The brother's sons inherit from their paternal uncle mentioned, to the exclusion of the females
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Fatwa number ( 20949 )
Q: We inform Your Eminence that our paternal uncle, our father's brother on the father's side, passed away in the year 1417 AH
and his legal inheritance was restricted to us, his brother's sons on the father's side (Ali and Muhammad), to the exclusion of our sisters. A legal document was issued to that effect, number (98\3\9), dated 4\5\1419 AH. However, our sisters continue to insist that they have a right—inheritance—in the aforementioned paternal uncle. In our desire to reconcile between us and our sisters, we would like Your Eminence, may Allah preserve you, to clarify the truth to them fully regarding this inheritance matter. May Allah guide you in reconciling the two parties and bringing the family members together in accordance with the pure Shari'ah, may Allah preserve you.
A: After reviewing the legal document restricting the heirs and determining that the inheritance of (A. M. S. A.) was restricted to his full brother's sons (H. M. S. A.), the wealth belongs to them as residuary heirs, divided equally between them, and their sisters have no share; because they are from the people of kinship (dhaw al-aram). And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: We inform Your Eminence that our paternal uncle, our father's brother on the father's side, passed away in the year 1417 AH
and his legal inheritance was restricted to us, his brother's sons on the father's side (Ali and Muhammad), to the exclusion of our sisters. A legal document was issued to that effect, number (98\3\9), dated 4\5\1419 AH. However, our sisters continue to insist that they have a right—inheritance—in the aforementioned paternal uncle. In our desire to reconcile between us and our sisters, we would like Your Eminence, may Allah preserve you, to clarify the truth to them fully regarding this inheritance matter. May Allah guide you in reconciling the two parties and bringing the family members together in accordance with the pure Shari'ah, may Allah preserve you.
A: After reviewing the legal document restricting the heirs and determining that the inheritance of (A. M. S. A.) was restricted to his full brother's sons (H. M. S. A.), the wealth belongs to them as residuary heirs, divided equally between them, and their sisters have no share; because they are from the people of kinship (dhaw al-aram). And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.
