Special cases
Musharakah (المشتركة)
Full siblings join maternal half-siblings in their 1/3 share when the estate is exhausted. Maliki and Shafi'i apply it; Hanafi does not.
The Musharakah — "the shared case" — is a named scenario where the Maliki, Shafi'i, and Hanbali schools allow full siblings to join the maternal half-siblings in their 1/3 share, even though the full siblings would normally be residuary heirs with no remainder to claim. The Hanafi school disagrees and gives the full siblings nothing.
The condition
All of the following must hold:
- Husband present.
- Mother (or grandmother) present.
- Two or more maternal half-siblings.
- One or more full siblings (brother or sister).
- Total fixed shares already exhaust the estate (so the residue is zero).
Walked through
Take husband + mother + 2 maternal half-siblings + 1 full brother. Standard fixed shares:
- Husband (no children): 1/2
- Mother (with siblings present): 1/6
- Two maternal half-siblings together: 1/3
Sum: 1/2 + 1/6 + 1/3 = 1. The estate is exhausted. The full brother, who would normally inherit as residuary, has nothing left to claim.
The Maliki / Shafi'i / Hanbali ruling
The full brother (and any full siblings present) joins the maternal half-siblings in their 1/3 share, dividing it equally among the four of them — without the usual 2:1 male/female split. The reasoning: they share the same mother, so it's just to include them in what's already her line's portion.
Final shares: husband 1/2, mother 1/6, and the four siblings (2 maternal halves + 1 full brother + ... ) divide the 1/3 equally.
The Hanafi position
Hanafi treats the full sibling as residuary by definition. With nothing left, they get nothing. The husband, mother, and maternal half-siblings keep their full shares.