General Principles of Inheritance
Distinction between Sunni and Shia Rules of Inheritance
Islamic law of inheritance is primarily derived from the Qur’an, Hadith, Ijma, and Qiyas, but its implementation varies between the two major sects — Sunni and Shia.
Sunni Law
Key Features:
- Sunni law is based mainly on the Hanafi school among others like Maliki, Shafi’i, and Hanbali.
- Recognition of only three classes of heirs — Quranic heirs (Sharers), Agnatic heirs (Residuaries), and Distant kindred.
- Generally follows a rigid application of the Qur’anic text without much interpretation.
- Does not usually recognize the doctrine of representation (except under statutory intervention).
Shia Law
Key Features:
- Follows the Ja’fari (Twelver) school of thought.
- Divides heirs into heir classes or tiers (e.g., parents and children in one group; siblings in another).
- Excludes agnatic heirs and places more emphasis on blood relations.
- Gives preference to uterine relations, e.g., full sisters may exclude consanguine sisters.
Conclusion: While the core principle — ensuring just and fixed shares — remains intact in both sects, their approach to priority, exclusion, and shares differs significantly.
No distinction between movable and immovable property
Islamic inheritance law does not differentiate between movable (cash, jewellery, vehicles) and immovable (land, buildings) property.
Both categories are treated as part of the deceased’s estate and are subject to the same rules of distribution.
Implication:
- Heirs are entitled to shares in the total value of the estate, regardless of the nature of the property.
- No special treatment or categorization is made like in common law traditions.
Example 1. A person dies leaving ₹2,00,000 in cash, a car, and a house. Will the law treat them differently?
Answer:
No distinction between male and female heirs
Islamic law recognizes both male and female heirs and grants them fixed shares from the estate.
However, it is true that male heirs often receive double the share of female heirs in similar positions (e.g., son vs. daughter), as mentioned in the Qur’an:
“To the male, a portion equal to that of two females…” — Surah An-Nisa (4:11)
Rationale:
- In Islamic society, financial responsibility typically lies with males (e.g., dowry, maintenance of wife and children).
- Despite the difference in share, female heirs are fully protected and cannot be excluded.
Equal Status as Legal Heirs:
- Both genders inherit directly from the deceased.
- Neither gender can be excluded simply based on sex.
Example 2. A father dies leaving one son and one daughter. How will the estate be divided?
Answer:
No right of representation
Right of representation means a descendant inheriting the share of a deceased intermediary heir. For example, a grandchild inheriting in place of a predeceased son.
In Islamic law:
- This principle does not apply — i.e., heirs inherit directly from the deceased, not through another heir.
- If a son dies before the father, his children (the deceased's grandchildren) generally do not inherit in place of him, especially under Sunni law.
Difference Between Sunni and Shia Schools:
- Sunni law: Strictly does not recognize right of representation.
- Shia law: Allows some representation among certain classes, especially when no nearer heir is present.
Example 3. A man’s son dies before him, leaving children. Can the grandchildren inherit the son’s share?
Answer:
Classification of Heirs
Sunni Law: Sharers, Residuaries, Distant Kindred
Under Sunni Islamic Law, legal heirs are classified into three distinct categories:
Sharers (Zawil Furuz)
Definition:
Sharers are those heirs who are allotted a fixed portion of the deceased’s estate as specified in the Qur'an.
Common Sharers and Their Shares:
| Sharer | Share (in absence of other heirs) |
|---|---|
| Husband | $\frac{1}{2}$ |
| Wife | $\frac{1}{4}$ |
| Daughter (single) | $\frac{1}{2}$ |
| Daughters (2 or more) | $\frac{2}{3}$ |
| Mother | $\frac{1}{3}$ |
| Father | $\frac{1}{6}$ (if children exist) |
| Note: Actual share may vary depending on presence of other heirs. | |
Distribution among Residuaries (Asabah)
Definition:
Residuaries are heirs who take the residue of the estate after the sharers receive their fixed portions. If no sharers are present, they take the whole estate.
Types of Residuaries:
- Residuaries in their own right – e.g., son, father (if no children), brother
- Residuaries in another’s right – e.g., paternal grandson with a daughter
- Residuaries together with another – e.g., full sister with daughter
Rules of Distribution:
- The residuary nearest in degree excludes the others.
- Males generally exclude females of the same degree (e.g., brother excludes sister).
- Among residuaries of equal degree, the estate is distributed according to the principle of ta’sib — males get double the share of females.
Distant Kindred (Zawil Arham)
Definition:
Distant kindred are blood relatives who do not fall into the category of sharers or residuaries — e.g., maternal uncles, paternal aunts, etc.
Distribution:
They inherit only when no sharers or residuaries are present. Sunni law is cautious in admitting distant kindred.
Example 1. A man dies leaving behind a wife, two daughters, and a father. How will the estate be distributed?
Answer:
- Wife gets $\frac{1}{8}$ (as there are children)
- Daughters get $\frac{2}{3}$ (collectively)
- Father gets the remainder as a residuary
Shia Law: First Class Heirs, Second Class Heirs, Third Class Heirs
Under Shia (Ja’fari) law, heirs are divided into three hierarchical classes. The presence of an heir in a higher class excludes those in the lower class.
First Class Heirs
Includes:
- Children and their descendants
- Parents
They are given first priority in inheritance. If they are present, no one from second or third class can inherit.
Second Class Heirs
Includes:
- Grandparents
- Siblings (full and half-blood)
- Children of siblings
Third Class Heirs
Includes:
- Paternal and maternal uncles and aunts
- Cousins
- Other distant relatives
General Rules of Distribution:
- Heirs in the nearer class exclude the more remote classes.
- Among equals, priority is determined by proximity of blood and gender (males receive more than females).
- Unlike Sunni law, representation is allowed, so a child of a predeceased son can inherit in his place.
Example 2. A person dies leaving a daughter, mother, and brother. Who inherits under Shia law?
Answer:
Specific Rules of Inheritance
Sunni Law Examples
Distribution of property to Husband/Wife, Daughter, Son, Father, Mother
Example 1. A Muslim man dies leaving behind a wife, one son, one daughter, father, and mother. How is the estate distributed under Sunni law?
Answer:
According to Sunni Hanafi law:
- Wife gets $\frac{1}{8}$ (as there are children)
- Mother gets $\frac{1}{6}$
- Father gets $\frac{1}{6}$ as a sharer and the rest as residuary
- Son and Daughter take the residue in a 2:1 ratio
Explanation: The estate is divided into 24 shares:
- Wife: 3 shares
- Mother: 4 shares
- Father: 4 shares + residue
- Remaining shares (13) go to son and daughter in 2:1 ratio
- Son: 8.66 shares, Daughter: 4.33 shares (approximately)
Shia Law Examples
Distribution of property to Husband/Wife, Daughter, Son, Father, Mother
Example 2. A Shia Muslim woman dies leaving behind a husband, one son, one daughter, father, and mother. How is the estate distributed under Shia law?
Answer:
According to Shia law:
- Husband gets $\frac{1}{4}$ (as there are children)
- Father and Mother are both first-class heirs and take fixed shares
- Children inherit the residue, son gets double the share of daughter
The exact distribution depends on the value of the estate, but unlike Sunni law, no residuary rule applies strictly. Shares are calculated from fixed rules without over-dependence on ta'sib.
Rule of Radd (Return)
Radd is the principle of returning the residue of the estate to the existing sharers when there are no residuaries.
Application:
- Applied in Sunni law when after giving fixed shares, some portion of the estate remains and there are no residuaries.
- The remaining amount is proportionately redistributed among existing sharers (except husband or wife).
Example 3. A woman dies leaving only her daughter. What happens to the remaining estate?
Answer:
Daughter gets $\frac{1}{2}$ as her fixed share. The remaining $\frac{1}{2}$ will be returned to her through Radd, making her the sole heir.
Rule of Aul (Increase)
Aul is a principle applied when the total of fixed shares exceeds the whole estate ($1$ or $100\%$).
Application:
- The estate is proportionately reduced to fit the total of all sharers' entitlements.
- Each sharer's portion is scaled down to maintain proportionality.
Example 4. A person dies leaving behind a wife, two daughters, and parents. Their total claim exceeds 1.
Answer:
Suppose their shares sum to $\frac{13}{12}$. Each share is adjusted by multiplying it with $\frac{12}{13}$ to bring the sum back to 1.
Rule of Return (Radd) and Increase (Aul) in Shia Law
In Shia law, both Radd and Aul are acknowledged but applied with differences.
Return (Radd)
- If after allotting shares, surplus remains, and there are no residuaries, it is returned to the surviving heirs.
- Husband and wife are not entitled to any portion under Radd.
Increase (Aul)
- If the sum of shares exceeds the whole estate, the shares are proportionally reduced.
- This rule is rarely applied in Shia law because shares are fixed in most cases and strictly followed.
Example 5. A Shia woman dies leaving behind a mother, a daughter, and no residuaries.
Answer:
Daughter gets $\frac{1}{2}$ and mother gets $\frac{1}{6}$. The remaining $\frac{1}{3}$ is returned (Radd) proportionately to daughter and mother.