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The question

Do the sons of deceased brothers inherit or are they excluded from inheritance in a case where the deceased woman left a husband and two full brothers, and had no children?

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

The nephew does not inherit if there is a brother, whether the brother is a full-brother or a consanguine brother (from the father's side), because the brother totally precludes the nephew. As for the nephew from the mother's side, he is not an heir at all. If the deceased has a brother from the mother's side, he is among the Ashab al-Furud (those entitled to fixed shares) and does not preclude the full-brother's son or the consanguine brother's son. If a woman dies leaving a husband and two full-brothers and no other heirs, the husband receives half, and the two full-brothers receive the remaining half by 'asabah (residuary inheritance). It is necessary to refer to the Sharia courts or scholars to ascertain the heirs and confirm the absence of any wills or debts.

Summarized from the full answer at Ftawy · imported

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Source platform
Ftawy
Original fatwa ID
177657
Imported
Translation status
Source text, unreviewed
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