Can the sons of a deceased man inherit from their uncle upon his death?

Question

My uncle died. He has one wife, 3 sisters, and 3 nephews and one niece from his deceased brothers. Do the nephews inherit? If so, how much.

Mufti Ebrahim Desai · Accepted Answer

At the outset, it must be pointed out that the heirs of an Estate may only be determined upon one's demise.

According to the Islamic Law of Succession and Inheritance, distribution of an Estate will only commence after funeral expenses, debts and bequests (if any) made to non-heirs - which will not exceed one-third (1/3) of the Estate after debts and funeral expenses - have been settled. Thereafter, all assets form part of the Net Estate and will have to be distributed according to the Islamic Law of Succession and Inheritance.

The estate will be divided into 36 equal shares and distributed as follows: Wife receives 9 shares, each sister receives 8 shares and each nephew receives 1 share.

The niece does not inherit.

and Allah Ta'ala Knows Best

Mufti Ebrahim Desai

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