❖ Islamic Ruling on Inheritance Share of a Paternal Cousin ❖
Question:
In a village, a man passed away without ever marrying. He owned a house. Will this house be inherited by his paternal cousin (چچا زاد بھائی), or does it go to someone else?
Answer by: Fadhilat al-‘Ālim Khidr Hayat (حفظه الله)
If the deceased's paternal cousin is the only surviving relative, then all his property will be inherited by this cousin as an ‘Aṣabah (residuary heir or close male kin), according to Islamic law.
If the deceased has other close relatives, such as:
If there are relatives residing elsewhere, such as in Kashmir or any other region, they must be accounted for, so the division of inheritance may be completed strictly according to Islamic principles.
✔ List and verify all living family members of the deceased.
✔ Consult a qualified Islamic scholar or a recognized Shari‘ah advisor for accurate distribution of the inheritance.
Question:
In a village, a man passed away without ever marrying. He owned a house. Will this house be inherited by his paternal cousin (چچا زاد بھائی), or does it go to someone else?
Answer by: Fadhilat al-‘Ālim Khidr Hayat (حفظه الله)
❖ Principles of Inheritance Distribution in Islam
① Aṣabah (Close Male Relatives):
If the deceased's paternal cousin is the only surviving relative, then all his property will be inherited by this cousin as an ‘Aṣabah (residuary heir or close male kin), according to Islamic law.
② Presence of Other Relatives:
If the deceased has other close relatives, such as:
- Parents
- Siblings
- Other heirs,
then the inheritance will be distributed among all these relatives in accordance with the fixed shares prescribed by Shari‘ah.
③ Missing or Distant Relatives:
If there are relatives residing elsewhere, such as in Kashmir or any other region, they must be accounted for, so the division of inheritance may be completed strictly according to Islamic principles.
❖ Advice for Proper Inheritance Distribution
✔ List and verify all living family members of the deceased.
✔ Consult a qualified Islamic scholar or a recognized Shari‘ah advisor for accurate distribution of the inheritance.
