Distant Kindred in Islamic Inheritance Law - Classification and Protocols

In Islamic inheritance law, “Distant Kindred” (ذَوِي الْأَرْحَام - dhawī al-arhām) are those relatives who neither qualify as “Shares” (الفروض - al-furūḍ) nor “Residuaries” (العَصَبَة - al-ʿaṣabah). This concept is central to the equitable distribution of an estate when primary heirs are absent.

Etymology and Translation

• Arabic: ذَوِي الْأَرْحَام (dhawī al-arhām)
• Turkish: Uzak Akrabalar

Classification of Distant Kindred

Class 1: Descendants (أحفاد - Aḥfād)

This class includes children of daughters and sons’ daughters along with their descendants. Examples listed:

1. Daughter’s son
2. Daughter’s daughter
3. Son of daughter’s son
4. Daughter of daughter’s son
5. Son of daughter’s daughter
6. Daughter of daughter’s daughter

Class 2: Ascendants (الأصول البعيدة - Al-Uṣūl al-Baʿīdah)

This class consists of remote ancestors such as maternal grandparents and their forebears:

1. Maternal grandfather
2. Maternal grandfather’s father
3. Maternal grandfather’s mother

Class 3: Collateral Relatives (الأقرباء الجانبيون - Al-Aqribā’ al-Jānibiyūn)

This class includes:

1. Children of full siblings and their descendants
2. Children of half-siblings by the father and their descendants
3. Children of half-siblings by the mother and their descendants

Class 4: Relatives of Grandparents (أقرباء الجد والجدة - Aqribā’ al-Jadd wa al-Jadda)

This class covers:

1. Full paternal aunts and uncles and their descendants
2. Half paternal and maternal aunts and uncles and their descendants

Inheritance Rules and Notes

1. Proximity of Degree: Distant kindred inherit according to closeness in degree of kinship.
2. Preference by Relation Type: Relatives through sharers (heirs) prefer over those through non-heirs.
3. Male-Female Ratio: Males inherit twice as females if they are equally distant.
4. Paternal Over Maternal: Claims via paternal relatives typically receive double those of maternal relatives.

General Principles

• Exclusion: Each class of relatives excludes the next following class in entitlement.

Suggested Books for Further Studies

1. Islamic Inheritance Law by David S. Powers
2. The Islamic Law of Succession by Hamid Khan
3. The Law of Inheritance in Islam by A. D. Ajijola

Conclusion

Understanding the rules and classifications of distant kindred in Islamic inheritance law is pivotal for equilibrating the distribution of an estate among relatives, especially in the absence of primary heirs. These nuanced guidelines help uphold justice and equity, reflecting the robust and meticulous nature of Islamic jurisprudence.

Takeaways

• Distant kindred play a vital role in inheritance when primary heirs are not present.
• Islamic law provides a detailed and hierarchical structure for distant kindred to ensure fairness.
• Knowledge of these rules is crucial for proper implementation of Sharia in inheritance matters.

By understanding the classifications and protocols of distant kindred inheritance in Islam, one can appreciate the intricate balance Islam strives to achieve in wealth distribution among relatives.