The Inheritance of a Paternal Brother’s Daughter in the Presence of a Daughter, and the Exclusion of Women from Inheritance

The questioner:
He says: Honorable Shaykh, may Allah grant you success. This is a case that has occurred: a man died leaving behind a wife and a paternal brother’s daughter. The question is: Does the paternal brother’s daughter inherit alongside the daughter, given that there is no male heir?

The Shaykh:
No, the brother’s daughter does not. I mean the sister. The sister inherits alongside the daughter as an asabah with others; they call this “asabah with others.” If there are sisters, whether full sisters or paternal sisters, they take the remainder after the daughter or daughters. This is called “asabah with others.” As for the brother’s daughter, she has no share because she is among the dhawu al-aram (relatives by blood only). The other one, among the dhawu al-aram, has no share. Yes.

The questioner:
In some areas of Yemen, the affliction of not inheriting to daughters and women in general has become widespread.

The Shaykh:
Yes, this is the jahiliyyah (the pre-Islamic age of ignorance). Yes.

The questioner:
And this has been the case for generations that have passed. So what do we do now regarding the generations that have passed if their children claim inheritance? Is it obligatory to give them their shares in this situation?

The Shaykh:
This is for the judges to look into. Yes.