ابن الأخ

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}