Which male relatives function as 'Asabah to enforce equal division with sisters?

General Chapter

Al-Mughni

Book of Inheritance Shares (Farā'id)

Book 32 · Issue 1 · Bab 1

Open in Qurani

Primary text

Four male relatives enforce equal distribution with their sisters, preventing the sisters from receiving fixed shares (Fard) and instead sharing the inheritance according to the male receiving a share equal to that of two females (lildhakari mithlu haththi al-unthayayn). These four are the son, the grandson regardless of how far down, the full brother (from both parents), and the brother from the father only. The evidence for the shared inheritance for sons and grandsons is Quran 4:11, and for brothers, it is Quran 4:176. Their joint inheritance is deemed the fairest method because assigning fixed shares to females alongside them might lead to the female receiving preference over the male, equality, or the male being excluded entirely.

Supporting text

All other male agnates (Asabah) inherit the entire estate to the exclusion of their female relatives (sisters), as these female relatives are not entitled to a fixed share (dhatu Fard) nor do they inherit alone.