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The question

Do the children of deceased full siblings (males and females) inherit from their brother who died without a direct heir, when there is a living full brother who has sons and daughters?

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

If the deceased has no heirs other than those mentioned, then if the sole remaining brother is a full brother (shaqiq) or a paternal brother (li-ab), he alone inherits from the deceased and blocks the nephews (sons of brothers). However, if the remaining brother is only a maternal brother (li-umm), he inherits one-sixth by specific share (fard), according to the Almighty’s saying: "And if a man or a woman leaves neither parents nor children but has a brother or a sister, then for each of them is one-sixth." The remainder goes to the closest male 'asabah (agnate), who in this case are the sons of the full brothers. The daughters of the brother and their children do not inherit because they are from among dhawu al-arham (relatives by blood but not by specific shares or agnatic ties), based on the Prophet's (peace be upon him) saying: "Give the prescribed shares to their rightful recipients, then whatever remains is for the closest male." It is necessary to consult the Sharia courts regarding inheritance matters to safeguard everyone's interests.

Summarized from the full answer at Ftawy · imported

Read the full answer on Ftawy
Source platform
Ftawy
Original fatwa ID
67586
Imported
Translation status
Source text, unreviewed
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