6829 – 0058
Question:
Does a sister inherit from a deceased brother who had no children and wife is also deceased.
The relationship between the deceased brother and the sister is from one Father but 2 mothers.
Jazakallah Khair
Answer:
As salām ʿalaikum wa raḥmatullāhī wa barakātuhū
In the Name of Allāh, the Most Gracious, the Most Merciful.
DISCLAIMER
- The Shariah ruling herein given is based specifically on the question posed and should be read in conjunction with the question.
- Madrasah Urwah bears no responsibility to any party who may or may not act on this answer and is being hereby exempted from loss or damage howsoever caused.
- This answer may not be used as evidence in any Court of Law without prior written consent of the Madrasah
According to the Islamic Law of Succession and Inheritance, distribution of an estate will only commence after funeral expenses, debts (including legal costs) and bequests (if any) made to non-heirs – which will not exceed one-third (1/3) of the Estate after debts and funeral expenses have been settled. Thereafter, all assets form part of the Nett Estate and will have to be distributed according to the Islamic Law of Succession and Inheritance.
Please refer to the table on the next page which details the shares of a paternal sister.
| Paternal Sister (6 Conditions) | 1 | Stipulated | 1/2 | When the deceased leaves one paternal sister and no full brother, no full sister, no paternal brother, no father, no paternal grandfather, and no children i.e., no son, no daughter, and no son’s son how low so ever |
| 2 | Stipulated | 2/3 | When the deceased leaves two or more paternal sisters and no full brother, no full sister, no paternal brother, no father, no paternal grandfather, and no children i.e., no son, no daughter, and no son’s son how low so ever | |
| 3 | Stipulated | 1/6 | When the deceased leaves a paternal sister and a full sister and no full brother, no paternal brother, no father, no paternal grandfather, and no children i.e., no son, no daughter, and no son’s son how low so ever | |
| 4 | Residue with Someone Else | Remainder of the Daughter and Paternal Granddaughter | When the deceased leaves a paternal sister and a daughter or paternal granddaughter and no paternal brother, no full brother, no full sister, no father, no paternal grandfather, and no male children | |
| 5 | Residue Through Someone Else | 1/2 of paternal brother’s share | When the deceased leaves a paternal sister and a paternal brother and no full brother, no father, no paternal grandfather, and no male children | |
| 6 | Deprived | When the deceased leaves a paternal sister and: a) a full brother or b) a full sister who is ʿasabah or c) two full sisters and no paternal brother or d) a father or a paternal grandfather or male children | ||
Do not hesitate to contact us if more clarity is required.
And Allāh Taʿālā knows best.