Unit IV — Inheritance, ISA 1925 & Domicile

“To the male a double portion.” — Principle of the Quranic faraid

Sunni Law of Inheritance — Three Classes of Heirs

The Quran fixes inheritance shares so precisely that Islamic jurisprudence built an entire mathematical science around them — ilm-ul-faraid. Under Sunni law, heirs fall into three classes taken in order of priority.

flowchart TD
    ROOT["Sunni Inheritance<br/>(Three Classes)"]:::root
    ROOT --> C1["Class 1: Quranic Heirs<br/>(Zawil-Faraid)<br/>Fixed shares from Quran"]:::class1
    ROOT --> C2["Class 2: Residuaries<br/>(Asabat)<br/>Take what's left"]:::class2
    ROOT --> C3["Class 3: Distant Kindred<br/>(Zawil-Arham)<br/>Only if no Class 1 or 2"]:::class3
    C1 --> Q1["Husband: 1/2 or 1/4"]:::share
    C1 --> Q2["Wife(ves): 1/4 or 1/8"]:::share
    C1 --> Q3["Daughter(s): 1/2 or 2/3"]:::share
    C1 --> Q4["Father: 1/6 (if son)"]:::share
    C1 --> Q5["Mother: 1/3 or 1/6"]:::share
    C2 --> A1["Son (primary residuary)<br/>excludes son's son"]:::asaba
    C2 --> A2["Father (if no son/SS)"]:::asaba
    C2 --> A3["Brother, uncle, etc."]:::asaba

    classDef root fill:#FFF8DC,stroke:#000,stroke-width:2px,color:#000;
    classDef class1 fill:#D4EDDA,stroke:#155724,color:#000;
    classDef class2 fill:#FFF3CD,stroke:#856404,color:#000;
    classDef class3 fill:#F8D7DA,stroke:#721C24,color:#000;
    classDef share fill:#E6F3FF,stroke:#1E3A8A,color:#000;
    classDef asaba fill:#FFF3CD,stroke:#856404,color:#000;
    linkStyle default stroke:#888,stroke-width:1px;

Class 1 — Quranic Sharers (Zawil-Faraid): twelve heirs take a fixed fraction set by the Quran (husband 1/2 or 1/4; wife 1/4 or 1/8; one daughter 1/2, two-or-more 2/3; father 1/6; mother 1/3 or 1/6, and so on — the lower figure applying where a child exists). Class 2 — Residuaries (Asabat): male-line relatives (and certain females alongside a corresponding male) take whatever residue remains after the sharers, in the 2:1 male-to-female ratio — son excludes son’s son; father excludes grandfather; full brother excludes consanguine brother. Class 3 — Distant Kindred (Zawil-Arham): other blood relatives (daughter’s children, maternal uncles) inherit only when there is no sharer or residuary.

The Doctrines of Aul and Radd

What if the fixed Quranic fractions do not add up to exactly one? Islamic law has two elegant mathematical safety-valves.

flowchart TD
    ROOT["Aul and Radd"]:::root
    ROOT --> AUL["Doctrine of AUL<br/>(Shares > Estate)"]:::aul
    ROOT --> RADD["Doctrine of RADD<br/>(Shares < Estate)"]:::radd
    AUL --> A1["Fixed shares sum to<br/>MORE than the whole estate"]:::prob
    A1 --> A2["Increase the denominator;<br/>each heir gets proportionally less"]:::sol
    RADD --> R1["Fixed shares sum to LESS<br/>than the estate + no residuaries"]:::prob
    R1 --> R2["Return the surplus to the<br/>Quranic heirs proportionally"]:::sol
    R2 --> R3["Husband & Wife<br/>EXCLUDED from Radd (Sunni)"]:::warn

    classDef root fill:#FFF8DC,stroke:#000,stroke-width:2px,color:#000;
    classDef aul fill:#F8D7DA,stroke:#721C24,color:#000;
    classDef radd fill:#D4EDDA,stroke:#155724,color:#000;
    classDef prob fill:#FFF3CD,stroke:#856404,color:#000;
    classDef sol fill:#E6F3FF,stroke:#1E3A8A,color:#000;
    classDef warn fill:#F8D7DA,stroke:#721C24,color:#000;
    linkStyle default stroke:#888,stroke-width:1px;

Aul (increase): when the fractions exceed 1, the common denominator is raised so they sum to one — every sharer is reduced proportionally. Example: husband 1/4 + two daughters 2/3 + full sister 1/6 → over a denominator of 12 that is 3 + 8 + 2 = 13/12; under Aul the denominator becomes 13, so the husband takes 3/13, daughters 8/13, sister 2/13 (Ghulam Waris v. Wazir Ali, 1928). Radd (return): when the fractions sum to less than 1 and there are no residuaries, the surplus is returned to the Quranic heirs in proportion — but under Sunni law the husband and wife are excluded from Radd (Bibi Sadiq v. Bibi Fatima, 1932). Under Shia law neither Aul applies in the same way, and the spouse can take by Radd.

Shia Inheritance, Domicile & the ISA 1925

Shia inheritance rests on proximity of blood: the nearer degree of kinship excludes the more remote, regardless of the rigid three-class Sunni scheme; relatives of the same degree share equally, the strict residuary doctrine is not applied, and a wife may take by Radd. Domicile — the legal system a person is connected with for personal-law purposes — is of three kinds: domicile of origin (at birth), domicile of choice (acquired by residence + intention to remain permanently), and domicile of dependence (of minors and, formerly, married women). The Indian Succession Act, 1925 governs intestate and testamentary succession for Christians and Parsis (and Wills generally), supplying the framework studied in Unit V — including succession certificates, probate, and letters of administration.

✏️ Sample Solved Problem (IRAC Method)

Problem: A Sunni Muslim dies leaving a widow, a son, and a daughter. Distribute his estate.

I — Issue

What share of the estate does each of the widow, the son, and the daughter take under Sunni inheritance law?

R — Rule

A wife, where the deceased leaves a child, takes 1/8 as a Quranic Sharer (S. inheritance: Zawil-Faraid)
The son and daughter are residuaries (Asabat bil-ghair) who take the residue together in the ratio 2:1 — “to the male a double portion”

A — Analysis

First the fixed Sharer is paid: because a child survives, the widow’s Quranic share drops from 1/4 to 1/8. The remaining 7/8 is the residue, divided between son and daughter in the 2:1 ratio. To keep whole numbers, take the estate as 24 parts: the widow takes 1/8 = 3 parts; the remaining 21 parts split as son : daughter = 2 : 1, i.e. 14 parts to the son and 7 parts to the daughter. The decoy is to forget that the widow’s share contracts in the presence of children, or to split the residue equally instead of 2:1.

C — Conclusion

Out of 24 parts: Widow = 3/24 (1/8), Son = 14/24, Daughter = 7/24. The son takes exactly double the daughter’s share, after the widow’s fixed one-eighth.

📄 The full PDF bundle has more problems for Unit IV — including the son’s-son-vs-brothers exclusion problem, full worked Aul and Radd numericals, the Sunni-vs-Shia inheritance comparison, domicile and ISA 1925 coverage (succession certificate, probate, letters of administration), the complete Master Case List, and 16-mark essay blueprints. Get the bundle — ₹149