Inheritance of full siblings alongside maternal siblings
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The third question of Fatwa No. ( 5734 )
Q3: What is the most correct view regarding the issue of the shared siblings (full and maternal)? Do the maternal siblings alone inherit one-third with the husband and the mother, while the full siblings inherit nothing, according to the madhhab of Ahmad ibn Hanbal and Abu Hanifah? Or do the full siblings inherit with them in the one-third, according to the madhhab of Imam Malik and al-Shafi'i ? And which of the narrations is the stronger position adopted by the Shari'ah? Please issue a ruling for us.
Vol. 3: The correct view regarding the full sister is that full siblings do not inherit alongside maternal siblings; because of His saying:Sahih Muslim 1615a It is agreed upon as authentic, and this is the position of Ahmad and Abu Hanifah, and this opinion is narrated from 'Ali and Ibn Mas'ud and Abu ibn Ka'b and Ibn 'Abbas and Abu Musa (may Allah be pleased with them), and 'Umar initially ruled accordingly. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q3: What is the most correct view regarding the issue of the shared siblings (full and maternal)? Do the maternal siblings alone inherit one-third with the husband and the mother, while the full siblings inherit nothing, according to the madhhab of Ahmad ibn Hanbal and Abu Hanifah? Or do the full siblings inherit with them in the one-third, according to the madhhab of Imam Malik and al-Shafi'i ? And which of the narrations is the stronger position adopted by the Shari'ah? Please issue a ruling for us.
Vol. 3: The correct view regarding the full sister is that full siblings do not inherit alongside maternal siblings; because of His saying:
Give the shares to those who are entitled to them, and what remains over goes to the nearest male heir.
ألحقوا الفرائض بأهلها، فما بقي فهو لأولى رجل ذكر
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.