A deceased woman survived by husband, maternal sister and three paternal cousins
Question
A woman passed away leaving behind a husband, a maternal sister, and three male cousins from a paternal uncle. The deceased left no other heirs besides those mentioned above, nor did she leave any descendant entitled to a mandatory bequest. What is the share of each heir?
Answer
If the case is as mentioned in the question, the estate of the aforementioned woman is to be divided as followed:
- Her husband is entitled to half (1/2) of the estate as an obligatory share (farḍ), due to the absence of any inheriting descendants.
- Her maternal sister is entitled to one-sixth (1/6) of the estate as an obligatory share, as her share is not eliminated by another.
- The three male cousins of her paternal uncle are entitled to the remainder after the allocation of the husband’s and sister’s shares, to be divided equally among them as universal heirs (ʿasabah), due to the absence of other heirs entitled to an obligatory share or a closer universal heir.
And Allah Almighty knows best.
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