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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.

FamilyḤanafīMālikīShāfiʿīḤanbalī
Alone1 kin share (dhawū al-arḥām)
With Wife3/4 kin share (dhawū al-arḥām)needs a scholar's review3/4 kin share (dhawū al-arḥām)3/4 kin share (dhawū al-arḥām)
With Sonexcluded
With Maternal aunt and Paternal aunt2/9 kin share (dhawū al-arḥām)needs a scholar's review2/9 kin share (dhawū al-arḥām)1/6 kin share (dhawū al-arḥām)
With Maternal aunt2/3 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 grandfatherexcludedneeds a scholar's reviewneeds a scholar's reviewexcluded
With Paternal aunt1/3 kin share (dhawū al-arḥām)needs a scholar's review1/3 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:

Depends on the school:

How exclusion (ḥajb) works

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:

  • With Maternal aunt and Paternal aunt: Ḥanafī 2/9 · Shāfiʿī 2/9 · Ḥanbalī 1/6 (Mālikī: needs a scholar's review) Read more
  • With Maternal aunt: Ḥanafī 2/3 · Mālikī 2/3 · Shāfiʿī 2/3 · Ḥanbalī 1/2 Read more

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

With Maternal aunt and Paternal aunt
HeirḤanafīMālikīShāfiʿīḤanbalī
Maternal uncle 2/9needs a scholar's review2/91/6
Maternal aunt 1/91/91/6
Paternal aunt 2/32/32/3
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With Wife
HeirḤanafī
Wife 1/4
Maternal uncle 3/4
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With Maternal aunt
HeirḤanafī
Maternal uncle 2/3
Maternal aunt 1/3
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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.