What is the method of inheritance prescribed by Abu Hanifa and his companions for Dhawi al-Arham?

Chapter on Distant Kindred (Dhawu al-Arham)

Al-Mughni

Book of Inheritance Shares (Farā'id)

Book 32 · Issue 4 · Bab 5

Open in Qurani

Primary text

Abu Hanifa and his companions inherited through them based on the sequence of residuaries ('asabat). They prioritize those related as descendants of the deceased (no matter how low), then descendants of the deceased's parents or one of them (no matter how low), and so on perpetually. A higher degree relative (e.g., son of a paternal grandfather) does not inherit if a closer relative (e.g., daughter of the paternal grandfather) exists, even if the closer relative is lower in degree. Furthermore, Abu Hanifa ruled that the maternal grandfather, no matter how high up, takes precedence over the descendants of daughters. This approach is termed the 'Madhab of Ahl al-Qaraba' (the way of the relatives).

Supporting text

The justification for the substitution method (Tanzil) is that since Dhawi al-Arham are dependents in inheritance relative to others, they must be joined to those upon whom they depend. Since the female descendants of the deceased are not excluded by the descendants of the father, Dhawi al-Arham should not be excluded by their descendants either.