What is the ruling on inheritance for Dhawi al-Arham (distant kindred)?
Chapter on Distant Kindred (Dhawu al-Arham)
Al-Mughni
Book of Inheritance Shares (Farā'id)
Primary text
Distant kindred (Dhawi al-Arham), defined as relatives who have neither a prescribed share (fard) nor a residuary share (asabah), are granted inheritance if there are no heirs with prescribed shares, residuaries, or spouses present. This view is held by Abu Abdullah (Imam Ahmad/Hanbali view), and it is narrated from Umar, Ali, Abdullah, Abu Ubaidah ibn al-Jarrah, Muadh ibn Jabal, and Abu al-Darda, as well as Shurayh, Umar ibn Abd al-Aziz, Ata, Tawus, Alqamah, Masruq, and the people of Kufa. The primary evidence supporting this is the verse: "And those related by blood are nearer to each other in the Book of Allah" (Quran 8:75). Furthermore, a hadith narrated by Imam Ahmad from Sahl ibn Hunaif states that the Prophet, peace be upon him, said: "The maternal uncle is an inheritor for one who has no inheritor." Abu Dawud narrated a similar hadith stating the maternal uncle inherits and pays blood money for one who has no heir. The initial practice of inheritance was through sworn alliance, which was later abrogated by inheritance through Islam and Hijra, and finally established by kinship as per the Quranic verse cited above.
Supporting text
Zayd ibn Thabit did not grant inheritance to Dhawi al-Arham, assigning the remaining property to the treasury (Bayt al-Mal). This view is held by Malik, al-Awza'i, al-Shafi'i, Abu Thawr, Dawud, and Ibn Jarir. Their evidence includes a narration attributed to the Prophet, peace be upon him, that he received a revelation stating that the paternal aunt ('ammah) and maternal aunt (khalah) have no inheritance. They also argue that the paternal aunt and daughter of the brother do not inherit alone if their brothers are absent, as the presence of the brother strengthens their claim, analogous to how certain female relatives only inherit the remainder when their brothers are present.