How is preference determined among relatives of the same degree?

General Chapter

Al-Mughni

Book of Bequests

Book 31 · Issue 5 · Bab 1

Open in Qurani

Primary text

When degrees of closeness are equal, the son of both parents (full sibling) is preferred over the son of the father only. Following this, paternal uncles are preferred, and then their descendants, no matter how far removed. The paternal uncle through the father and the paternal uncle through the mother are considered equal, as are their respective children, according to this established order.

Supporting text

This sequence is the established position within the Madhhab of Imam Ahmad and is also the view of Imam Shafi'i, except that Imam Shafi'i includes the descendants of sisters and maternal aunts/uncles.