How is the division of inheritance determined when there are conflicting claims based on acknowledgment (Iqrar) and denial (Inkar)?

Chapter on Distant Kindred (Dhawu al-Arham)

Al-Mughni

Book of Inheritance Shares (Farā'id)

Book 32 · Issue 1 · Bab 5

Open in Qurani

Primary text

When a conflict arises between an acknowledgment (Iqrar) and a denial (Inkar) regarding an inheritance claim, the amounts due in the issue of acknowledgment are multiplied by the amounts due in the issue of denial, and vice versa. The resulting common factor between these two products constitutes the excess amount (Al-Fadl) belonging to the acknowledged party. If there is no excess amount remaining in the hands of the acknowledging party after accounting for the denial scenario, the acknowledged party receives nothing. This principle applies when an uterine brother acknowledges another uterine sibling; the acknowledged party receives nothing because the claim involves someone whose share is contingent upon others.

Supporting text

Abu Hanifa holds a different view regarding an uterine brother acknowledgment, stating the acknowledged party receives half of what is in the hand of the ackowledger. If the acknowledgment is made regarding a full brother (brother by both parents), the acknowledged party receives seven-sevenths of what is in the hand of the ackowledger.