Maliki
The Maliki school draws on Al-Mudawwanah al-Kubra, transmitting directly from Imam Malik ibn Anas, distilled into the widely relied-upon Mukhtasar Khalil. A hallmark of Maliki reasoning is a willingness to look past the ordinary priority list to the underlying rationale for a rule, and to group relatives by that shared rationale even when it means departing from the usual paternal-line-first structure.
How It Differs
In a specific and well-known scenario — known as Al-Mushtarakah, or 'the collective sharers' case' — the ordinary fixed shares of a husband, mother, and maternal (uterine) siblings can add up to the entire estate, leaving full siblings with nothing despite being blood relatives through both parents. Hanafi and Hanbali fiqh simply let this happen: the full siblings are excluded. Maliki fiqh instead merges the full siblings into the maternal siblings' shared pool, letting them share in it equally, because they too are inheriting through the same maternal connection in this scenario.
A Worked Example
A woman dies leaving her husband, her mother, two maternal (uterine) siblings, and one full sister — with no surviving father, descendant, or grandfather.
The husband takes his fixed 1/2, and the mother takes 1/6 (reduced from 1/3 because more than one sibling survives). The remaining 1/3, which would ordinarily go only to the two maternal siblings, is instead shared equally among all three siblings — the two maternal siblings and the full sister each receive 1/9 of the estate.
Source: Muntaka Yahaya Aminu, "Analysis of Special Cases of Inheritance According to Maliki Jurisprudence," Direct Research Journal of Social Science and Educational Studies, Vol. 10(7), 2022.
This page offers general educational information, not a personalized legal or religious ruling. Please consult a qualified scholar and legal advisor before acting on it.
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