Are the daughter of a sister, the maternal uncle, and the maternal aunt among the relatives who inherit, or not?
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The questioner : A man died leaving behind a wife, and he did not have any children from her. He has a sister’s daughter. Does this daughter inherit from her maternal uncle, given that the daughter’s mother died before her brother, i.e., the deceased?
Also, does the son of the maternal uncle who died inherit, and likewise the daughter of the maternal aunt?
The Shaykh : The maternal uncle, the maternal aunt, the son of the maternal uncle, the son of the maternal aunt, the daughter of the maternal uncle, and the daughter of the maternal aunt: all of these are among the relatives by blood (dhawi al-aram). They do not inherit unless there is no heir with a fixed share (fard) and no residuary heir (asabah). If there is an heir with a fixed share, they have no inheritance, and the surplus after the fixed shares remains for each heir with a fixed share according to their share. As for the residuary heir, the surplus after the fixed shares belongs to the residuary heirs, and there is no need for the relatives by blood in what the deceased left behind, except if only they exist. If only the relatives by blood exist, they inherit, though there is disagreement among scholars regarding how they are to be inherited from: whether it is by degree of kinship or by distribution, and whether the kinship is by degree of rank or by direction. There is disagreement among scholars on this, because there is no detailed specification in the Sunnah regarding the inheritance of relatives by blood. However, the scholars placed them in the position of what they are connected by, and this view is the closest to the truth: that they are placed in the position of what they are connected by.
Also, does the son of the maternal uncle who died inherit, and likewise the daughter of the maternal aunt?
The Shaykh : The maternal uncle, the maternal aunt, the son of the maternal uncle, the son of the maternal aunt, the daughter of the maternal uncle, and the daughter of the maternal aunt: all of these are among the relatives by blood (dhawi al-aram). They do not inherit unless there is no heir with a fixed share (fard) and no residuary heir (asabah). If there is an heir with a fixed share, they have no inheritance, and the surplus after the fixed shares remains for each heir with a fixed share according to their share. As for the residuary heir, the surplus after the fixed shares belongs to the residuary heirs, and there is no need for the relatives by blood in what the deceased left behind, except if only they exist. If only the relatives by blood exist, they inherit, though there is disagreement among scholars regarding how they are to be inherited from: whether it is by degree of kinship or by distribution, and whether the kinship is by degree of rank or by direction. There is disagreement among scholars on this, because there is no detailed specification in the Sunnah regarding the inheritance of relatives by blood. However, the scholars placed them in the position of what they are connected by, and this view is the closest to the truth: that they are placed in the position of what they are connected by.