What is the order of precedence among male agnates (Asabah) in determining who inherits the remainder?
General Chapter
Al-Mughni
Book of Inheritance Shares (Farā'id)
Primary text
The agnates inherit the entirety of the estate if there are no fixed share inheritors. If there are fixed share inheritors, the agnates take what remains after their shares have been assigned. The closest relative inherits, superseding those further away, based on the saying of the Prophet (peace be upon him): "Assign the fixed shares to their owners, and what remains is for the nearest male relative." The closest relatives are the sons, then their male descendants, superseding the farther ones. Following them is the father, then his ascendants, the nearest first. Next are the full brothers (sons of the father and mother), then their descendants, the nearest first. The distant is superseded by the near, regardless of whether the near is from the lineage of both parents or only the father. If they are on the same degree, the children of both parents take precedence due to the strength of their maternal kinship, hence a full brother's son is preferred over a father's brother's son as they are in the same degree. A father's brother's son is preferred over a full brother's son's son because the former is of a higher degree.
Supporting text
If the brothers and their descendants are extinct, the inheritance passes to the paternal uncles (Amam), then their sons, following the same order: if their degrees are equal, precedence is given to those related through both parents; if degrees differ, the higher one is preferred. If a father's brother remains, even if a descendant, he is preferred over the father's father's uncle, because the paternal uncles are descendants of the grandfather, and the grandfather's father's uncles are descendants of the grandfather's father. This order continues indefinitely. Descendants of a farther father's lineage do not inherit over descendants of a nearer father's lineage, regardless of how far down the degree the latter descend, as established by the Hadith. This entire sequence is agreed upon.