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Thursday, March 14, 2013

She died and left behind two daughters, asister and a nephew (brother’s son).

Dought & clear, - A lady died and left behind some money. Shehad two
daughters, a sister and a nephew (brother's son). How should the
wealth be shared out between them?
Praise be to Allah.
If a woman dies and leaves behind two daughters, a sister and a nephew
(brother's son), the estate is to be divided as follows:
The two daughters get two-thirds, each one getting one third, because
Allah, may He beexalted, says (interpretation of the meaning): "if
(there are) only daughters, two or more, their share is two thirds of
the inheritance" [an-Nisa' 4:11].
The sister gets the remainder of the inheritance on the basis that she
is a relative through the father.
The nephew (brother's son) does not get anything.
Shaykh 'Abd ar-Rahmaanas-Sa'di said: If there is anything left after
the daughters have taken their share, it should be given to the
sisters, and they should not be overlooked in favour of relatives on
the father's side who are more distantly related than them, such as a
nephew (brother's son) or paternal uncle.
End quote from Tafseer as-Sa'di, 1/170
And Allah knows best.
Editor and Publisher,Psychologyist at - INDIA

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