Brother (full, paternal and maternal) in law

أخ

A brother is one born to the same father and mother or to one of them, with full brothers, paternal and maternal brothers, and milk-brothers. In law, zakat may be given to brothers; the father and a male descendant block all brothers; the grandfather and a descendant block the maternal brother; full and paternal brothers inherit with the grandfather; the full brother precedes the others, and the schools differ on whether the brother precedes the grandfather in guardianship, custody and bequest. 1 2.

Depth

At a glance

Era
The Prophetic Era
Region
Global / Diaspora
Review
Draft Completeness 1/5 · Help complete it

Family, marriage and kinship

Definition

A brother, in the lexicon, is one born to the same father and mother or to one of them: a full brother (shaqiq) is one with both parents, called the brothers of the same blood; a half-brother by the father is called the brother by father, whose siblings are called the children of the stepmothers, and a half-brother by the mother is called the brother by mother, whose siblings are called the uterine kin. 1 A milk-brother is one whose mother suckled you, or whom your mother suckled, or whom a single woman suckled with you, or whom a single man's wife suckled with you. 1 Ruling in general. The four schools agree that zakat may be given to brothers of every kind, though the Hanbalis allow it only when a brother does not inherit; if he inherits, it may not be given to him. 1 In inheritance, the father and a male descendant who inherits block all brothers by agreement; the grandfather and any descendant who inherits, even a female one, block the maternal brother; the full brother and the paternal brother inherit with the grandfather according to most jurists, and also with a female descendant who inherits. 1 The paternal brother and the full brother are counted in the grandfather's share, so that his share is reduced, and the full brother takes the share; a brother other than a full brother shares only in the case called the Hujriyya. 2 Degrees of brotherhood vary with the strength of kinship: the full brother is preferred to others, but for bequest to the nearest kin the Shafi'is and Hanbalis put the paternal and maternal brothers alike; the Malikis put the paternal brother before the maternal, and the Hanafi rules imply the same, since they treat bequest as analogous to inheritance. 2 In the guardianship of marriage and in custody, the grandfather precedes the full or paternal brother according to the schools other than the Malikis, while the Malikis give the brother precedence in both. 2 Jurists differ on whether the brother precedes the grandfather in bequest to the nearest kin, on a brother's maintenance by his brother, on freeing him by his brother, on accepting his testimony, and on judgement in his favour. 2 Where the subject is treated. Beyond this, jurists treat brothers among the kin in endowments (waqf). 2

People and things also explored

Taj Mahal· Abawan (the two parents)· Justice among co-wives· Obstructing a marriage (adl): the guardian and the husband· Fleshy growth in the wife's womb and the right to annul (afal)· Ahl al-Nasab (the kin by descent, and who counts as kin in bequests and endowments)· Akdariyya (a named inheritance case)· The Muslim home (al-bayt al-muslim)

Sources

  1. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.1900
  2. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.1901
Cite this page

islam.museum contributors. “Brother (full, paternal and maternal) in law”. islam.museum, https://islam.museum/en/concept/akh/. CC BY-SA 4.0. Last updated 2026-10-23.

Improve this page on GitHub · Report an error · JSON

Wing

Ideas

Beliefs, concepts, sciences and schools, explained in plain words.
Related

Taj Mahal

Shah Jahan's mausoleum for Mumtaz Mahal at Agra (1632–53) — the most famous building of the Islamic world and the pinnacle of Mughal architecture.