Home
Discover Islam
Quran Recitations
Lectures
Fatwa
Articles
Fiqh
E-Books
Women
Boys & Girls 
Enter Question
View By Subject
Fatwa Of The Week
Selected Fatwa
Fatwa CenterInheritance of 4 sisters and other nephews and nieces
Question
A man has 100 $ wealth, He divorced his wife (now she is married to someone else), and no children. His parents are also not alive. He has 2 brothers (both died), 4 sisters (all alive), brothers and sisters have children. Please advice in the light of Sharee'ah how the wealth will be divided among the heirs. Also clarify if a sister dies, what will be the inheritance for her children.
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. We ask Allaah to exalt his mention as well as that of his family and all his companions.
If someone dies and leaves behind some sisters and nephews and nieces from brothers and sisters, then his inheritance will be divided as follows:
His sisters will get two-thirds as their right of inheritance since they are more than one. Allaah Says about sisters (what means): {If there are two sisters, they shall have two-third of the inheritance.}[Quran 4:176]. This is the case if all the sisters are full sisters, or all the sisters are from father's side only, if one of the sisters is a full sister, she will get half of the inheritance, and the sisters from the father's side will share a sixth of inheritance remaining; if there are two full sisters or more, then the sisters from the father's side will not get anything.
However, if they are sisters from mother's side only, then their ruling and the ruling of the brothers from mother's side only will be discussed later.
As regards the remaining third after the right of the sisters, it will be divided among the nephews from brother's side as it becomes their right of inheritance but their sisters [nieces from brother's side] will not get anything. Whereas, the nephews and nieces from sisters' side, will not get anything, as they are relatives from the female side of the deceased. This is in case all the brothers are full brothers or brothers from father's side, as the Prophet 
said: "Give the prescribed share of inheritance to those who are liable for it and the remainder [of it] is for the nearest male blood relative." [Al-Bukhari and Muslim] In case the sisters are sisters from mother's side only, they are entitled to the third only, as Allaah Says about the children from mother's side (what means): {But if they are more than two, they share a third.}[Quran 4:12]. What remains of inheritance after the right of the sisters, it is for the nearest male relative. If the nephews and nieces from the brothers' side are full nephews and full nieces, or they are all from the father's side only, then the remainder of inheritance is for them as we discussed. However, if they are from the mother's side only, then they do not inherit, as they are relatives from the female side of the deceased, in this case what remains of inheritance after the right of the sisters is for the nearest male blood relative from the uncles or the uncles' sons or grandsons'.
If a woman dies and leaves children behind her, then they inherit her, the male will get a portion twice that of the female. If amongst them, there is someone who has a prescribed share of inheritance, like the husband and the like, then he gets his share and then the remainder will be divided amongst the children, the male will get a portion twice of that of a female, as Allaah Says (what means): {Allaah instructs you concerning your children [i.e. their portions of inheritance]: for the male, what is equal to the share of two females.}[Quran 4:11].
Allaah Knows best.
Search Fatwa
Fatwa Subject
