What is the ruling regarding the inheritance rights of sisters when daughters are present?
General Chapter
Al-Mughni
Book of Inheritance Shares (Farā'id)
Primary text
The ruling is that sisters, whether full or paternal half-sisters, do not inherit alongside daughters, based on the consensus of the scholars, including Umar, Ali, Zayd, Ibn Mas'ud, Mu'adh, and Aisha, peace be upon them. This is because the presence of children (daughters) prevents the sisters from inheriting as residuaries (Asaba) or by specified shares, especially since the maternal line has no inheritance when children are present.
Supporting text
Ibn Abbas and those who followed him held a dissenting view, asserting that a sister should not be prevented from inheriting residue when a daughter is present, ruling that the daughter receives half and the sister receives the residue (which he deduced from Quran 4:176, applied only when no children exist). However, the sounder position aligns with the majority, evidenced by Ibn Mas'ud's ruling concerning a daughter, a granddaughter, and a sister, where the sister received the residue remaining after the fixed shares.