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QUESTION: Dear Imam Azam Mohammed,

Dear Imam A. Abraham,
As sallam aleykum!

I have a question to which I got several replies, some controversial.   I hope you can help me.  
This is my question:

A Muslin man dies.   He divorced his wife, has no children and his parents died.
He has 2 nieces from 2 brothers who died before him.
He also has 2 sisters.
Do the 2 nieces inherit from their uncle?
Awaiting your kind reply and thanks in advance.
HT

ANSWER: Wallekum As Salaam!

First of all when you mail question please make sure whether the expert is an expert in that
field or not as you fielded to Mr. A. Abraham who is an expert to answer questions pertaining
to Christianity.

In your previous question you just mentioned nephews & nieces but did not mention through whom & also about the 2 deceased brothers. Please be clear on the surviving members of the deceased
who has the right to inherit.

Yes, the nieces too get their share from their Uncle's property as per the below verses.

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.

---------- FOLLOW-UP ----------

QUESTION: Dear Imam Azam Mohammed,

Salaam Aleykum!

Thank you so much for your valuable reply and for taking so much from your valuable time.

Here I give you once more the exact number of persons who are, acc. to your explanation, entitled to inherit from this Muslim man:

3 sisters, sorry, they are 3, not 2, I apologize
2 nieces, one each from 2 brothers who died before this Muslim man.

Is it possible that you could tell me the percentages (fractions) that each of the legal heirs are entitled to receive?  There are 5 heirs in total, the 3 sisters and the 2 nieces.

This would be a great help, and God bless you!

Best regards and thanks in advance!
HT

ANSWER: Wallekum As Salaam!

As the deceased brother was a divorcee and without children and parents, then the distribution
will be according to chapter 4 and verse 176 of the Koran reproduced below:

From what is left by parents and those nearest related there is a share for men and a share for women, whether the property be small or large,-a determinate share.

Rashad Khalifa translation
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.

Yusuf Ali Translation
Chapter 4
11. Allah (thus# directs you as regards your Children's #Inheritance): to the male, a portion equal to that of two females: if only daughters, two or more, their share is two-thirds of the inheritance; if only one, her share is a half. For parents, a sixth share of the inheritance to each, if the deceased left children; if no children, and the parents are the (only# heirs, the mother has a third; if the deceased Left brothers #or sisters# the mother has a sixth. #The distribution in all cases ('s# after the payment of legacies and debts. Ye know not whether your parents or your children are nearest to you in benefit. These are settled portions ordained by Allah. and Allah is All-knowing, All-wise.

12. In what your wives leave, your share is a half, if they leave no child; but if they leave a child, ye get a fourth; after payment of legacies and debts. In what ye leave, their share is a fourth, if ye leave no child; but if ye leave a child, they get an eighth; after payment of legacies and debts. If the man or woman whose inheritance is in question, has left neither ascendants nor descendants, but has left a brother or a sister, each one of the two gets a sixth; but if more than two, they share in a third; after payment of legacies and debts; so that no loss is caused #to any one#. Thus is it ordained by Allah. and Allah is All-knowing, Most Forbearing.

As per my understanding based on the above verses the deceased's mother gets 1/6, father gets 1/3rd and sibblings and their children will equally share 1/3 of the inheritance amongst them.
share is 1/6. There will be 1/6 share is still left which in my opinion has to distributed as
per financial needs of the deceased's paternal/maternal relatives, friends & amongst the poor
as per below verses.
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.

A very pertinent question crosses our mind as why the Almighty Allah has not given clear cut
injunctions on these matters.

Well the answer I got in my conscience is that the true intentions and generosity/greed of a person will not surface as one will be forced to follow the injunctions fearing judgement day which is also good but being generous & not greedy too will add as a bonus.

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.

---------- FOLLOW-UP ----------

QUESTION: Dear Imam Azam Mohammed,

Assalaam Aleykum,

Thank you so much for your explanations.

Am I right to say that since both fathers of the nieces died,
the nieces move up as first degree heirs, equally to the 3 sisters,
and take over their fathers' inheritance share, which is double of that what a sister gets?

3 sisters:  Each one gets 1 share = 3 shares
2 brothers (died) would have gotten 2 shares each = 4 shares.
As the fathers died, the daughters (nieces) get their shares, each double what a sister gets.

So, whatever this deceased brother left should be devided by 7, each sister gets 1 share, each niece gets 2 shares.

Am I right or wrong?  Or is it just that the sisters determine to their own discretion how much to give the nieces, like a donation or kind of tanazul to them, no clear percentage determined?

Shouldn't there be a Hasser irth done with clear percentages stated?

Thank you so much for all your help and looking forward to your expertise reply, and God Bless You, HT

Answer
Wallekum As Salaam!

In my opinion based on the below verse, both nieces and the 3 sisters shares equally if
anything is left after fulling the will and clearing the debts if any left behind by the
deceased.

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.

Further, if any of the sisters have ever heard their late brother wishes towards charity or
something given to the poor relatives or poor, then it is advisable that part of the deceased
inheritance is spent towards same and whatever balance left is shared among the nieces and the
sisters.

The Almighty Allah is always with those who gives charity willingly that leads to heavenly
abode.

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

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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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