A Case of Inheritance
Fatwa No: 460969

  • Fatwa Date:25-7-2022 - Thul-Hijjah 26, 1443
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Question

Assalaamu ‘Alaykum; Please calculate the inheritance according to the following information -Does the deceased have male relatives who are entitled to inherit: (A full brother) Number 1 (A nephew from a full brother) Number 1

Answer

All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) is His slave and Messenger.

If the heirs are only those mentioned in the question, and the deceased did not leave any other heir, then the entire inheritance is for the full-brother. The son of the full-brother [nephew] does not inherit with the existence of the full-brother as he is prevented from the inheritance by him.

Finally, it should be noted that the matter of inheritance is very complex an issue, so a mere Fatwa which is an answer issued according to the question is not enough. Rather, the matter should be taken to an Islamic court to look into the case and investigate, as it might be that there is an heir who would not be known except after investigation. There might also be a will, debts, or other dues that are not known to the heirs and it is known that these rights come in priority over the right of the heirs in the inheritance. Therefore, the inheritance should not be divided without resorting to an Islamic court, if any, in order to fulfill the interests of the dead and the live people.

Allah knows best.

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