Khal (maternal uncle; inheritance and guardianship)

الخال

Khal (maternal uncle) lexically is the mother's brother however far up; the mother's sister is the khala. 1 By consensus the maternal uncle is among the kin who are not sharers or agnates, and inherits as such. 1 The Hanafis and Hanbalis let the maternal uncle inherit when agnates and sharers are absent, on the Quranic verse on the closer of kin and the saying 'the maternal uncle inherits from one who has no heir'; the Malikis and Shafiis deny him inheritance, and the estate goes to the treasury. 1 2 On the maternal uncle's guardianship of a minor girl in marriage, the majority deny it since he is not an agnate, while the Hanafis let him marry her when no nearer guardian exists. 2 The maternal uncle has no guardianship over a minor's property, on which the jurists agree. 3

Depth

At a glance

Era
The Early Abbasid Caliphate
Region
Global / Diaspora
Review
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Law and courts

Summary

Khal (maternal uncle) lexically is the mother's brother however far up; the mother's sister is the khala. 1 By consensus the maternal uncle is among the kin who are not sharers or agnates, and inherits as such. 1 The Hanafis and Hanbalis let the maternal uncle inherit when agnates and sharers are absent, on the Quranic verse on the closer of kin and the saying 'the maternal uncle inherits from one who has no heir'; the Malikis and Shafiis deny him inheritance, and the estate goes to the treasury. 1 2 On the maternal uncle's guardianship of a minor girl in marriage, the majority deny it since he is not an agnate, while the Hanafis let him marry her when no nearer guardian exists. 2 The maternal uncle has no guardianship over a minor's property, on which the jurists agree. 3

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Ahliyya (legal capacity: to have rights and duties, and to act; its stages from the womb to full maturity, and what impairs it)· Democracy and the Sharia — compatibility and conflict· Fatwa on the satellite channels — its benefit and harm· Secularism and Islam — conflict or concord· Stoning (rajm) as a penalty for zina· Allusion to a proposal during the waiting period· Aman (safe-conduct granted to enemies in war)· Amana (trust, deposit and what is entrusted)

Sources

  1. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.7532
  2. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.7533
  3. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.7534
Cite this page

islam.museum contributors. “Khal (maternal uncle; inheritance and guardianship)”. islam.museum, https://islam.museum/en/concept/khal-maternal-uncle/. CC BY-SA 4.0. Last updated 2026-10-23.

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Related

Ahliyya (legal capacity: to have rights and duties, and to act; its stages from the womb to full maturity, and what impairs it)

Ahliyya is lexically suitability, and it is of two kinds: capacity to have rights and duties, the capacity of liability; and capacity to act, that is to perform acts recognised by the law. Its bearer passes through the stages of the foetus, childhood, discernment, puberty and maturity. Liability is complete from birth and incomplete for the foetus; the capacity to act is partial at discernment and full with puberty and reason. It is affected by heavenly impediments such as madness, imbecility, sleep, fainting, illness, slavery, menstruation, childbirth and death, and by acquired ones such as ignorance, drunkenness, jest, folly, travel, error and coercion.