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Fatwa CenterDeceased left behind half-siblings from the father's side and nephews from a full-brother
Question
Assalaamu ‘Alaykum; Please calculate the inheritance according to the following information -Does the deceased have male relatives who are entitled to inherit: (A half brother (from his father)) Number 3 (A nephew from a full brother) Number 4 -Does the deceased have female relatives who are entitled to inherit : (A half sister (from the father)) Number 5
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 ʻalayhi wa sallam, is His slave and Messenger.
If the deceased did not leave behind any other heirs than those mentioned in the question, then the deceased's brothers and sisters from the father's side only are entitled to inherit. The estate should be divided among them and the male gets double the share of the female. Allaah The Exalted says about someone who has neither descendants nor ascendants (as heirs) (what means): {If there are both brothers and sisters, the male will have the share of two females.} [Quran 4:176]
Therefore, the estate should be divided into eleven shares, with each brother from the father's side receiving two shares and each sister from the father's side receiving one share.
As for the children of the deceased's full brother, they are not entitled to inherit due to the presence of the deceased's brothers from the father's side.
Finally, 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 an Islamic court for further investigation; other heirs may be discovered after careful investigation. Moreover, the deceased may have left a will or may have been liable to debts or other obligations and liabilities of which the heirs are not aware. It is well-known that the settlement of debts and other liabilities are given precedence over the heirs' right to their shares in 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.
Allaah Knows best.
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