Son (ibn) in fiqh

ابن

The Kuwaiti encyclopedia gives the literal sense of ibn as the son in direct line by blood, from the back or from the belly; its use for a son's son is figurative, and a foster son, when the word is used alone, is taken as the direct blood son. For the father, the son is every male born to him on a valid bed, under a defective marriage, by a recognised mistaken intercourse, or by a bond of ownership; for the mother, every male she bore from a marriage or from an illicit union, and a male she suckled is a foster son to her. The son is an agnate in his own right and the first of the agnates: he takes the whole estate if alone, and the remainder after the fixed shares, and he is not excluded from inheritance at all. The jurists agree that he inherits the freedman's patronage (wala') before a daughter; the majority hold that he has the right to contract his mother's marriage; and in some schools he bears a share of the blood money and of the oath of qasama in homicide. The son of unlawful intercourse is ascribed to his mother alone. The detailed rules are given in their places: inheritance, marriage, foster-relations, maintenance, custody, descent, offences and the aqiqa. 1 2 3

Depth

At a glance

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

Summary

The Kuwaiti encyclopedia gives the literal sense of ibn as the son in direct line by blood, whether from the back or the belly; its use for a son's son is figurative. For the father, the son is every male born to him on a valid bed, under a defective marriage, by an intercourse mistaken in law, or by a bond of ownership; for the mother, every male she bore from a marriage or from an illicit union. 1 2

General ruling

The son is an agnate in his own right and the first of the agnates. He takes the whole estate when alone, and the remainder after the fixed shares; he makes his sister an agnate with him; and he is not excluded from inheritance at all. The jurists agree that he inherits the patronage (wala') in place of a daughter. The majority hold that he has the right to contract his mother's marriage. The son of unlawful intercourse is ascribed to his mother alone. 2

Where it is discussed

The rules on the son are treated in their places in the books of fiqh: inheritance, marriage, foster-relations, maintenance, custody, descent, unlawful intercourse, offences and the aqiqa. 3

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.1456
  2. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.1457
  3. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.1458
Cite this page

islam.museum contributors. “Son (ibn) in fiqh”. islam.museum, https://islam.museum/en/concept/ibn/. CC BY-SA 4.0. Last updated 2026-10-29.

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