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The question

Do the deceased's niece (daughter of his deceased sister), paternal aunts, and maternal aunts have a share in the inheritance?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

The process begins by settling the debts of the deceased, then the remaining estate is divided among the heirs.

If the heirs are the mother, sisters, and paternal uncles, the grandmother does not inherit due to the presence of the mother. The daughter of the deceased sister does not inherit because she is from among the kin (dhawu al-arham), and the deceased sister does not inherit because one of the conditions for inheritance is that the heir must be alive after the death of the one from whom they inherit.

The division of the inheritance is as follows: The mother receives one-sixth due to the presence of multiple siblings. The sisters receive two-thirds due to their multiplicity and the absence of any male who would make them residuary heirs. Whatever remains after that goes to the paternal uncles by way of residuary inheritance (ta'sib).

The matter of inheritances is serious and complex and cannot be sufficed with a mere . Instead, it must be referred to the courts to investigate the heirs, wills, debts, and other rights.

Summarized from the full answer at Ftawy · imported

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Where this answer came from
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Ftawy
Original fatwa ID
108622
Imported
Translation status
Source text, unreviewed
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