Q:
An eighty year old man died
without leaving any parents, wife, children, siblings, etc. However, one of the concerned man's deceased brothers left sons and daughters and another left daughters only.Thus the deceased man mentioned above did not leave any relatives other than the children of his two deceased brothers. Please clarify who is entitled to receive the inheritance of this deceased man. Is it to be distributed amongst the males and females of his two deceased brothers, or amongst (Part No. 16; Page No. 534) the males only?Please explain your answer according to the instructions of Shari`ah (Islamic law).
A:
If the reality is exactly as what is mentioned in the question, this deceased man is to be inherited only by the male children of his brothers. This is because the Prophet (peace be upon him) said:
Give the Fara'id (the shares of the inheritance that are prescribed in the Qur'an) to those who are entitled to receive it. Then whatever remains, should be given to the closest male relative of the deceased.
This Hadith provides evidence that a brother's daughter is not entitled to receive any share of inheritance. May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.
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