Back to search
The question

What is the wisdom behind uncles inheriting in the case where the deceased only has daughters, and why is inheritance not limited to the daughters?

Share this answer

Source: FtawySummary from Ftawy's records · added here Sep 2, 20261 min readAlso available in العربية
The answer

The full paternal uncle and the half paternal uncle (from the father's side) are considered 'asabah (agnatic heirs), and they inherit what remains after the ashab al-furood (Qur'anic heirs) have taken their shares, provided there is no closer agnatic heir to the deceased. The wisdom behind their inheritance is that they support the deceased, show loyalty to him, and defend him. They also bear the burden of the blood money for accidental killing on his behalf. Thus, it is just that they inherit as they bear responsibilities. Therefore, the paternal uncle's son is among the agnatic heirs of the deceased who support him and bear the burden of the blood money on his behalf. For this reason, if a man accidentally kills someone, the 'aqilah (the blood-money bearing relatives, which include the full paternal uncle and the half paternal uncle from the father's side) bear the blood money, while his daughters bear nothing, because women from the perpetrator's relatives do not bear the 'aql (blood money). The 'aqilah are the male agnatic relatives of the perpetrator by lineage, and they do not include dhawu al-arham (uterine relatives) or women, because they are not among those who provide support.

Summary from Ftawy's records · added here

Reviewed by El Fatwa's sharia committee.

Read the full answer on Ftawy
Where this answer came from
Source platform
Ftawy
Original fatwa ID
143111
Added here
. This is when the answer was added to El Fatwa, not the fatwa's date.
Text
Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
Read the full ruling
Read the full answer on Ftawy