What do the scholars of the Din and muftis of the Sacred Law state regarding the following issue: One of my brothers has passed away and is survived by his wife, sons and daughters. In such a scenario, am I eligible to receive a share from the inheritance left behind by him?
Questioner: Sister from UK
بسم اللہ الرحمن الرحیم
الجواب بعون الملک الوھاب اللھم ھدایۃ الحق والصواب
In this case, the woman will not get any share from the inheritance left behind by her brother. When the deceased is survived by his father, grandfather, son or grandson, then his sister will be mahjub, i.e. she will not inherit anything. The entire inheritance left behind by him will be distributed among his wife, sons and daughters.
It is mentioned in al-Fatawa al-Hindiyyah:
وَيَسْقُطُ الْإِخْوَةُ وَالْأَخَوَاتُ بِالِابْنِ وَابْنِ الِابْنِ وَإِنْ سَفَلَ وَبِالْأَبِ بِالِاتِّفَاقِ وَبِالْجَدِّ عِنْدَ أَبِي حَنِيفَةَ رَحِمَهُ اللَّهُ تَعَالَى
Translation: “Siblings will be disallowed from inheriting due to the deceased’s son or grandson and so on, and also due to the father, which is agreed upon, and due to the grandfather as Imam Abu Hanifa (may Allah ﷻ have mercy upon him) opines.”
[al-Fatawa al-Hindiyyah, vol. 6, pg. 450]
It is mentioned in Bahar-e Shari’at: “Full or consanguine siblings will be deprived of inheritance due to the son, grandson and so on, and due to the father, which is an agreed upon position. According to Imam Abu Hanifa (may Allah ﷻ have mercy upon him), they are deprived due to the grandfather as well. This is a position according to which rulings are passed.”
[Bahar-e Shari’at, vol. 3, pg. 1126]
واللہ تعالی اعلم ورسولہ اعلم صلی اللہ علیہ وآلہ وسلم
کتبہ ابو الحسن محمد قاسم ضیاء قادری
Answered by Mufti Qasim Zia al-Qadiri
Translated by the SeekersPath Team
Read the original Urdu answer here: [Q-ID0693] My deceased brother left behind a Wife and children – am I entitled to anything from the inheritance being his sister?