Muwatta Imam Malik (Riwayat Yahya)

Imam Malik, may Allah have mercy on him, said: In our view, this ruling is agreed upon that when there are no full brothers or sisters, then the maternal brothers and sisters will be treated like them; their male is equal to their male, and their female is equal to their female. (If the deceased has only one maternal brother, he will take the whole estate; if only one maternal sister, she will take half; if there are two or three maternal sisters, they will take two-thirds; if there are both maternal brothers and sisters, it will be divided as «﴿لِلذَّكَرِ مِثْلُ حَظِّ الْأُنثَيَيْنِ﴾».) However, there is this difference among full brothers and sisters that maternal brothers and sisters will not participate in the matter of full brothers and sisters just mentioned, because their mother is different. If full sisters and maternal sisters are together, and with the full sisters there is also a full brother, then the maternal sisters will get nothing. If there is no full brother but only one full sister and the rest are maternal sisters, then the full sister will get half and the maternal sisters will get one-sixth, to complete two-thirds. If with the maternal sisters there is also a maternal brother, then their share will not be fixed, but after giving the shares to the rightful heirs (dhawi al-furud), whatever remains or is more, then two-thirds will go to them, and the maternal sisters will get nothing. However, when with the maternal sisters there is also a maternal brother, then after giving the share to the rightful heirs (dhawi al-furud), whatever remains will be divided as «﴿لِلذَّكَرِ مِثْلُ حَظِّ الْأُنثَيَيْنِ﴾». If nothing remains, then the maternal brothers and sisters will get nothing, whether they are with full brothers and sisters or with maternal brothers and sisters. One will get one-sixth and two will get two-thirds; their males and females are all equal.