Muslim Law of Inheritance — Sunni & Shia (incl. Aul & Radd) — Muslim Law (Family Law II) Notes

Muslim Law of Inheritance — Sunni & Shia

Muslim inheritance is famous for its arithmetic. The Quran itself (Surah An-Nisa, 4:11–12) fixes the fractions: a son takes twice a daughter, a wife takes an eighth if there are children, a mother a sixth. Get the fractions right and the “distribute the estate” problem — asked almost every sitting — is pure calculation.

How does Muslim inheritance work?

First, three preliminary points that decide everything:

No birthright. A Muslim heir has no interest in the property until the ancestor dies — inheritance opens only on death.
Order of payment. From the estate, in order: (1) funeral expenses, (2) debts, (3) legacies (up to the bequeathable one-third), and only then (4) distribution among heirs.
The son : daughter ratio — where sons and daughters take together as residuaries, a son takes twice the share of a daughter (2 : 1).

The Sunni (Hanafi) scheme classifies heirs into three groups:

Sharers (Zavil-furud) — those given a fixed fraction by the Quran: e.g. husband (1/2 with no child, 1/4 with a child); wife (1/4 with no child, 1/8 with a child); mother (1/6 with a child, 1/3 without); father (1/6 with a child, plus residue); daughter (1/2 if alone, 2/3 for two-or-more, but becomes a residuary with a son); full/uterine/consanguine siblings in stated cases.
Residuaries (Asaba) — those who take whatever remains after the sharers, in order of nearness (son, then son’s son, father, brother, etc.). A son converts the daughter into a residuary.
Distant kindred (Zavil-arham) — blood relations who are neither sharers nor residuaries (e.g. daughter’s children, sister’s children); they inherit only if there are no sharers or residuaries (except spouse).

Two corrective doctrines:

Doctrine of Aul (increase). Where the fixed shares add up to more than one (over-subscription), the shares are proportionately reduced by increasing the common denominator — everyone’s fraction shrinks equally.
Doctrine of Radd (return). Where the fixed shares add up to less than one (under-subscription) and there is no residuary, the surplus returns to the sharers in proportion to their shares (the spouse does not share in the return).

Shia scheme (in brief). Shia law groups heirs by class (I: parents and children; II: grandparents and siblings; III: uncles/aunts) and by degree; a nearer class excludes a remoter one. It does not use Aul in the Sunni way (the deficiency/excess is adjusted differently — often against the daughter or the spouse).

Surah An-Nisa (4:11): “Allah commands you as regards your children: to the male a portion equal to that of two females…” — the textual basis of the 2:1 son–daughter ratio and the fixed shares.

In Simple Terms: When a Muslim dies, first pay the funeral, then debts, then legacies (max one-third), then divide the rest. Some heirs get fixed Quranic fractions (sharers), the rest goes to residuaries (a son doubles a daughter). If the fractions add to more than one, shrink them all (Aul); if they add to less and no residuary, return the surplus to sharers (Radd).

🧩 WORKED EXAMPLE — widow, mother, two daughters (with Aul)

Facts. A Sunni woman dies leaving her husband, mother and two daughters. Distribute.

Rule. Husband with children = 1/4; mother with children = 1/6; two daughters = 2/3. If these exceed 1, apply Aul (proportionate reduction).

Apply. Shares: 1/4 + 1/6 + 2/3. Common denominator 12 → 3/12 + 2/12 + 8/12 = 13/12 (over 1). By Aul, raise the denominator to 13: husband 3/13, mother 2/13, daughters 8/13 (4/13 each).

Conclusion. Husband 3/13, mother 2/13, each daughter 4/13 — the classic Aul illustration.

🧩 WORKED EXAMPLE — wife, mother, son, father

Facts. A Hanafi man dies leaving wife, mother, son and father. Distribute.

Rule. Wife with child = 1/8; mother with child = 1/6; father with a son = 1/6 (as sharer); son = residuary.

Apply. Wife 1/8, mother 1/6, father 1/6. Sum = 3/24 + 4/24 + 4/24 = 11/24. Residue 13/24 goes to the son.

Conclusion. Wife 3/24 (1/8), mother 4/24 (1/6), father 4/24 (1/6), son 13/24 (residuary).

flowchart TD
    ROOT["Muslim inheritance (Sunni)"]:::root
    ROOT --> P["Order: funeral > debts > legacies (1/3) > heirs"]:::leaf
    ROOT --> S["Sharers (fixed Quranic fractions)"]:::leaf
    ROOT --> R["Residuaries (Asaba) take the remainder"]:::leaf
    ROOT --> D["Distant kindred (only if no sharer/residuary)"]:::leaf
    ROOT --> A["Aul: shares over 1 → reduce all"]:::leaf
    ROOT --> RA["Radd: shares under 1 → return to sharers"]:::leaf
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    classDef leaf fill:#E6F3FF,stroke:#1E3A8A,color:#000;
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Case Laws

The rule that inheritance opens only on death (no right by birth) is a settled principle of Muslim law derived from the Quranic scheme of succession (Surah An-Nisa, 4:11–12); an heir has only a spes successionis [a mere chance of succeeding] during the ancestor’s life.

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