Inheritance Ruling for Dhawil Arham (Maternal Relatives)
✍ Written by: Imran Ayyub Lahori
Relatives are More Deserving than the Bayt al-Mal, Hence They Will Be Considered Heirs
The word "الأرحام" is the plural of "رِحم".
Linguistically, it refers to kinship or close relations.
Technically, Dhawil Arham refers to those close relatives who neither have a fixed share in inheritance nor fall under the category of ‘Asabah (agnatic heirs), such as the children of daughters or maternal grandfathers, etc.
[Refer: Al-Fara’id, p. 244]
وَأُولُو الْأَرْحَامِ بَعْضُهُمْ أَوْلَىٰ بِبَعْضٍ
[Al-Anfal: 75]
“Close relatives are more entitled to each other (in inheritance).”
This proves that in the absence of the Asḥāb al-Furūḍ (fixed share heirs) and ‘Asabah, the Dhawil Arham shall inherit the deceased.
لِّلرِّجَالِ نَصِيبٌ مِّمَّا تَرَكَ الْوَالِدَانِ وَالْأَقْرَبُونَ وَلِلنِّسَاءِ نَصِيبٌ مِّمَّا تَرَكَ الْوَالِدَانِ وَالْأَقْرَبُونَ
[An-Nisa: 7]
“For men is a share of what the parents and close relatives leave, and for women is a share of what the parents and close relatives leave.”
The term “Aqraboon” (close relatives) includes the Dhawil Arham.
مــن تـرك مالا فلورثته وأنــا وارث من لا وارث لـه أعـقـل عنه وأرثه والخال وارث من لا وارث له بعقل عنه ويرثه
“Whoever leaves behind wealth, it is for his heirs. And I am the heir of the one who has no heirs; I will pay his blood money and inherit him. And the maternal uncle is the heir of the one who has no heirs; he shall pay the blood money on his behalf and inherit him.”
[Hasan: Irwa’ al-Ghalil 6/138–139; Ahmad 4/131; Abu Dawud 2899; Ibn Majah 2738; others]
والخال وارث من لا وارث له
“The maternal uncle is the heir of the one who has no heirs.”
[Sahih: Irwa’ al-Ghalil 6/137; Ahmad 1/28; Tirmidhi 2103; Ibn Majah 2737; others]
ابن أخت القوم من أنفسهم
“The son of a sister from a tribe is considered one of them.”
[Bukhari: 6762; Muslim: 1059]
[Sahih: Sahih Abu Dawud 2523; Abu Dawud 2907]
Indeed, the aforementioned evidences are sufficient to establish that Dhawil Arham are entitled to inheritance, yet scholars have differed on this issue:
Those who affirm inheritance for Dhawil Arham in the absence of Asḥāb al-Furūḍ and ‘Asabah include:
Those who do not affirm inheritance for Dhawil Arham include:
[References: Al-Umm 4/76; Mughni al-Muhtaj 3/7; Al-Mabsut 29/192; Al-Lubab 4/200; Al-Kafi p. 556; Al-Mughni 7/82; Kashshaf al-Qina‘ 4/455; Al-Muhalla 9/322]
From the previous narrations, it is also evident that wealth left behind should be distributed among Dhawil Arham rather than being transferred to Bayt al-Mal. This is further supported by the following Hadith:
Narrated by ‘A’ishah (RA):
A slave of the Prophet ﷺ fell from a branch of a date-palm tree and died. He was brought to the Prophet ﷺ. The Prophet ﷺ inquired:
“Does he have any relatives by lineage or close kinship?”
The people replied: “No.”
The Prophet ﷺ then said:
أعطو ميراثه بعض أهل قريته
“Give his inheritance to someone from among the people of his village.”
[Sahih: Sahih Ibn Majah 2209; Ahmad 6/137; Abu Dawud 2902; Tirmidhi 2105; Ibn Majah 2733]
This Hadith proves that inheritance should be given to Dhawil Arham rather than being diverted to the Bayt al-Mal.
✍ Written by: Imran Ayyub Lahori
Relatives are More Deserving than the Bayt al-Mal, Hence They Will Be Considered Heirs
❖ Definition of Dhawil Arham
The word "الأرحام" is the plural of "رِحم".
Linguistically, it refers to kinship or close relations.
Technically, Dhawil Arham refers to those close relatives who neither have a fixed share in inheritance nor fall under the category of ‘Asabah (agnatic heirs), such as the children of daughters or maternal grandfathers, etc.
[Refer: Al-Fara’id, p. 244]✿ Quranic Evidences Supporting Inheritance of Dhawil Arham
➊ Allah Almighty states:
وَأُولُو الْأَرْحَامِ بَعْضُهُمْ أَوْلَىٰ بِبَعْضٍ
[Al-Anfal: 75]“Close relatives are more entitled to each other (in inheritance).”
This proves that in the absence of the Asḥāb al-Furūḍ (fixed share heirs) and ‘Asabah, the Dhawil Arham shall inherit the deceased.
➋ Another verse states:
لِّلرِّجَالِ نَصِيبٌ مِّمَّا تَرَكَ الْوَالِدَانِ وَالْأَقْرَبُونَ وَلِلنِّسَاءِ نَصِيبٌ مِّمَّا تَرَكَ الْوَالِدَانِ وَالْأَقْرَبُونَ
[An-Nisa: 7]“For men is a share of what the parents and close relatives leave, and for women is a share of what the parents and close relatives leave.”
The term “Aqraboon” (close relatives) includes the Dhawil Arham.
✿ Hadith Evidences on the Inheritance of Dhawil Arham
➌ It is narrated from
مــن تـرك مالا فلورثته وأنــا وارث من لا وارث لـه أعـقـل عنه وأرثه والخال وارث من لا وارث له بعقل عنه ويرثه
“Whoever leaves behind wealth, it is for his heirs. And I am the heir of the one who has no heirs; I will pay his blood money and inherit him. And the maternal uncle is the heir of the one who has no heirs; he shall pay the blood money on his behalf and inherit him.”
[Hasan: Irwa’ al-Ghalil 6/138–139; Ahmad 4/131; Abu Dawud 2899; Ibn Majah 2738; others]➍ Narrated from ‘Umar (RA) that the Prophet ﷺ said:
والخال وارث من لا وارث له
“The maternal uncle is the heir of the one who has no heirs.”
[Sahih: Irwa’ al-Ghalil 6/137; Ahmad 1/28; Tirmidhi 2103; Ibn Majah 2737; others]➎ In another narration, it is stated:
ابن أخت القوم من أنفسهم
“The son of a sister from a tribe is considered one of them.”
[Bukhari: 6762; Muslim: 1059]➏ The Prophet ﷺ also allocated the inheritance of the child of a woman who engaged in
[Sahih: Sahih Abu Dawud 2523; Abu Dawud 2907]❖ Scholarly Opinions on the Inheritance of Dhawil Arham
Indeed, the aforementioned evidences are sufficient to establish that Dhawil Arham are entitled to inheritance, yet scholars have differed on this issue:
Those who affirm inheritance for Dhawil Arham in the absence of Asḥāb al-Furūḍ and ‘Asabah include:- Imam Abu Hanifah (رحمه الله)
- Imam Ahmad (رحمه الله)
- Companions: ‘Umar, ‘Ali, Ibn Mas‘ud, and Ibn ‘Abbas (رضي الله عنهم)
Those who do not affirm inheritance for Dhawil Arham include:- Imam Malik (رحمه الله)
- Imam Shafi‘i (رحمه الله)
- Zayd ibn Thabit (RA), Imam Zuhri, Imam Makḥūl, Imam Qasim, and Imam Yaḥya, etc.
[References: Al-Umm 4/76; Mughni al-Muhtaj 3/7; Al-Mabsut 29/192; Al-Lubab 4/200; Al-Kafi p. 556; Al-Mughni 7/82; Kashshaf al-Qina‘ 4/455; Al-Muhalla 9/322]✿ Inheritance Should Be Given to Dhawil Arham Instead of Transferring It to Bayt al-Mal
From the previous narrations, it is also evident that wealth left behind should be distributed among Dhawil Arham rather than being transferred to Bayt al-Mal. This is further supported by the following Hadith:
Narrated by ‘A’ishah (RA):
A slave of the Prophet ﷺ fell from a branch of a date-palm tree and died. He was brought to the Prophet ﷺ. The Prophet ﷺ inquired:
“Does he have any relatives by lineage or close kinship?”
The people replied: “No.”
The Prophet ﷺ then said:
أعطو ميراثه بعض أهل قريته
“Give his inheritance to someone from among the people of his village.”
[Sahih: Sahih Ibn Majah 2209; Ahmad 6/137; Abu Dawud 2902; Tirmidhi 2105; Ibn Majah 2733]This Hadith proves that inheritance should be given to Dhawil Arham rather than being diverted to the Bayt al-Mal.
