Chapter on the Agnatic (Residuary) Heirs

The nearest agnatic heirs are: the sons and grandsons, then the father, then the paternal grandfather, and then the brothers—whether they are full brothers (sharing both father and mother) or half-brothers through the father alone. We have already clarified the rules concerning the father, the son, the grandfather, and the brothers, and praise belongs to Allah.

If the deceased leaves no father, son, grandfather, or brother—full or consanguine—the sons of the full brothers exclude the sons of the consanguine brothers. If there is no brother, no son of a brother, and no descendant of any of them, however remote, the full paternal uncle excludes the son of the consanguine paternal uncle; after him, the consanguine paternal uncle excludes both the son of the full paternal uncle and the son of the consanguine paternal uncle. This is because anyone whose connection to the deceased comes through both a mother and a father is always given precedence over the rest of the agnatic heirs.

When no paternal uncle, nor any of their sons or further descendants at any remove, can be found, the inheritance passes to the paternal uncle of the father through the father. Should he be missing, his sons and their descendants inherit, following the procedure already set out for the father’s uncles. If this branch is also extinct, the right devolves upon the full paternal great-uncle (the grandfather’s full brother); if he too is absent, then the consanguine paternal great-uncle; and if he is likewise lacking, succession is given to their sons and the sons of their sons.