The scope of a bequest made to the 'sons of brothers' (Bani Ikhwah) or 'sons of paternal uncles' (Bani 'Amm).

Primary text

If a person bequeaths to the 'sons of his brothers' or the 'sons of his paternal uncles,' the bequest applies only to the males, provided they are not considered a tribe (qabilah). The distinction is made because the terms for brothers and uncles ('Ikhwah' and 'Amumah') lack a specific term covering both genders except when used generally, whereas 'Bani Ikhwah' and 'Bani 'Amm' are analogous to terms like 'Bani Fulan' (sons of so-and-so). When the testator deviates from the general term that includes both genders to the specific term implying sons ('Baneen'), it indicates an intent to specify the males. Moreover, the term for uncles ('Amumah') is more analogous to the term for brothers ('Ikhwah').