How is the estate divided between two paternal cousins, one of whom is a uterine brother (*akh li-umm*)?
General Chapter
Al-Mughni
Book of Inheritance Shares (Farā'id)
Primary text
When the deceased leaves two paternal cousins, one of whom is a uterine brother, the estate is divided equally between them in halves. This is the opinion of the majority of jurists, supported by narrations from Umar, Ali, Zayd, and Ibn Abbas. Abu Hanifa, Malik, and Al-Shafi'i follow this view. The evidence relies on the principle that the share designated to the uterine brother, which is the one-sixth designation when there is no residuary claim, does not serve as a basis for preference (*tarjih*), unlike a full brother or paternal cousin from both parents who derives preference from being a full relative, not merely from a maternal connection that mandates a fixed share.
Supporting text
Ibn Mas'ud held that the entire estate belongs to the one who is a uterine brother, supported by Sharih, Al-Hasan, Ibn Sirin, 'Ata', Al-Nakha'i, and Abu Thawr. They argue that since the other is preferred due to full lineage (both parents), the uterine connection should take precedence over the single-parent paternal connection, similar to how a full brother is preferred over a paternal half-brother.