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Question
Dear Azam Mohammed,

My question is this:
A Muslim man dies.  He divorced his wife. He has no children, his parents passed away.
He has 3 sisters, 2 nephews and 4 nieces.
Do the nephews and nieces inherit from their uncle,
or do the 3 sisters take it all?
Thanks for your kind reply,
s

Answer
As Salaam Alaikum!

First of all let me inform that the Almighty Allah commanded in the Koran that for a Muslim to
address another Muslim whenever they see or talk or write to each other to start with a "As Salaam Alaikum".

As per the situation you have written, the 3 sisters inherits 1/3rd share each of whatever the
deceased brother left behind after clearing any loans that the deceased brother has, since he
has divorced his wife.

Am reproducing below the verses pertaining to your question and it is better that the deceased
surviving sisters only inherits and in turn let them distribute it the way they want to their
children during their life time.

Women's Inheritance Rights
4:7
The men get a share of what the parents and the relatives leave behind. The women too shall get a share of what the parents and relatives leave behind. Whether it is a small or a large inheritance, (the women must get) a definite share.
4:8
During distribution of the inheritances, if relatives, orphans, and needy persons are present, you shall give them therefrom, and treat them kindly.
4:11
God decrees a will for the benefit of your children; the male gets twice the share of the female.* If the inheritors are only women, more than two, they get two-thirds of what is bequeathed. If only one daughter is left, she gets one-half. The parents of the deceased get one-sixth of the inheritance each, if the deceased has left any children. If he left no children, and his parents are the only inheritors, the mother gets one-third. If he has siblings, then the mother gets one-sixth. All this, after fulfilling any will* the deceased has left, and after paying off all debts. When it comes to your parents and your children, you do not know which of them is really the best to you and the most beneficial. This is God's law. God is Omniscient, Most Wise.
4:12
You get half of what your wives leave behind, if they had no children. If they had children, you get one-fourth of what they leave. All this, after fulfilling any will they had left, and after paying off all debts. They get one-fourth of what you leave behind, if you had no children. If you had children, they get one-eighth of what you bequeath. All this, after fulfilling any will you had left, and after paying off all debts. If the deceased man or woman was a loner, and leaves two siblings, male or female, each of them gets one-sixth of the inheritance. If there are more siblings, then they equally share one-third of the inheritance. All this, after fulfilling any will, and after paying off all debts, so that no one is hurt. This is a will decreed by God. God is Omniscient, Clement.
4:33
For each of you, we have designated shares from the inheritance left by the parents and the relatives. Also those related to you through marriage, you shall give them their due share. God witnesses all things.
4:176
They consult you; say, "God advises you concerning the single person. If one dies and leaves no children, and he had a sister, she gets half the inheritance. If she dies first, he inherits from her, if she left no children. If there were two sisters, they get two-thirds of the inheritance. If the siblings are men and women, the male gets twice the share of the female." God thus clarifies for you, lest you go astray. God is fully aware of all things.

May the Almighty Allah have mercy on us to forgive our sins and guide us all to the true path of Islam as per the Koran for rest of our life.

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Azam Mohammaed

Expertise

I try to clarify doubts logically with Koran's guidance

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Mashallah 18 years since I got married to my wife who is a Protestant Christian by faith

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ITC Limited ABD-ILTD Division

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Bachelor of Commerce

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