Subject: Clarity in inheritance of a man with daughters only
A man passed away leaving daughters but no sons, and his wife had died before him. Are his nephews entitled to inherit?
The Questioner
Zaffar Hassan
Jul 19, 2025
CODE :Sha61
- Answered by Abdul Malik Hudawi
- Sep 23, 2026
Wa ʿalaykum al-salām wa raḥmatullāhi wa barakātuh.
All praise is due to Allah, and may His blessings and peace be upon His Messenger ﷺ, his family, and his Companions.
According to the Shāfiʿī school, certain nephews may inherit alongside daughters, but their entitlement depends on their relationship to the deceased and the other surviving heirs. Having no sons does not automatically mean that the nephews inherit.
When there is no son, one daughter’s prescribed share is one-half, while two or more daughters share two-thirds equally, as established in Sūrah al-Nisāʾ (4:11). These are their prescribed shares; the final distribution requires consideration of all eligible heirs.
A full brother’s son or a paternal half-brother’s son may receive the remainder as a residuary heir (ʿaṣabah). However, relatives such as the deceased’s father, paternal grandfather, son’s son, full brother, or paternal half-brother exclude these nephews. At the same degree, a full brother’s son also takes precedence over a paternal half-brother’s son. Ibn Ḥajar al-Haytamī explains these exclusions in Tuḥfat al-Muḥtāj, vol. 6, p. 398.
The deceased’s sisters must also be considered. An eligible full sister or paternal half-sister becomes a residuary heir alongside daughters and, in that capacity, excludes nephews. This is explained in Tuḥfat al-Muḥtāj, vol. 6, p. 407. A sister’s son or maternal half-brother’s son does not have the same residuary entitlement as a full or paternal half-brother’s son.
For example, if the only surviving heirs are two daughters and two full brothers’ sons, the daughters receive two-thirds collectively—one-third each—and the nephews share the remaining third—one-sixth each. This example does not apply if other eligible heirs are present.
Since the wife died before her husband, she does not inherit from his estate.
Please approach a qualified scholar specialising in Islamic inheritance or a recognised fatwa centre before distributing the property. Provide a complete list of relatives alive at the time of death, including the exact relationship of each nephew. The scholar should also establish what property actually belonged to the deceased and account for funeral expenses, outstanding debts, and valid bequests before calculating the heirs’ shares. This will help ensure that every entitled person receives their rightful portion.
Allah knows best.
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