What is the ruling on the inheritance share of full sisters or paternal half-sisters if they occupy the position usually taken by children of both parents, in the presence of maternal relatives?
General Chapter
Al-Mughni
Book of Inheritance Shares (Farā'id)
Primary text
If full sisters or paternal half-sisters occupy the position of children of both parents, they are assigned two-thirds (Al-Thuluthan) of the estate. Consequently, the entire case is settled by increasing the denominator (the total parts, or 'Aul) to ten, according to the opinion of all scholars.
Supporting text
A dissenting view, held by Ibn Abbas and those who follow him who reject the increase in the denominator (Al-'Aul), dictates that the remainder after the required shares are given to the maternal siblings is distributed back to the sisters who are not children of the mother. The implication of this view is that full sisters or paternal half-sisters should be excluded entirely, similar to the ruling if they were full brothers.