Question
Reference number: 912878 | Inheritance, Bequests, Endowment, Personal Status | Sept. 17, 2019
What is the ruling on this issue: a man has died and he had no children, nor had he had his parents alive? He only left his wife and a cousin, specifically, the son of his father’s brother. How will his inheritance be distributed?
Answer
Praise Be to Allah and Peace Be Upon His Messenger.
The money that was left should be distributed fairly after being certain that the deceased one did not have any debts to pay. Once you are sure that the money is all for him, it should be distributed as follows: the wife should get one fourth, and this is obligatory as it is mentioned clearly in the Holy Qur’an. Then the son of his father’s brother should get three fourths. This is because his cousin (specifically, son of his father’s brother) is considered a band or a league in the inheritance, that is, those who inherit without fixed appreciation, or fixed proportion). Their share depends on every situation. (The relative who is a band or league does not have a fixed proportion, and they are not always allowed to inherit. Sometimes they can take a share, some other times, they may not take any share. If there is a proportion for them, it will be the rest of the inheritance. Their proportion is changeable as it is not prescribed in the Holy Qur'an as wives, husbands, children or parents.)