What is the legal ruling regarding the inheritance rights of uterine siblings (siblings from the same mother) in the presence of a child, a son's child, a father, or a paternal grandfather?
General Chapter
Al-Mughni
Book of Inheritance Shares (Farā'id)
Primary text
Uterine siblings, male or female, are excluded from inheritance by four categories: the child, the son's child (descending), the father, and the father's father (grandfather) ascending. The scholarly consensus is absolute on this matter. The legal basis for this is the verse concerning *Kalalah* where full or paternal siblings are mentioned, Quran 4:12, which the scholars interpret by consensus to apply to uterine siblings when the conditions of *Kalalah* (no descendant, no ascendant) are met for their entitlement to a share.
Supporting text
A rare opinion attributed to Ibn Abbas suggests that when a deceased leaves a mother, a father, and two uterine brothers, the mother takes one-third, and the two uterine brothers take one-third, with the remainder going to someone else (or that the brothers take one-third of the remainder). This view is deemed extremely distant and contradictory, especially since it is reported that Ibn Abbas himself invalidated inheritance for all siblings when a grandfather is present, making it inconsistent to allow uterine siblings to inherit alongside the father.