❖ Question:
My husband’s maternal uncle passed away and was a Kalālah. His parents, wife, three sisters, and a brother all died during his lifetime. Now after his death, the surviving relatives include four nephews (sister's sons), seven nieces (sister's daughters), four nieces (brother's daughters), and three nephews (brother’s sons).
How will his estate be divided according to Islamic law?
❖ Answer by: Fadīlat al-Bāḥith Dāwūd Ismāʿīl ḥafiẓahullāh
❖ Definition of Kalālah
◈ A Kalālah is a person who dies without leaving behind a father, son, or daughter.
◈ In this case, since the deceased's parents, wife, siblings, and children had all passed away before him, his inheritance is to be distributed only among those relatives who qualify as Sharʿī heirs.
❖ Sharʿī Status of the Surviving Relatives
✔ Nephews (brother’s sons) are considered Sharʿī heirs and are entitled to inherit as ʿaṣabah (residuary heirs).
✘ Nephews and nieces from sisters, as well as nieces from brothers, are not Sharʿī heirs under the prescribed laws of inheritance and hence do not receive a share.
❖ Division of the Estate
✔ The entire estate shall be divided equally among the three surviving paternal nephews (brother's sons), as they are the closest male agnates (ʿaṣabah).
✘ Sister’s sons and daughters, and brother’s daughters, will not inherit anything from the estate as per Islamic law.
❖ Summary
① The only heirs in this case are the three paternal nephews (brother’s sons).
② Maternal nephews and nieces, and paternal nieces, do not inherit in the presence of closer male ʿaṣabah.
③ The entire estate will be divided equally among the three eligible nephews.
Note: It is always advised to consult a qualified Mufti or Islamic scholar with all family details and documentation for precise execution of the inheritance.
May Allah ﷻ grant us the ability to uphold His laws and ensure justice in matters of inheritance.
