What is the legal definition of 'Al-Kalalah' (those inheriting without direct ascendants or descendants)?
General Chapter
Al-Mughni
Book of Inheritance Shares (Farā'id)
Primary text
The majority opinion holds that Al-Kalalah refers to the heirs who are neither parents nor children of the deceased. Ahmad explicitly stated this, and it is narrated from Abu Bakr As-Siddiq, peace be upon him. Evidence for this view stems from the derivation of the word from 'Ikleel' (wreath) surrounding the head, signifying relatives surrounding the deceased except for the two extremes (parent and child). Al-Walid and Al-Walad are considered the two extremities; when they are absent, the remaining relatives constitute the Kalalah.
Supporting text
A second group maintains that Al-Kalalah refers to the deceased person himself, provided he has no children or parents. This view is narrated from Umar, Ali, and Ibn Mas'ud. A third opinion suggests Al-Kalalah refers specifically to the maternal relatives. Furthermore, it is agreed that the term applies to full or half-siblings regardless of the specific relation.