The scholars are unanimous that maternal siblings do not inherit when any of the following four classes are present:
- the father or the paternal grandfather, however high;
- the children, male or female;
- the male or female grandchildren through sons, however remote.
This ruling rests on the Almighty’s words:
"If a man or a woman dies leaving neither parent nor child but has a brother or a sister…" (al-Nisāʾ 4:12).
Consensus has established that the “brother or sister” in this verse refers exclusively to uterine siblings. One recitation even reads, “…a brother or sister from his mother.” Likewise, the scholars—so far as I know—agree that the term kalālah here denotes the absence of the four lines of descent we have just named: fathers, grandfathers, sons, and sons of sons.
Inheritance of Full and Paternal Siblings
The jurists also concur that full siblings, as well as siblings who share the father only, inherit in cases of kalālah. A single sister takes one-half; two sisters share two-thirds; and when males and females are present together, the male receives the portion of two females, exactly as with sons and daughters. This follows the Divine statement:
"They ask you for a ruling. Say: Allah gives you a ruling concerning kalālah…" (al-Nisāʾ 4:176).
They did, however, differ over certain details of the term kalālah in this verse while agreeing on others; these points will be mentioned, God willing.
Among their points of agreement is that full siblings—whether male or female—receive nothing in the presence of a son, a grandson through a son, or the father. Beyond that they disagreed.
One disputed issue concerns the inheritance of full siblings alongside a daughter or daughters. The majority hold that the sisters in this situation become agnate heirs (ʿaṣabah) and take whatever remains after the daughters’ fixed shares. In contrast, Dāwūd ibn ʿAlī al-Ẓāhirī and a group of scholars maintain that a sister inherits nothing when a daughter is present.
The majority rely on the ḥadīth of Ibn Masʿūd: “The Prophet (peace and blessings be upon him) ruled concerning a daughter, a son’s daughter, and a sister: ‘The daughter takes one-half, the son’s daughter one-sixth to complete two-thirds, and whatever remains is for the sister.’” They also reason that since brothers unanimously inherit alongside daughters, the same principle should apply to sisters.
The opposing view rests on the plain sense of the verse: “If a man dies leaving no child but has a sister…” (al-Nisāʾ 4:176), which, in their reading, grants the sister a share only when no child at all exists. The majority, however, restrict the word “child” here to males only.
All scholars agree that full siblings exclude paternal siblings from inheritance, by analogy with grandsons being excluded by sons. Abū ʿUmar said: This is also reported in a sound narration from trustworthy single transmitters, from ʿAlī (may Allah be pleased with him): “The Messenger of Allah (peace and blessings be upon him) ruled that uterine siblings inherit from one another to the exclusion of half-siblings through the father.”
The scholars are likewise unanimous that the sisters