement of debts and the other liabilities are given precedence over the heirs' right to the estate. Therefore, you should not distribute the estate without referring the case to an Islamic court, if any exists, in order to secure the interests of the living and the dead alike.
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