Brother's son (nephew)

ابن الأخ

The Kuwaiti encyclopedia defines a brother's son as the male issue of a brother, whether full, paternal, maternal or by fostering; when used without qualification the word means the blood relation, and it is used figuratively for a brother's son's son however far down. He takes the place of a brother when none is living, in inheritance, except in five matters: he does not make his sister agnate; the grandfather excludes him; a number of such nephews does not reduce the mother's share from a third to a sixth, unlike brothers; a maternal nephew does not inherit as a fixed-share heir; and a nephew does not take the place of brothers in the musharraka case. The jurists agree that a full or paternal nephew comes before the paternal uncle in inheritance, in bequest to the nearest kin, and in guardianship of marriage; they agree that the grandfather comes before him in custody. The Malikis place him before the grandfather in bequest to the nearest kin and in guardianship of marriage. 1 2

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

Summary

A brother's son is the male issue of a brother, full, paternal, maternal or by fostering; without qualification the word means the blood relation. He takes the place of a brother when none is living, in inheritance, except in five matters. The jurists agree that he comes before the paternal uncle in inheritance, in bequest to the nearest kin and in guardianship of marriage. 1 2

General ruling

The five matters in which a nephew differs from a brother in inheritance are: he does not make his sister agnate; the grandfather excludes him; a number of such nephews does not reduce the mother's share from a third to a sixth; a maternal nephew does not take as a fixed-share heir; and he does not take the place of brothers in the musharraka case. In custody the grandfather comes first. The Malikis place him before the grandfather in bequest to the nearest kin and in guardianship of marriage. 1 2

Where it is discussed

The jurists treat a brother's son in the zakat disbursements, in waqf and bequests to kin, in the revocation of gifts, in inheritance among agnates and those with blood-ties through a female, in the order of marriage guardians, in the prohibited degrees, in fostering, in custody, in judgement and testimony, and in manumission. 2

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.1459
  2. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.1460
Cite this page

islam.museum contributors. “Brother's son (nephew)”. islam.museum, https://islam.museum/en/concept/ibn-al-akh/. CC BY-SA 4.0. Last updated 2026-10-28.

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