Maternal uncle
الخال
The brother of the deceased's mother (khāl). A distant kinsman (dhawū al-arḥām) who inherits only when no heir but a spouse is left.
Their share
Each row is a family run through the engine in all four schools; the share is the group share of the maternal uncle.
| Family | Ḥanafī | Mālikī | Shāfiʿī | Ḥanbalī |
|---|---|---|---|---|
| Alone | 1 kin share (dhawū al-arḥām) | |||
| With Wife | 3/4 kin share (dhawū al-arḥām) | needs a scholar's review | 3/4 kin share (dhawū al-arḥām) | 3/4 kin share (dhawū al-arḥām) |
| With Son | excluded | |||
| With Maternal aunt and Paternal aunt | 2/9 kin share (dhawū al-arḥām) | needs a scholar's review | 2/9 kin share (dhawū al-arḥām) | 1/6 kin share (dhawū al-arḥām) |
| With Maternal aunt | 2/3 kin share (dhawū al-arḥām) | 2/3 kin share (dhawū al-arḥām) | 2/3 kin share (dhawū al-arḥām) | 1/2 kin share (dhawū al-arḥām) |
| With Maternal grandfather | excluded | needs a scholar's review | needs a scholar's review | excluded |
| With Paternal aunt | 1/3 kin share (dhawū al-arḥām) | needs a scholar's review | 1/3 kin share (dhawū al-arḥām) | 1/3 kin share (dhawū al-arḥām) |
- With Wife — Mālikī: needs a scholar's review
- With Maternal aunt and Paternal aunt — Mālikī: needs a scholar's review
- With Maternal grandfather — Mālikī and Shāfiʿī: needs a scholar's review
- With Paternal aunt — Mālikī: needs a scholar's review
Who excludes them
Present even once, each of these excludes the maternal uncle in all four schools:
- Son
- Daughter
- Son's son
- Son's daughter
- Great-grandson
- Great-granddaughter
- Father
- Mother
- Father's father
- Father's mother
- Mother's mother
- Full brother
- Full sister
- Paternal brother
- Paternal sister
- Maternal brother
- Maternal sister
- Full nephew
- Paternal nephew
- Full paternal uncle
- Paternal half-uncle
- Full cousin
- Paternal cousin
Depends on the school:
Whom they exclude
On their own, the maternal uncle excludes no other heir.
Where the schools differ
In these families the four schools give the maternal uncle different shares:
The verse
No inheritance verse of Sūrat an-Nisāʾ (4:11, 4:12, 4:176) names a share for the maternal uncle; their place follows the rules the scholars derived from the Sunnah and those verses.
Worked examples
| Heir | Ḥanafī | Mālikī | Shāfiʿī | Ḥanbalī |
|---|---|---|---|---|
| Maternal uncle | 2/9 | needs a scholar's review | 2/9 | 1/6 |
| Maternal aunt | 1/9 | 1/9 | 1/6 | |
| Paternal aunt | 2/3 | 2/3 | 2/3 |
Questions
- How much does the maternal uncle inherit?
- It depends on who else inherits. Computed in all four schools: alone: 1; with wife: 3/4 (Mālikī: needs a scholar's review); with son: excluded; with maternal aunt and paternal aunt: differs by school (Mālikī: needs a scholar's review); with maternal aunt: differs by school.
- Does the maternal uncle inherit when there is a son?
- No. In all four schools a son excludes the maternal uncle entirely (ḥajb).
- Whom does the maternal uncle exclude?
- No one: on their own, the maternal uncle excludes no other heir.
- Do the four schools agree on the share of the maternal uncle?
- Not always. They differ in 2 of the situations computed here — for example, with maternal aunt and paternal aunt: Ḥanafī 2/9, Shāfiʿī 2/9, Ḥanbalī 1/6.