Daughter of a woman's sister is not one of her heirs

17-12-2013 | IslamWeb

Question:

Assalamu Alaikum. Assuming a wife with 4 children (2 boy, 2 girl) pass away and she has a daughter of her sister at her custody since 15 years ago. Will that girl of her sister part of her inheritance. Bissalam.

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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 is His slave and Messenger.

The sister's daughter does not inherit from her maternal aunt, whether her maternal aunt has sons and daughters or does not have any sons or daughters, because the sister's daughter is not one of the heirs in principle.

The female heirs are: mother, grandmother, wife, daughter, son's daughter, the daughter of a lineal male descendant howsoever low, full sister, half-sister from father’s side, half-sister from mother’s side, and  mistress who freed a slave girl or a slave man (she inherits from them). These are the female heirs. Thus, the daughter of the sister is not included.

Allaah Knows best.