What is the Law of Inheritance under Muslim Law?

Introduction to the Law of Inheritance under Muslim Law 

Islamic inheritance laws are based on principles set forth in the Quran, emphasizing a structured distribution of assets among heirs. Unlike other systems, Islamic law does not support co-tenancy; instead, successors inherit as tenants-in-common, with defined shares rather than joint ownership. Upon a Muslim's death, their property passes directly to specified heirs rather than remaining in a family arrangement, as noted in the Abdul Raheem v. Land Acquisition Officer[1], which clarified that joint family structures are not recognized in Islamic inheritance.

Inheritance under Islamic law is not a birthright; only surviving heirs are entitled to inherit. A posthumously born child may inherit if born alive, but rights are forfeited if the child is stillborn. Both male and female heirs have rights, although women generally receive half of what male counterparts do due to differing financial responsibilities within the family. Islamic law designates sharers (Quranic heirs) and residuaries (traditional heirs) as two primary classes of successors. This system, established by the Quran, broadened inheritance rights to include previously excluded individuals. However, interpretations vary slightly between Sunni and Shia sects, leading to some differences in how inheritance is distributed.

Sunni Inheritance Law 

The Sunni inheritance system, governed primarily by the Hanafi school in India, aims to balance Quranic teachings with traditional customs. The Hanafi principles designate Quranic heirs, ensuring they receive a share while maintaining portions for customary heirs to uphold traditional family structures. Although women were added to the heir class, the preference remains for male agnates over female cognates. Under Hanafi law, two situations clarify the heir distribution:

• If a Quranic heir is closer in relation to the deceased than a customary heir, they inherit first, leaving any remaining estate to the customary heir.
• If both heirs are equally related to the deceased, the customary heir receives double the share given to the Quranic heir.

While agnates generally have priority over cognates in inheritance, cognates such as uterine siblings are included in the line of succession, ensuring no total exclusion of cognates. In cases where both sharers (Quranic heirs) and residuaries (traditional heirs) are absent, the estate is transferred to “distant kindred,” or extended family members. If there are no such relatives, the inheritance is passed to the state under escheat law. Sunni inheritance also operates on a per capita distribution, dividing the estate equally among heirs, meaning the share size is influenced by the number of heirs present.

Shia Inheritance Law

The Shia inheritance system follows the principles of the Ithna-Ashari law, interpreting Quranic teachings broadly, creating an independent inheritance structure. Shia law adopts a per strip approach, where heirs inherit based on family branches, creating a unique distribution that contrasts with Sunni law. Unlike Sunni law, Shia law does not prioritize male heirs over female heirs or agnates over cognates, though women receive half the share of men in the same relationship tier.

Inheritance in Shia law is guided by two fundamental relationships:

• Nasab: Consanguinity or blood relations, including family lineage through birth.
• Sabab: Relationships formed by marriage or special cause, allowing heirs by affinity to inherit.

This system allows collateral relatives (e.g., siblings), ascendants (e.g., parents), and descendants (e.g., children) to inherit together without a strict hierarchy, thus enabling a more equal distribution across relatives based on bloodlines rather than gender or generational proximity.

Spes Successionis under Muslim Law 

• The doctrine of spes successionis, derived from Latin for "expectation of succession," refers to the anticipated inheritance by a person presumed to be an heir. However, this expectation does not confer any legal claim or ownership over the property before the owner's passing. Under Indian law, specifically Section 6(a) [2] of the Transfer of Property Act, 1882, the transfer of spes successionis is prohibited, recognizing that mere hope or chance of inheriting property does not grant rights of ownership or transfer.
• In contrast, Muslim inheritance law does not formally acknowledge the spes successionis rule, thereby permitting some flexibility regarding expected inheritance. According to this perspective, a Muslim heir’s anticipated right to inherit does not constitute a legal interest that can be released or transferred prior to the actual inheritance.
• This principle was highlighted in the case of Shehammal v. Hasan Khani Rawther and Ors.[3], where a family arrangement involved a respondent renouncing his anticipated inheritance for financial compensation, before he had legally inherited any portion of the estate. The court examined whether a Muslim could relinquish inheritance rights before acquiring them under a family agreement. It ruled that spes successionis could be set aside in such family arrangements or when consideration is involved, allowing a presumed heir to waive their expected inheritance rights under specific conditions. This ruling illustrates the nuanced application of inheritance principles in Muslim law, where the rigid application of spes successionis may be relaxed in family settlements or for legitimate consideration. 

Class of Heirs in Islamic Law 

In Islamic law, the structure of inheritance is distinct between the Sunni and Shia branches, though both recognize two primary categories of heirs: Sharers and Residuaries. Sunni law adds a third class, Distant Kindred, for situations where no direct sharers or residuaries exist. The organization, hierarchy, and share distribution for each heir differ significantly between the two branches, with distinct rules regarding exclusions, circumstances, and priority.

Sunni Hanafi Law: Class of Heirs

Sunni Hanafi inheritance law organizes heirs into three primary classes:

1. Sharers: These are Class I heirs who inherit a predetermined share of the estate as stated in the Quran. There are twelve recognized sharers:

• Wife (Widow): Entitled to 1/8 of the estate if the deceased had children; otherwise, she receives 1/4.
• Husband: Receives 1/2 of the estate if the deceased was childless; otherwise, 1/8.
• Daughter: Entitled to half the estate if she is the only child; two-thirds if there are multiple daughters.
• Son’s Daughter: Receives 1/2 if she is the sole daughter; two-thirds if there are two or more, but may become residuary if there is a son’s son.
• Full Sister: Receives 1/2 if she is alone, and two-thirds if there are multiple full sisters. She becomes a residuary when a full brother is present.
• Consanguine Sister: Receives 1/2 if alone or two-thirds with multiple consanguine sisters; may become residuary in the presence of a consanguine brother.
• Uterine Siblings (Brother/Sister): Entitled to 1/6 if alone, or 1/3 collectively if there are two or more uterine siblings.
• Mother: Receives 1/6, or 1/3 if there are no children or siblings of the deceased. In some cases, she may receive 1/3 of the remaining estate after accounting for spousal shares.
• Father: Always receives 1/6 and becomes a residuary if no children exist.
• True Grandmother/Grandfather: Each entitled to 1/6 under specific circumstances, with the grandfather sometimes becoming a residuary if no other descendants exist.

2. Residuaries: This class of heirs inherits the remaining estate after the sharers' portions are allocated. The Quranic residuaries are members who were initially sharers but become residuaries in specific conditions, such as the presence of certain other heirs (e.g., a daughter becomes residuary if there is a son).

Sunni law classifies residuaries into:

• Ascendants (e.g., parents, grandparents),
• Descendants (e.g., children, grandchildren), and
• Collaterals (e.g., siblings, uncles).

3. Distant Kindred: This group inherits only when there are no sharers or residuaries and includes distant blood relations not directly recognized in the sharers or residuaries lists, organized similarly into Descendants, Ascendants, and Collaterals.

Shia Law: Class of Heirs

In Shia law, heirs fall into two main classes:

1. Class I Heirs (Primary Heirs):

• Includes the Husband/Wife, Father, Mother, Daughter, Son, and Grandchildren. These heirs are always prioritized and have a direct claim to inheritance, ensuring marital heirs are not excluded under any circumstances.
• Distant kindred do not inherit in Shia law, as it does not recognize their claim. Thus, if no sharers or residuaries are present, the property escheats to the state.

2. Class II Heirs (Secondary Heirs):

• These heirs include Parents, Siblings, Grandparents, Maternal Uncles/Aunts, Paternal Uncles/Aunts, and their respective descendants, organized into three subclasses, ranked in priority.
• The estate is distributed among Class II heirs only if no Class I heirs are alive.

Escheat: If no eligible heir exists in any class, the property reverts to the state through the doctrine of escheat.

The Radd and Aul Doctrines 

The division of shares among heirs in Islamic inheritance law can be complex, especially when dealing with fractions that do not sum to unity (1). To address these discrepancies, the doctrines of Radd (Return) and Aul (Increase) are applied. These doctrines offer solutions in cases where the shares awarded to heirs are either greater or less than unity, ensuring that the distribution remains fair and within Islamic principle.

1. Doctrine of Radd (Return)

The Doctrine of Radd applies when the total shares assigned to heirs sum up to less than unity. In such cases, the remaining fraction is redistributed among the heirs according to their respective entitlements. This ensures that no portion of the inheritance is left unassigned, and that all shares are fully utilized.

For instance, consider the case where a mother and her daughter inherit from a deceased relative. The mother is entitled to 1/2 (one-half) of the estate, and the daughter is entitled to 1/6 (one-sixth). When we add these fractions together, the total share is 2/3, or two-thirds, which is less than the whole (1). Therefore, the remaining 1/3 of the estate is unassigned. In such a situation, if there are no other heirs who would normally inherit the remainder, the residual 1/3 is returned and redistributed among the shares of the mother and daughter, in accordance with the Radd Doctrine. This ensures that all portions of the estate are assigned according to the original shares.

2. Doctrine of Aul (Increase)

The Doctrine of Aul comes into play when the total shares of the heirs exceed unity. In such cases, the shared fractions must be adjusted to bring the total back to unity. The Doctrine of Aul achieves this by proportionally reducing the fractions of each heir.

A classic example of the Aul Doctrine is the case of a deceased Muslim woman who leaves behind her husband, father, and two children. The husband is entitled to 1/4 (one-fourth) of the estate, the father receives 1/6 (one-sixth), and the two children are entitled to 2/3 (two-thirds) in total. Adding these shares together results in 13/12, which exceeds unity (1). To resolve this, the shares are adjusted.

By applying the Doctrine of Aul, the fractions of the heirs are adjusted so that their total sums to unity. First, the denominators of the fractions are raised to a common total. In this case, the total is 12 (the least common denominator of the fractions). Then, the fractions are modified accordingly:

• The husband’s share becomes 2/13 (two-thirteenths),
• The father’s share becomes 3/13 (three-thirteenths),
• The two children’s combined share becomes 8/13 (eight-thirteenths).

Thus, the share of each heir is reduced proportionally, ensuring that the total inheritance is distributed according to Islamic law, with no excess beyond unity.

Differences Between Sunni and Shia Views on the Doctrines 

It is important to note that while both Radd and Aul are acknowledged in Sunni jurisprudence, the Shia community rejects the Aul Doctrine. Shia scholars do not apply the concept of proportional reduction when the shares exceed unity, and they generally reject the redistribution of shares under the Radd doctrine as well. As such, the two sects have different approaches to the redistribution of inheritance when fractions are involved.

[1]  AIR 1989 AP 318.

[2] The Transfer of Property Act, 1882, s. 6(a).

[3] AIR 2011 SC 3609.

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