Question:
Do a man’s sister’s son inherit his property if:
1) he has only daughters;
2) he has a son and daughter; or
3) he has only sons.
Jazak Allah Khair.
Answer:
Shaykh Muhammad Azlan bin Abdullateef (Selangor, Malaysia) replies:
The son of the sister of the deceased does not inherit by “furudh“, only
that he is considered as “dzawil arham” who can inherit if the “ashabul
furudh” are all deceased or after the inheritance is divided between the
“ashabul furudh” there are still leftovers which are then divided among
the “dzawil arham“.
In the case mentioned, the nephew of the deceased would get nothing as
all would be divided to the “furudh” i.e. the sons and daughters. In the
case of daughters only, depending on how many daughters, there may be
leftovers. The other ashab furudh would take precedence. In the event
there are no other ashab furudh then only the dzawil arham are
considered.
Hajj Gibril Haddad
