Non heirs

Non-heirs are those relatives not entitled to any part of the deceased’s estate. They include:

1. Daughter’s sons and daughters and their descendants.
They will inherit through their father’s (daughter’s husband’s) line only. Their mother’s line is cognate.

2. Sister’s sons and daughters and their descendants.
This refers to all the three types of sisters: full, consanguine and uterine. Their children will inherit through their father’s line only as the case with daughter’s children.

3. Daughters of full brother.
4. Daughters of consanguine brother.
5. Daughters of full brother’s son.
6. Daughters of consanguine brother’s son
7. Sons and daughters of uterine brother.
8. Sons and daughters of uterine sister.
9. Daughters of full paternal uncle.
10. Daughters of half paternal uncle.
11. Daughters of full paternal uncle’s son.
12. Daughters of half paternal uncle’s son.
14. Paternal aunt, her children and their descendants.
15. Maternal uncle, his children and their descendants.
16. Maternal aunt, her children and their descendants.

17. Maternal grandfather’s mother.
Given that maternal grandmother (the wife of maternal grandfather) is an heir in the absence of mother, if the maternal grandmother is also absent, who takes her place? Her mother. Not her husband’s mother. Therefore, maternal grandfather’s mother is a non-heir.

18. Paternal grandmother’s father.
As in (11) above, paternal grandmother is also an heir in the absence of mother; and in her absence, her mother replaces her, not her father.


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Your Questions, Our Answers

We have received a number of emails from those who visited this website or downloaded and read INHERITANCE IN ISLAM. Almost all of them were questions on either aspects of inheritance not covered in the book or clarifications needed regarding specific cases. Hence, we thought it wise to reproduce the emails so that others may benefit as well. As always, we welcome suggestions, criticisms and of course, more questions!

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