Inheritance Ruling: Shares of Wife, Nephew, and Niece
Reference: Fatāwā Rāshidiyyah, Page 611
❖ Question
What do the esteemed scholars say about this case:
Haji Muhammad Ramzan passed away, leaving as heirs:
◄ One wife
◄ A nephew (from maternal uncle’s side)
◄ A niece (from maternal uncle’s side)
According to Shariah, how should the inheritance be divided among them?
❖ Answer
Al-ḥamdu lillāh, waṣ-ṣalātu was-salāmu ʿalā Rasūlillāh, ammā baʿd!
First, from the deceased’s estate:
➊ Funeral and burial expenses are deducted.
➋ Any debts are repaid.
➌ If there is a valid will, it is executed within the limits of Shariah (up to one-third).
After these, the remaining estate — movable or immovable — is taken as 1 Rupee and distributed among the heirs.
Distribution of Estate (1 Rupee)
◈ Wife → 4 annas
◈ Nephew → 12 annas (as residuary / ʿaṣabah)
◈ Niece → Deprived (since she is through the maternal line and does not inherit in this case)
Decimal / Percentage System
Total Estate = 100 parts
◈ Wife = 25% (¼)
◈ Nephew = 75% (ʿaṣabah)
◈ Niece = Excluded
ھذا ما عندی واللہ أعلم بالصواب
