If a person is a mother and a paternal aunt (grandmother who is sister of the father), does prioritizing the stronger relationship (grandmother over sister) lead to contradictions regarding the status of the sister relationship?

Chapter on Distant Kindred (Dhawu al-Arham)

Al-Mughni

Book of Inheritance Shares (Farā'id)

Book 32 · Issue 2 · Bab 5

Open in Qurani

Primary text

The reasoning for prioritizing the stronger relationship is flawed. If one inherits based on being a grandmother because the son relationship supersedes the sister relationship for the grandmother, then one must logically also inherit based on being a sister because the mother relationship supersedes the grandmother relationship. Those who uphold this distinction contradict the explicit Quranic decree regarding the sister's fixed share. Furthermore, they fail to grant the full fixed share for the sister when the mother is also a sister, and they contradict the established shares for sisters found in the Quran.

Supporting text

It is argued that giving the grandmother the share due to her as a sister, when she is also a grandmother, leads to the mother being entirely excluded by the sister relationship, which some deem unacceptable. However, the response is that the Quran already limits the mother's share to one-sixth when there are two sisters, demonstrating that reduction (not just nullification) is permissible based on divine decree.