Mirath - The Laws of Islamic Inheritance

This is one place that both the second and third principles are
actuated. Through the second principle we know that the brothers are
more closer to the deceased than their offspring and thus they will
inherit and their sons will be bereft in their presence.
Thereafter, through the third principle (The stronger ties exclude the
weaker ties), we see that in the presence of the (full) brother, the
consanguine brother is bereft. So the order in this would be that of the
brother, then the consanguine brother, then the brother’s son, then the
consanguine brother’s son, then the brother’s grandson, etc.
One can also note that in the presence of a sister who is a residuary
heir, the consanguine brother will not inherit, as her status will be akin
to that of a brother, whose tie is stronger.
Note: One may notice that a (full) brother does not prevent a uterine
brother or sister from inheriting. Scholars, by consensus, have stated
that uterine siblings are mentioned in the Qur’\n as having a share in
the event of the deceased being a Kal\lah - one without male
antecedents and no descendants at all. No other relative has been
mentioned who would exclude them from inheritance. This is the
>\hir (apparent meaning) of the Qur’\n.
In addition to that, the following A#\d|th also explain the situation:
The Messenger r had ordained, “...Indeed the siblings of the mother’s
offspring inherit when the consanguine siblings do not. at-Tirmidh|
It has been authentically transmitted that Zayd ibn Th\bit, one of the
most prominent %a#\bah in the field of inheritance, used to give the
above verdict (Fatw\).
al-*\kim
Thus, this is a unanimous ruling.
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