What is the ruling when a paternal and maternal cousin are present, concerning the distribution of the estate relative to their paternal lineage?
Chapter on Distant Kindred (Dhawu al-Arham)
Al-Mughni
Book of Inheritance Shares (Farā'id)
Primary text
The majority of scholars concerned with lineage (*Ahl al-Qaraba*) rule that heirs from both paternal and maternal lines substitute for their respective fathers. This is the prevalent view among those who focus on lineage. The inheritance goes entirely to the daughter of the full cousin (*Bint 'Amm li-Abawayn*), excluding the daughter of the paternal cousin (*Bint 'Amm li-Ab*).
Supporting text
Al-Thawri opined that the estate is divided between the daughter of the full cousin and the daughter of the maternal cousin in a four-part distribution. Abu Ubaid stated that the daughter of the maternal cousin receives one-sixth, and the remainder goes to the daughter of the full cousin, similar to the distribution among siblings' children. A view attributed to Muhammad ibn Salm suggests the estate goes to the daughter of the maternal cousin because she is two degrees removed, making her equivalent to the father, thus excluding the paternal uncle's lineage.