What is the ruling on inheritance distribution among collateral relatives descended from a single father and a single mother (e.g., full-siblings' children)?
Chapter on Distant Kindred (Dhawu al-Arham)
Al-Mughni
Book of Inheritance Shares (Farā'id)
Primary text
There is a difference of opinion regarding the inheritance of males and females among collateral relatives sharing both parents. One narration suggests equality (taswiyah) for the maternal uncle and aunt, implying equality for all such relatives, similar to the children of the mother (Awlad al-Umm). This aligns with the view that they inherit purely by kinship, making male and female equal, like the children of the mother. Another narration suggests that the male receives twice the share of the female, similar to full siblings, which is the view of the people of Iraq and the majority of those who calculate by proximity.
Supporting text
The view favoring inequality (male double the female share) argues that their inheritance is measured against others, so they cannot be treated like fixed-share heirs (who take the whole estate) or distant residuary heirs (whose males inherit alone). Instead, they must be compared to the nearest residuary heirs, the brothers and sisters. This is countered by noting they are compared to the children of the mother, whose shares are equalized because their fathers' shares are equal. A third, less supported view recorded by al-Kharqi suggests equality for all except the maternal uncle and aunt, where the male takes two-thirds and the female one-third.