Two uncles and one aunt died leaving one sister and other nephews and nieces

12-2-2007 | IslamWeb

Question:

My two paternal uncle and one paternal aunt died. They do not have parents and they were not married. I have one paternal aunt she took all their inheritance. I have brothers and sisters can we have any right in their inheritance? Please answer me as soon as possible.

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Answer:

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad is His slave and Messenger. We ask Allaah to exalt his mention as well as that of his family and all his companions.

 

If the uncles who died left a full sister, or a sister from the father's side only, then she is entitled for half of the inheritance as Allaah Says (what means): {If it is a man that dies, leaving a sister, but no child, she shall have half the inheritance.}[Quran 4:176]. Her nearest male relatives shall take the rest of the inheritance, like her nephews from her brother. The evidence about this is that the Prophet said: "Give the prescribed share of inheritance to those who are liable for it and the remainder [of it] is for the nearest male blood relative."  [Al-Bukhari and Muslim]

The daughters of the brother (i.e. nieces from brother's side) have no right in the inheritance. 

Allaah Knows best.