What is the procedure when claimants dispute the order of death and each asserts their deceased relative died last?

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

If the heirs of two deceased individuals dispute the order of death, and each claimant swears to negate the claim of the opposing party (thus asserting their relative died last), the inheritance is allocated according to the oath. The inheritance accrues to the heir of the one whose claim is successfully negated, and the matter is settled based on that affirmation, similar to other undisputed rights.

Supporting text

If all parties agree on the uncertainty of the sequence of death, no mutual oath is administered because oaths are not prescribed where certainty of ignorance exists.