What is the methodology for determining the inheritance share of Dhawi al-Arham?
Chapter on Distant Kindred (Dhawu al-Arham)
Al-Mughni
Book of Inheritance Shares (Farā'id)
Primary text
The soundest position, attributed to Abu Abdullah (Imam Ahmad), is the methodology of 'Ahl al-Tanzil' (the method of substitution). This method dictates that each distant relative is substituted for the closest recognized heir (fard or 'asabah) through whom they derive their relation. They receive that heir's prescribed share. If they are distant, the substitution proceeds degree by degree until reaching an established heir, whose share they then inherit. If only one such relative exists, they take the entire estate. If several exist, the estate is divided among them according to what would have gone to the established heirs they represent. If any portion remains after satisfying the established shares (i.e., if the shares do not sum up to the whole), the remainder is returned to them proportionately based on their assigned shares.
Supporting text
Another position, held by Alqamah, Masruq, al-Sha'bi, al-Nakha'i, Hammad, Nu'aym, Shurayk, Ibn Abi Layla, al-Thawri, and others who grant inheritance to them, is that the distant relative is substituted for the closest living heir from whom they descend. For instance, the daughter of a daughter inherits the daughter's share, the daughter of a brother inherits the brother's share, the paternal aunt inherits the father's share, and the maternal aunt inherits the mother's share, as narrated from Ali and Abdullah. A second opinion attributed to Ali states that the paternal aunt is substituted for the paternal uncle.