The Daughters of the Full Brother do not Inherit from the Deceased Uncle When There are Males
Question :
A man was taken by Allah and he did not have a wife, nor any descendants but he has nephews and nieces from his full brother who died previously. Do the children of the brother males and female inherit from their deceased uncle?
Answer:
If the situation is as mentioned by the questioner, then the whole of the inheritance is for the sons of the full brother, without the daughters, according to the consensus of the Muslims, based upon the words of the Prophet:
"Pay Al-Fara'idh to those who have the right to it, and regarding what remains, it is for the most deserving male."
And since the daughters of the brother are not from those with a right to Al-Fara'idh, nor Al-'Asabah, but from those kindred by blood, according to the consensus of the scholars.
Source:
Ibn Baz
Fatawa Islamiyah, Vol. 5 Page 90
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