Question:
My husband’s maternal uncle was a kalala. His parents, wife, three sisters, and one brother had all died during his lifetime. Now, after his death, four nephews (sisters’ sons), seven nieces (sisters’ daughters), four nieces (brothers’ daughters), and three nephews (brothers’ sons) are alive as heirs. How will his property be distributed?
Answer by Fadilat al-Baahith Dawud Ismail (may Allah preserve him)
Definition of Kalala:
◄ A kalala is a person who leaves no surviving son, daughter, or father.
◄ In the present case, since the deceased’s parents, wife, sisters, and brothers have also died, the property will be distributed among those relatives who are recognised as heirs under Shariah.
Shariah Status of the Heirs:
◄ Nephews (sons of brothers) are Shariah heirs and will receive the property.
◄ Nephews (sons of sisters), nieces (daughters of sisters), and nieces (daughters of brothers) are not Shariah heirs, so they will not receive any share of the property.
Distribution of the Property:
◄ The entire property will be distributed among the three nephews, because they are ‘asaba under Shariah (close male relatives).
◄ The nieces (daughters of brothers), nephews (sons of sisters), and nieces (daughters of sisters) will not become heirs.
Summary:
◄ Only the nephews (sons of the brother) will be heirs, and the property will be distributed among them.
◄ The nephews (sons of sisters), nieces (daughters of sisters), and nieces (daughters of brothers) are not Shariah heirs.
