Only the brother's sons should inherit their mentioned paternal uncle without the females


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Q: I would like to inform Your Eminence that our paternal uncle died in 1417 A. H. (Part No. 11; Page No. 311) His lawful inheritance was to pass only to us, the sons of his paternal half-brother, i.e., `Aly and Muhammad, to the exclusion of our sisters. A legal document outlining this was issued under no. (9/3/98) on 04.05.1419 A.H. But our sisters continue to insist that they are also entitled to inherit from our uncle. Desiring to mend the fence between us and our sisters, we would like Your Eminence (may Allah safeguard you) to clarify for them the truth about this case of inheritance. May Allah make you successful in conciliating between family members and reuniting them according to the true Shari`ah (Islamic law). May Allah safeguard you.


A: After scrutinizing the relative legal document of inheritance for determining the heirs of the deceased (`. M. S. `.), it is determined that his legacy is to be distributed only between the two sons of his brother (H. M. S. `.). The property inherited from the deceased is agnatically confined to them; the legacy is to be distributed equally between both of them. Their sisters are not entitled to any share in the inheritance, because they are of Dhawy Al-Arham (heirs connected through the female blood relatives).May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.




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