Agnatic kin (asaba) in inheritance, guardianship and custody

العَصَبَة

In the lexicon, asaba are a man's sons and his paternal relatives, who inherit from him. As a term they are the heirs who have no fixed share in the inheritance agreed upon, and who take what remains after the sharers take theirs, or the whole estate if there are no sharers 1 2. They are set against the sharers (ashab al-furud), who have a fixed share in the Book of God, and against the distant kin (dhawu al-arham), who are relatives with neither a fixed share nor agnatic standing 2. Agnates in inheritance are of three kinds: the agnate in his own right, such as a son; the agnate through another, such as daughters with their brothers; and the agnate with another, such as sisters with daughters. They take what the fixed shares leave, and the whole estate if alone 3. Agnates also have priority in the washing and funeral prayer of the dead, the right to contract a marriage on behalf of a woman, custody of a child when no woman entitled to it is available, and the bearing of blood money for manslaughter, with the Shafi'is excluding the ascendant and descendant from that burden 2 3.

Depth

At a glance

Era
The Prophetic Era
Region
Global / Diaspora
Review
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Family, marriage and kinshipDevelopment of law, theology and institutions

Summary

In the lexicon, asaba are a man's sons and his paternal relatives, who inherit from him. As a term they are heirs with no fixed share agreed upon, who take what remains after the sharers take theirs, or the whole estate if there are no sharers 1 2.

Against sharers and distant kin

The sharers (ashab al-furud) have a fixed share in the Book of God; the distant kin (dhawu al-arham) are relatives with neither a fixed share nor agnatic standing 2.

Kinds of agnate heir

The agnate in his own right, such as a son; the agnate through another, such as daughters with their brothers; and the agnate with another, such as sisters with daughters. They take what the fixed shares leave, and the whole estate if alone 3.

Other rules

Agnates take priority in washing and praying over the dead, in the guardianship of marriage, and in custody when no woman entitled to it is available; they share the blood money for manslaughter with the paternal group, the Shafi'is excluding the ascendant and descendant 2 3.

Where to look further

Inheritance is treated under «inheritance», custody under «hadana», and the paternal group under «aqila» 3.

People and things also explored

Dismissal from office and withdrawal (azl)· Taj Mahal· Abawan (the two parents)· Biting and the liability for injury it causes (add)· Justice and uprightness (adl)· Justice among co-wives· Obstructing a marriage (adl): the guardian and the husband· Contagion (adwa)

Sources

  1. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.11639
  2. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.11640
  3. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.11641
Cite this page

islam.museum contributors. “Agnatic kin (asaba) in inheritance, guardianship and custody”. islam.museum, https://islam.museum/en/concept/asaba/. CC BY-SA 4.0. Last updated 2026-10-23.

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Related

Dismissal from office and withdrawal (azl)

In the lexicon, azl means removal or setting aside, as in removing someone from a post. The supreme imamate is established by the allegiance of those who bind and loose and lasts while its conditions last. Most jurists allow the imam to resign, while one view forbids it. A minister may not dismiss himself, but the imam may dismiss the minister he appointed. A judge may resign; the death of the imam who appointed him does not end his office according to the jurists; and the jurists differ on whether the imam may dismiss him, in three views. A judge loses office on losing a condition such as sanity, speech, hearing or sight, and some schools also count apostasy and wrongdoing; the dismissal does not take effect until word of it reaches him, according to the majority. Dismissal of an agent, guardian, partner in a profit-sharing contract, surety and administrator of an endowment is treated in turn. The entry also treats, under the same heading, withdrawal from a wife or slave-woman: the majority permit it, the wife's consent is disputed, and the jurists list excuses that make it lawful.