Stepson not an heir
Fatwa No: 331837

Question

Assalaamu alaykum dear Scholars. My question is the following: I married the widow of my elder brother who had a son. Unfortunately the marriage ended in a divorce after two months. Will my nephew (who is now considered as my son due to my marriage to his mother) get any share from my inheritance upon my death? What responsibilities do I have regarding my nephew (son). Moreover, she has not allowed him to meet my family for the last five years. May Allaah reward you.

Answer

All perfect praise be to Allaah, The Lord of the worlds. I testify that there is none worthy of worship except Allaah and that Muhammad  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) is His slave and Messenger.

Marrying your brother's widow does not make her son (from your brother) your son, but he is a stepson and a nephew; so he has no right to inherit from you – after you die – as if he was your son.

As regards your responsibility towards him, then he is your nephew, he has the right of kinship, so it is an obligation to keep ties with him, and it is forbidden to cut the ties with him. His mother is not allowed to prevent him from keeping ties with his kinship.

Allaah knows best.

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