What is the scope of kinship when the ruling follows the narration that includes all those named as relatives?

General Chapter

Al-Mughni

Book of Bequests

Book 31 · Issue 6 · Bab 1

Open in Qurani

Primary text

If the ruling adopts the narration which interprets kinship broadly to include everyone who can be named a relative, then the maternal uncles and their relatives, maternal aunts, the mother's ascendants, and their children are included. This includes all those known by the name of kinship.

Supporting text

According to the narration preferred by Al-Kharqi within the Madhhab of Ahmad, kinship is restricted to the descendants of fathers. Therefore, maternal uncles and their kin are excluded, because those not considered kin in the primary sense cannot be the nearest kin. Under this view, the bequest extends only to those closest among the testator's children and the descendants of his fathers up to four generations, not exceeding that limit, based on the Prophet's limitation regarding the share of relatives (dhuwi al-qurba) extending only to Banu Hashim.