Explanation of Article 7
After Article (6) clarified the types of kinship and their meanings, this article explains how to calculate the degrees of kinship in its two types, and the kinship by marriage.
The first paragraph explains how to calculate the degree of direct kinship, by counting the branches only ascending to the origin without counting the origin. For example: the grandson is a second-degree relative to his grandfather, as the grandson is one degree and the son is another degree, and the grandfather is not counted because he is the origin. As for the degree of indirect kinship, it is determined by the number of branches ascending from the branch to the common origin and then descending to the other branch, and each branch except the common origin is considered a degree, as stated in the paragraph. For example: a cousin is a fourth-degree relative to his cousin, as he is one degree, then we ascend to the father, which is another degree, and the grandfather is not counted because he is the common origin, then we descend to the uncle, which is another degree, then his son is another degree, making a total of four degrees.
The second paragraph explained another type of kinship, which is kinship by marriage, referring to the relatives of each spouse concerning the other. It is noted that the relatives of the husband do not enter into the family of the wife's relatives but only into the family of the marriage, and vice versa. Kinship by marriage does not connect the relatives of the spouses but connects the relatives of one spouse with the other spouse. It is also noted that the connection of the husband to his wife is not a kinship by marriage but a marital connection.
The degree of kinship of one spouse to a relative of the other spouse is calculated in the manner previously explained, as if the husband is in the place of the wife and vice versa. For example: the husband's grandfather is a second-degree relative to the wife of his grandson, and the wife's cousin is a fourth-degree relative to the husband, and so on.
This article is one of the provisions of the system that extends its rule to include other systems besides this one because it is one of the general rules in civil laws and others. The applications of the article's rule are numerous in judicial and administrative procedures, as several systems have prohibited specific procedures and actions based on the degree of kinship of one party to the transaction or lawsuit with the other. An example of this is the prohibition or disqualification of a judge from hearing a case if one of the parties is a relative or in-law up to the fourth degree, as stated in Articles (94) and (96) of the Law of Sharia Pleadings, and the prohibition of court assistants, such as bailiffs and clerks, from undertaking any work within the scope of their functions in cases involving their relatives or in-laws up to the fourth degree.
It is needless to say that the description of kinship in its direct, indirect, and marital types and its determination as previously mentioned does not apply to the provisions of inheritance, alimony, guardianship, custody, or any personal status matters; as there are specific provisions and descriptions for them in their systems. A person and their kinship family only include those proven to be among them according to the provisions of Islamic Sharia as outlined in the specific systems. A person cannot, by their will, include whoever they wish among the members of their family; as family rights are not subject to the authority of will but are part of the provisions of public order.
Related To
Article 7
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In determining the degree of lineal kinship, each generation of descendants up to the ancestor shall be counted as a degree without counting such ancestor. As for collateral kinship, the degree of kinship shall be counted by the number of generations of descendants upwards from one descendant to the common ancestor and then downwards from the common ancestor to the other descendant. Each generation of descendants, excluding the common ancestor, shall be counted as a degree of kinship.
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The relatives of a spouse shall be considered of the same type and degree of kinship in relation to the other spouse.