Inheritance Case: Wife, Nephew, Niece, and Maternal Cousins
Source: Fatawa Rashidiyyah, p. 651
Question:
Haji Muhammad Khan passed away, leaving behind:
- one wife,
- one nephew,
- one niece (from another mother),
- and two maternal cousins (sons of maternal uncles).
How will the inheritance be distributed according to Shari‘ah?
Preliminary Steps
- Funeral and burial expenses are to be covered.
- Any debts must be paid.
- Any valid will (within one-third of the estate) must be executed.
- The remaining estate is distributed among the heirs according to Islamic inheritance law.
Division of Inheritance
Deceased: Haji Muhammad Khan
Total Estate: 100 (or 1 Rupee)
Shares:
- Wife: 1/4 = 25% (25 rupees)
- Nephew (as residuary): 75% (75 rupees)
- Niece (from another mother): Excluded
- Two maternal cousins: Excluded
Final Distribution:| Heir | Share % | Notes |
|---|---|---|
| Wife | 25% | Fixed share (1/4) |
| Nephew | 75% | Residuary |
| Niece | 0% | Excluded |
| Maternal cousins | 0% | Excluded |
Conclusion:
Only the wife and the nephew inherit. The wife receives one-fourth, and the nephew, as a residuary, receives the remainder (three-fourths).
والله أعلم بالصواب
