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The question

What is the evidence that maternal half-brothers and women are not part of the 'Aqilah?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

The agreed-upon evidences (the Qur’an, the Sunnah, and scholarly consensus) indicate that the 'Aqilah (those who pay blood money) are the 'Asabah (male agnates), and that maternal siblings and women are not included. The Sunnah, specifically the Hadith of Abu Hurairah (may Allah be pleased with him) regarding the blood money for a fetus, established that the 'Aql (blood money) is borne by her 'Asabah. This was affirmed by Al-Hafiz in Al-Fath and Ibn Battal, who pointed out that maternal siblings do not pay blood money because they are not among the 'Asabah, and there are no female 'Asabah except the female emancipator. As for scholarly consensus, Al-Hafiz and Ibn Qudamah in Al-Mughni transmitted that the 'Aqilah are only the 'Asabat, and that women are not included in the 'Aqilah due to their inability to provide support, nor are children or the insane.

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Ftawy
Original fatwa ID
141688
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