from the fixed-share heirs or the agnatic heirs, the uterine relatives inherit—such as the maternal uncle, the maternal grandfather, and others like them.
- As for the statement, “Allah and His Messenger are the mawlā of the one who has no mawlā,” what is meant is the Muslims’ Treasury (Bayt al-Māl). According to the Mālikī school it inherits from everyone who leaves no heir, without qualification; according to the Shāfiʿīs it does so only when the community is organised under a just imām; whereas the Ḥanafīs and Ḥanbalīs hold that the Treasury merely safeguards the estate and does not inherit it. The difference over whether the Treasury inherits or not is the root of the dispute concerning the inheritance of uterine relatives, as follows.
Disagreement among the jurists
The scholars disagreed over whether uterine relatives inherit when no fixed-share heir other than the spouses exists and no agnatic heir is present.
• The Ḥanafīs and Ḥanbalīs rule that they do inherit.
• The Mālikīs and Shāfiʿīs rule that they do not inherit.
The stronger view is that they do inherit, because of the verse: “Those bound by the ties of the womb are nearer to one another (in matters of inheritance) according to the Book of Allah” (Q. 8:75), meaning they have a stronger claim in Allah’s judgment.
It is also supported by the two hadiths under discussion: “The maternal uncle inherits from the one who has no heir.” The hadith designates the maternal uncle as an heir whenever no heir by fixed share or agnatic kinship exists; and since the maternal uncle is one of the uterine relatives, the same ruling applies to the rest of them.
Ibn al-Qayyim said: “Their inheritance has been affirmed from various angles, and none of the foundational hadiths contradict it. The majority of scholars give them shares, and it is the position of most of the Companions; the most fortunate person is the one who adopts it.”
Those who uphold their right to inherit then disagreed over the method by which their shares are calculated. The preponderant opinion is that they inherit by being placed in the position of the relative through whom they are connected; this is the view of the majority.
Shaykh Taqī al-Dīn said: “What is transmitted from the Companions, the Successors, and the majority of scholars…”