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Fatawaa


Subject : Paternal Cousin is more Entitled to Inheritance than Daughter`s Son

Fatwa Number : 848

Date : 15-07-2010

Classified : "Wills and Obligations"in Inheritance

Fatwa Type : Search Fatawaa


Question :

A man died leaving one daughter who has only one son. Do her paternal cousins inherit her father despite the fact that she has a son?



The Answer :

All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon Prophet Mohammad and upon all his family and companions.

Daughter`s son isn`t a paternal relative who has a prescribed share of inheritance nor inherits by Ta`seeb (By virtue of having a paternal relation with the deceased and not having an allotted share, so he gets what is left after the allotted shares have been distributed). As for the paternal cousins, they get what is left after the prescribed shares have been distributed. However, if there are no heirs with prescribed shares, then the paternal cousins get all the estate.

It is stated in the text of the book "Al-Minhaj": "According to scholarly consensus, ten paternal relatives are entitled to inheritance: the son; his son and so on downwards. The father; his father and so on upwards. The brother, his son; except the son of the brother from mother`s side. The paternal uncle except father`s brother from mother`s side and his son. The Husband and the freed slave."

Based on the above, the inheritance must be divided as follows: The daughter gets half the estate and the rest is divided equally among the deceased's paternal cousins. In all cases, you (asker) should go to a Sharia judge to divide the shares according to the rules of inheritance stipulated by Sharia. And Allah the Almighty knows best.






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