The paternal uncle ('amm) in inheritance, guardianship and custody

العَمّ

'Amm, the paternal uncle, is the father's brother, and the plural is a'mam or 'umumah 1. In inheritance the full-blood paternal uncle takes precedence over the half-blood one; when alone he takes the whole estate as agnate, and when there is a sharer he takes what remains; the father, grandfather, brothers and sons of brothers block him, while the maternal uncle is among the distant kin 1 2. The jurists differ on the order of the uncle in washing and praying over the dead 2. In marriage guardianship his place follows the father, grandfather, brothers and nephews by school; the majority hold he may compel his ward to marry, while the Hanafis deny compulsion of an adult woman 2 3. In custody he is ranked by inheritance, and the full-blood uncle precedes the half-blood one 3.

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At a glance

Era
The Prophetic Era
Region
Global / Diaspora
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Family, marriage and kinship

Summary

'Amm is the father's brother; the plural is a'mam or 'umumah 1.

Inheritance

The full-blood paternal uncle takes precedence as an agnate; the father, grandfather, brothers and sons of brothers block him. The maternal uncle is among the distant kin 1 2.

Washing the dead and marriage

The jurists differ on his place in washing and praying over the dead 2. In marriage guardianship he comes after the father, grandfather, brothers and nephews; the majority allow him to compel his ward, while the Hanafis deny compulsion of an adult woman 2 3.

Custody

In custody he is ranked by inheritance, and the full-blood uncle precedes the half-blood one 3.

Where to look further

Inheritance is treated under «irth», custody under «hadana», and the paternal aunt under «amma» 3 4.

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)· Brother (full, paternal and maternal) in law

Sources

  1. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.11841
  2. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.11842
  3. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.11843
  4. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.11844
Cite this page

islam.museum contributors. “The paternal uncle ('amm) in inheritance, guardianship and custody”. islam.museum, https://islam.museum/en/concept/amm-uncle/. CC BY-SA 4.0. Last updated 2026-10-23.

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