How is the estate divided between the son of a paternal cousin (Ibn Ibn 'Amm) who is also a uterine brother (Akh li-Umm) and another son of a paternal cousin?

General Chapter

Al-Mughni

Book of Inheritance Shares (Farā'id)

Book 32 · Issue 1 · Bab 1

Open in Qurani

Primary text

When a deceased leaves a son of a paternal cousin who is also a uterine brother, and another son of a paternal cousin, the uterine brother receives one-sixth (Al-Sudus), and the remainder is divided between them. This is the position generally held. However, according to Ibn Mas'ud, the entire remainder goes to the uterine brother, and the other paternal cousin inherits nothing.

Supporting text

If one of the cousins is the son of a uterine brother (Ibn Akh li-Umm), he inherits nothing due to the brotherhood relation, as the son of a uterine brother is considered among the Dhawi Al-Arham (distant kindred). If one of the paternal cousins is a maternal uncle (Khāl), he is not given precedence based on his maternal kinship.