Inheritance of the Paternal Paternal Cousins and the Full Paternal Cousins
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Fatwa No. ( 8743 )
Q: One of the elders of our tribe, named Muhammad ibn Muhammad ibn Hudhal, recently passed away and he has no descendant heirs. He does, however, have paternal cousins. Two of them are closer to him; their fathers are brothers of his father on the paternal side only. Each of them is his paternal cousin. He also has the sons of his full paternal cousin, who are one degree lower than
the former. So, does the inheritance by proximity (ta'qib) belong to the paternal cousin or to the sons of the full paternal cousin who are one degree lower? We hope for a quick answer to resolve the dispute. May Allah reward you with good.
A: If the situation is as described, the paternal cousins inherit from him, excluding the sons of the full paternal cousin; because they are closer in degree to him, they block them. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: One of the elders of our tribe, named Muhammad ibn Muhammad ibn Hudhal, recently passed away and he has no descendant heirs. He does, however, have paternal cousins. Two of them are closer to him; their fathers are brothers of his father on the paternal side only. Each of them is his paternal cousin. He also has the sons of his full paternal cousin, who are one degree lower than
the former. So, does the inheritance by proximity (ta'qib) belong to the paternal cousin or to the sons of the full paternal cousin who are one degree lower? We hope for a quick answer to resolve the dispute. May Allah reward you with good.
A: If the situation is as described, the paternal cousins inherit from him, excluding the sons of the full paternal cousin; because they are closer in degree to him, they block them. 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.