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Search Fatawaa

Subject : Sons of Full Brothers Inherit by Ta`seeb

Fatwa Number : 840

Date : 14-07-2010

Classified : "Wills and Obligations"in Inheritance

Fatwa Type : Search Fatawaa

Question :

After my mother had passed away, my father got married. Six months later, his wife passed away along with her brothers. She left behind one sister. Do the sons of her (Stepmother) full brothers inherit her and how much is their share?

The Answer :

All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.

If a woman dies and leaves behind no heirs except a sister and sons of full brothers, then her sister`s prescribed share is half of the estate and the rest is equally divided between her brothers` sons because they inherit by Ta`seeb (I.e. by virtue of being related to the deceased through the father of the latter). Ibn ‘Abbas reported God’s Messenger as saying, “Give the shares to those who are entitled to them, and what remains over goes to the nearest male heir.” (Bukhari and Muslim).

However, if a woman dies leaving no heirs save a sister and full brothers, then her sister and brothers inherit her where the male gets twice the share of the female.

The estate of the deceased woman includes all her wealth. This is whether she had collected it through work, inheritance, gift or other ways of legal possession.

In all cases, we recommend visiting an Islamic court to complete the division of the inheritance according to the rules of inheritance stipulated in Sharia. And Allah the Almighty knows best.



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