Question:
A woman passed away not having any close relative alive.
She outlived her husband, brother, parents and did not have any children.
The closest relatives alive right now are marhooma’s first cousins (consanguine paternal uncle’s sons) and her consanguine paternal aunt.
I believe the first cousins [asaba] will inherit.
Please assist
Answer:
In the Name of Allah, the Most Gracious, the Most Merciful.
As-Salāmu ‘Alaykum Wa-Rahmatullāhi Wa-Barakātuh.
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Respected Brother in Islam,
In accordance with the Shariah Law of Succession and Inheritance, distribution of an estate will only commence after the following responsibilities have been discharged:
- Funeral expenses
- All debts must be paid back to their rightful owners
- All bequests made to non-heirs will be given within one-third of the estate.
After the above expenses have been discharged, then the remaining part of the estate will be distributed.
In the inquired scenario, the consanguine paternal uncle’s sons are ‘Asabah. In the absence of closer heirs, they inherit the entire estate.
The consanguine paternal aunt is from the category of dhawu al-arhām and does not inherit in the presence of ‘Asabah. Therefore, she does not inherit in this case.
Accordingly, the entire estate will be distributed upon the deceased’s consanguine paternal uncle’s sons (first cousins), who will inherit it equally, with each receiving an equal share.
Note: If any other heirs were alive at the time of demise, the distribution may differ.[i]
And Allah Ta’ala Knows Best.
Abdour-Rahmaan Lim Voon Heek
Student Darul Iftaa
Port Louis, Mauritius
Checked and Approved by,
Mufti Muhammad Zakariyya Desai.
Who Inherits When a Woman Passes Away Without Parents, Husband, Children or Siblings?
