A man passed away leaving a full sister and paternal uncles’ children
Question
A man passed away leaving behind one full sister, three sons of a full paternal uncle, the children of another full paternal uncle (six males and one female), a son of a full paternal uncle, and another son of a full paternal uncle. The deceased left no other heirs other than those mentioned or any descendant entitled to an obligatory bequest. What is the share of each heir?
Answer
As the heirs are only those mentioned above, their respective shares are as follows:
- The full sister receives one-half of the estate as an obligatory share (farḍ) due to the absence of other full brothers or sisters, of an heir to eliminate her, and of a co-universal heir.
- The sons of the deceased’s full paternal uncles jointly receive the remaining half of the estate, in equal shares, as universal heirs (‘aṣaba), distributed among them as though they were all sons of a single full paternal uncle. This is due to the absence of any other heir eligible to receive an obligatory share and of a closer universal heir.
- The daughter of the deceased’s full paternal uncle receives nothing, as she is an extended family member (dhawu al-arḥam), whose share is deferred until after those entitled to receive obligatory shares and after universal heirs have received theirs.
And Allah the Almighty knows best.
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