Introduction

In this episode, we would be discussing the place of Dhawu al-Arham or distant relatives in Islamic law of inheritance. This is sequel to our discussion on the status of siblings in Islamic succession. If you missed that episode, worry not because you can click this link to catch up fast.

That being said, do you know that apart from primary heirs (beneficiaries entitled to a predetermined portion of an estate as stated in the Quran) and residuaries (beneficiaries who take what is left over from an estate after the distribution of specified shares to the primary heirs), there is another category of heirs in Islamic law of inheritance? Yes, there is a category of heirs known as distant relatives.

If you join us to the end, we would walk you through the position of Islamic inheritance jurisprudence concerning the inheritance of distant relatives in the estate of a Muslim who died intestate.

Who are those referred to as distant relatives in Islamic law of inheritance?

Distant relatives refer to relatives of a deceased who are neither sharers nor residuaries. This category of heirs is primarily related to a deceased person through a female relationship, such as a mother’s brother and sister or a daughter’s children.

The Place of Dhawu al-Arham, according to the four Madhabs (four major Islamic schools)

The majority of the Islamic schools believe that Dhawu al-Arham’s or distant relatives are entitled to inherit from the estate of a Muslim who is deceased. In fact, according to the Hanafi, Shafii, and Hanbali fiqh schools, distant relatives are entitled to inherit if:

• Primary Heirs and Residuaries are not entitled to it; and
• The only heir is the husband/widow, who receives his/her share, with the remainder going to the distant relatives.

Only the Maliki school of thought believes that distant relatives have no right to inherit, and any residue (remainder of the estate after the primary heirs have taken their share) in the absence of Primary Heirs/Residuaries goes to Bait-ul-mal (public treasury).

Division of distant relatives and the rules guiding their inheritance

Distant relatives are divided into four groups:

Group 1

The following relations are included in this group:

1. Children of the daughter and their descendants
2. Children of the son’s daughter and their descendants

The following rules apply to the distribution of inheritance in this group:

1. They are given priority in the distribution of estate amongst distant relatives.
2. The male to female ratio for distribution of the estate is 2:1
3. A distant relative closer to the deceased Muslim in the degree of blood relation excludes a more distant relative.
4. If the claimants to the estate (the distant relatives) are of equal degree, the descendants of the primary heirs or residuaries take precedence over the descendants of distant kindreds. In such instances, the estate is divided equally among the claimants while maintaining the male: female ratio.

Group 2

The following relations are included in this group:

1. False grandfather how high-so-ever (a male ancestor, however distant, between whom and the deceased a female intervenes. e.g the deceased Muslim mother’s father.)
2. False grandmother (a female ancestor, however distant, between whom and the deceased a false grandfather intervenes. e.g the mother of the deceased muslim maternal grandfather)

The following rules apply to the distribution of inheritance in this group:

• A distant relative closer to the deceased Muslim in the degree of blood relation excludes a more distant relative.
• The remaining rules which apply in group 1 also apply here.

Group 3

The following relations are included in this group:

1. A full brother’s daughter and her descendants.
2. The daughter of a consanguine brother and her descendants (consanguine relations are relations who share a common father)

• Children of uterine brothers and their descendants’ (uterine relations are relations who share a common mother)

1. Daughters of full brother’s sons h.l.s (how low soever) and their descendants
2. Daughters of consanguine brother’s son h.l.s and their descendants
3. Sister’s (full, consanguine, or uterine) children and their descendants.

The rules that apply to the distribution of inheritance in group 2 also apply to this group.

Group 4

The following relations are included in this group:

1. Descendants of immediate grandparents (true or false) and descendants of remoter ancestors h.h.s (true or false).

The immediate grandparents are:

• the daughter of full paternal uncles and their descendants.
• Daughters of a consanguine paternal uncle and their descendants
• Uterine paternal uncles, as well as their children and descendants.
• Daughters of full paternal uncle’s sons and their descendants.
• Daughters and descendants of consanguine paternal uncle’s sons h.l.s.
• Paternal aunts (full, consanguine, or uterine), as well as their children and descendants
• Maternal uncles and aunts, as well as their children and their descendants.

The following rules apply to the distribution of inheritance in this group:

• If there is only one of these persons, he takes the whole property, but if there are more, the relative closer to the deceased Muslim in the degree of blood relation comes first, provided he is from the same line of descent.
• A distant relative closer to the deceased Muslim in the degree of blood relation excludes a more distant relative.
• If the claimants to the estate (the distant relatives) are of equal degree, the estate is divided equally among the claimants while maintaining the 2:1 male: female ratio.

Conclusion

It is important for Muslims to be able to differentiate their distant relatives from other Islamic heirs in order to be able to properly determine what portion of the estate each of the heirs are entitled to. Just in case you need clarifications on this subject, be assured that we are only a mail away from attending to your questions. Send us a mail today at contact@fiduciaryservicesltd.com and you’ll get a response from our team soon.