Special cases
Musharakah (المشتركة)
When the fixed shares use up the estate, full siblings join the maternal half-siblings in their 1/3 share. Maliki and Shafi'i apply this. Hanafi doesn't.
The Musharakah ("the shared case") is a case 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).
An example
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, and 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 three of them, without the usual 2:1 male/female split. The reasoning is that they share the same mother, so it's fair to include them in the portion that already goes to her side of the family.
Final shares: husband 1/2, mother 1/6, and the siblings (the 2 maternal half-siblings, the full brother, and any other full siblings) divide the 1/3 equally.
The Hanafi position
Hanafi treats the full sibling as a residuary heir, full stop. Nothing is left, so they get nothing. The husband, mother, and maternal half-siblings keep their full shares.