This note sets out the tables of heirs and the working rules for distributing a Muslim estate under both the Sunni (Hanafi) and Shia (Ithna Ashari) systems. The general principles, including the one third ceiling, the order of application of the estate, and the rule against representation, are in FL2-4.4 and are assumed throughout.
Part A: The Sunni (Hanafi) Scheme
The Twelve Sharers
Under Hanafi law there are twelve Quranic heirs (sharers), each entitled to one of six specified fractions.
| Sharer | Normal share | Reduced share (and when) |
|---|---|---|
| Husband | 1/2 (no child or child of a son) | 1/4 (child or child of a son howsoever low) |
| Wife (one or more) | 1/4 (no child or child of a son) | 1/8 (child or child of a son howsoever low) |
| Father | 1/6 (child or son's child exists) | Residuary if no child; 1/6 plus residue if only daughters |
| Paternal grandfather (true, howsoever high) | 1/6 (child or son's child exists) | Same as father, but only when father is not alive |
| Mother | 1/3 (no child, no son's child, not two or more siblings) | 1/6 (child, son's child, or two or more siblings) |
| Grandmother (true maternal or paternal) | 1/6 (no mother and no nearer grandmother) | Excluded by the mother |
| Daughter | 1/2 (one, no son) | 2/3 (two or more, no son). Becomes residuary with a son |
| Son's daughter (howsoever low) | 1/2 (one, no higher daughter or son) | 1/6 (with one daughter). Excluded by son or by two daughters unless a son's son converts her |
| Full sister | 1/2 (one, no child, no son's child, no father) | 2/3 (two or more). Residuary with a brother. Residuary with a daughter |
| Consanguine sister | 1/2 (one, no full sister, no child, no father) | 1/6 (with one full sister). Excluded by full brother, son, father |
| Uterine brother | 1/6 (one, no child, no son's child, no father, no grandfather) | 1/3 (two or more) |
| Uterine sister | 1/6 (one, same conditions) | 1/3 (two or more). Shares equally with uterine brothers |
Residuaries (Asabat)
After the sharers take their fractions, the residue passes to the residuaries. If there are no sharers, the residuaries take the entire estate.
| Sub-class | Rule | Examples |
|---|---|---|
| In his own right (bi-nafsihi) | Any male in whose line of connection to the deceased no female intervenes | Son, son's son, father, grandfather, full brother, consanguine brother, full paternal uncle |
| In another's right (bi-ghairihi) | A female who becomes a residuary by standing with a male of the same degree | Daughter with son (2:1), son's daughter with son's son, full sister with full brother, consanguine sister with consanguine brother |
| Together with another (ma'a ghairihi) | A female who becomes a residuary by standing with a female of a lower class | Full sister or consanguine sister with a daughter or son's daughter |
Priority among residuaries: Class, then degree, then strength of blood.
- Class: Descendants first, then ascendants, then brothers and their issue, then paternal uncles and their issue.
- Degree: Nearer in degree excludes the more remote within the same class.
- Strength of blood: Full blood excludes half blood of the same class and degree.
Distant Kindred (Dhawu'l-Arham)
These are blood relatives who are neither sharers nor residuaries. They inherit only when there is no sharer and no residuary.
| Category | Examples |
|---|---|
| Children of daughters, and their descendants | Daughter's son, daughter's daughter |
| Descendants of sisters and uterine brothers | Sister's son, uterine brother's son |
| False grandfathers and false grandmothers | Maternal grandfather, father's mother's father |
| Daughters of brothers and paternal uncles | Full brother's daughter, paternal uncle's daughter |
The Doctrine of Aul (Increase)
When the total of the Quranic shares exceeds unity, the common denominator is increased so that each sharer's fraction is reduced proportionally.
Worked example: Husband (1/2), two full sisters (2/3), mother (1/6). Total = 1/2 + 2/3 + 1/6 = 4/6 + 4/6 + 1/6... Recalculated: LCM of 2, 3, 6 = 6. Shares: 3/6 + 4/6 + 1/6 = 8/6. The denominator increases from 6 to 8. Each takes proportionally: Husband 3/8, two sisters 4/8, mother 1/8.
The Doctrine of Radd (Return)
When the Quranic shares do not exhaust the estate and there is no residuary, the surplus returns to the sharers in proportion to their shares.
Hanafi exception: The husband and wife are excluded from radd. The surplus returns only to blood sharers.
Part B: The Shia (Ithna Ashari) Scheme
The Shia system uses a fundamentally different classification.
Structure: Two Groups, Three Classes
| Group | Basis |
|---|---|
| Heirs by consanguinity (nasab) | Related by blood, divided into three classes |
| Heirs by special cause (sabab) | Husband and wife only |
Within each group the heirs are arranged in classes, and within each class in degrees. A nearer class excludes a more remote class entirely.
| Class | Heirs included |
|---|---|
| Class I | Parents and children (and descendants of children howsoever low) |
| Class II | Grandparents (howsoever high) and brothers and sisters (and their descendants howsoever low) |
| Class III | Paternal uncles and aunts, maternal uncles and aunts, and their descendants |
The spouse always inherits alongside any class. The husband or wife is never excluded by the presence of other heirs.
Shares Under the Shia System
The Shia sharers are the same twelve as in Sunni law, but the manner of distribution differs at the point where shares exceed unity or leave a surplus.
| Heir | Share | Notes |
|---|---|---|
| Husband | 1/4 (with child) or 1/2 (without) | Same as Sunni |
| Wife | 1/8 (with child) or 1/4 (without) | Same as Sunni |
| Father | 1/6 (with child) | Takes residue if no child. Same as Sunni in this respect |
| Mother | 1/6 (with child or two or more siblings) or 1/3 | Same as Sunni |
| Daughter | 1/2 (one, no son) or 2/3 (two or more, no son) | Same as Sunni |
| Son | Residuary | Same as Sunni |
The detailed sub-rules for Class II and Class III heirs differ from Sunni law and are best learned from worked problems rather than memorised from tables.
Key Differences from the Sunni Scheme
| Basis | Sunni (Hanafi) | Shia (Ithna Ashari) |
|---|---|---|
| Classification | Sharers, Residuaries, Distant Kindred | Classes I, II, III by consanguinity, plus spouse by sabab |
| Aul (increase) | Applied; all sharers reduced proportionally | Rejected. If shares exceed unity, the loss falls only on daughters and sisters, not on all |
| Radd (return) | Husband and wife both excluded | Only the husband excluded; the wife takes by radd |
| Residuary concept | Used; males take the residue | Not used as a formal category. Males in the same degree take what remains, but the label and the priority system differ |
| Distant kindred | Inherit only if no sharer and no residuary exist | Better chance; since the residuary class does not operate as a gate, blood relatives in the relevant class may inherit more readily |
| Full sister as residuary with a daughter | Yes (residuary together with another) | Not recognised; the sister does not become a residuary by standing with a daughter |
| Uterine relatives | Uterine brother and sister: sharers | Uterine relatives fall into Class II and are not sharers in the Shia sense |
| Grandmother | A true grandmother takes 1/6 as sharer | Grandmother falls into Class II and inherits only if no Class I heir survives |
Aul: The Shia Position Explained
The Shia schools reject the doctrine of aul on the ground that God would not assign shares that total more than the estate. When the problem arises, Shia law resolves it by reducing the shares of those heirs who are both sharers and residuaries in potential, which in practice means daughters and sisters. The husband, wife and mother always take their full Quranic share undiminished.
Radd: The Shia Position Explained
Under Shia law, when shares do not exhaust the estate:
- The surplus returns to the blood sharers in proportion.
- The wife participates in radd (unlike in Hanafi law).
- Only the husband is excluded from radd.
Worked Example: Sunni Distribution
Estate: Rs. 120 lakhs (net). Heirs: Wife, one daughter, one son, mother.
| Step | Heir | Calculation | Amount |
|---|---|---|---|
| 1 | Wife (sharer) | 1/8 of Rs. 120 lakhs | Rs. 15 lakhs |
| 2 | Mother (sharer) | 1/6 of Rs. 120 lakhs | Rs. 20 lakhs |
| 3 | Residue | Rs. 120 lakhs minus Rs. 15 lakhs minus Rs. 20 lakhs | Rs. 85 lakhs |
| 4 | Son (residuary) | 2/3 of residue | Rs. 56.67 lakhs |
| 5 | Daughter (residuary in another's right) | 1/3 of residue | Rs. 28.33 lakhs |
The daughter takes as a residuary in another's right, not as a sharer, because a son is present. The ratio is 2:1.
Worked Example: Shia Distribution (Same Heirs)
The distribution for the same heirs (wife, one daughter, one son, mother) is identical in result under Shia law, because with a son present the residuary mechanism operates the same way regardless of the label.
The difference appears when no son exists and shares exceed unity, or when the surplus returns.
Worked Example: Aul Under Sunni Law
Estate: Rs. 24 lakhs. Heirs: Husband, two full sisters, mother.
| Heir | Quranic share | Over denominator 6 | Over increased denominator 8 | Amount |
|---|---|---|---|---|
| Husband | 1/2 | 3/6 | 3/8 | Rs. 9 lakhs |
| Two full sisters | 2/3 | 4/6 | 4/8 | Rs. 12 lakhs (Rs. 6 lakhs each) |
| Mother | 1/6 | 1/6 | 1/8 | Rs. 3 lakhs |
| Total | 8/6 | 8/8 | Rs. 24 lakhs |
Under Shia law: the husband takes 3/6, the mother 1/6, and the loss of 2/6 falls on the two sisters alone, who share whatever remains rather than having their share reduced proportionally alongside the husband and mother.
Recall Check
- Name the twelve Sunni sharers and state two shares each may take.
- What is the priority rule among residuaries of the same class?
- When do distant kindred inherit under Sunni law?
- How does the Shia system resolve a case where shares exceed unity?
- Which heir is excluded from radd under Hanafi law but not under Shia law?
Key Cases
Syed Md Salie Labbai v Mohd Hanifa (1976) Syed Md Salie Labbai v Mohd Hanifa 1976
Issue: Whether the mutawalli of waqf property can claim any inheritance-like interest.
Rule: Waqf property does not enter the estate of the deceased and does not devolve by succession.
Relevance: In succession problems, any property shown to be waqf must be excluded from the distributable estate before applying the tables.
Distinctions
| Basis | Sunni Aul | Shia Position |
|---|---|---|
| When shares exceed unity | All sharers reduced proportionally by increasing the denominator | Only daughters and sisters bear the reduction |
| Justification | Equitable proportional reduction | God would not prescribe excess; the heir who is also a potential residuary absorbs the loss |
| Husband's share | Reduced with everyone else | Never reduced |
| Mother's share | Reduced with everyone else | Never reduced |
| Basis | Sunni Radd | Shia Radd |
|---|---|---|
| Surplus returns to | Blood sharers only | Blood sharers and the wife |
| Husband | Excluded | Excluded |
| Wife | Excluded | Included |
| Justification (Sunni) | Husband and wife are heirs by affinity, not by blood | Only the husband is excluded because of the Quranic text |
| Basis | Sunni Residuaries | Shia System |
|---|---|---|
| Formal residuary class | Yes, with sub-classification (bi-nafsihi, bi-ghairihi, ma'a ghairihi) | Not used as a formal class. Distribution follows class and degree directly |
| Full sister as residuary with a daughter | Recognised (ma'a ghairihi) | Not recognised |
| Effect on distant kindred | Must wait until both sharers and residuaries are exhausted | Inherit more readily since the residuary gate does not operate in the same way |
Flashcards
Name the six Quranic fractions.
1/2, 1/4, 1/8, 2/3, 1/3, 1/6.
How many sharers does the Sunni system recognise?
Twelve.
What are the three sub-classes of residuaries?
Residuary in his own right (bi-nafsihi), in another's right (bi-ghairihi), and together with another (ma'a ghairihi).
When do distant kindred inherit under Sunni law?
Only when there is no sharer and no residuary.
State the priority rule among residuaries.
Class first, then degree (nearer excludes more remote), then strength of blood (full blood over half blood).
How does aul work under Sunni law?
The common denominator is increased so that each sharer takes proportionally less, preserving the ratio among them.
How does Shia law handle shares exceeding unity?
Aul is rejected. The loss falls only on daughters and sisters. The husband, wife and mother always take their full share.
Who participates in radd under Shia law but not under Hanafi law?
The wife.
Does the full sister become a residuary with a daughter under Shia law?
No. The "residuary together with another" concept is not recognised in Shia law.
Exam Scenario
Problem: Hamid, a Sunni Muslim, dies leaving an estate of Rs. 48 lakhs. He is survived by his wife Rukhsar, his mother Fatima, two full sisters Amina and Bushra, and a uterine brother Salim. There are no children, no father and no brother of the full blood. Separately, advise how the distribution would differ if Hamid had followed Shia (Ithna Ashari) law.
Step 1: Identify the sharers and check for residuaries
There is no son, no daughter, no father, no full brother. No residuary in his own right exists, and no female is converted into a residuary in another's right (there being no corresponding male).
All heirs are sharers only. Check whether their shares exceed unity and whether radd or aul applies.
Step 2: Assign the Sunni Quranic shares
| Heir | Share | Fraction |
|---|---|---|
| Rukhsar (wife, no child) | 1/4 | 3/12 |
| Fatima (mother, two or more siblings) | 1/6 | 2/12 |
| Amina and Bushra (two full sisters, no child, no father) | 2/3 | 8/12 |
| Salim (uterine brother, no child, no father, no grandfather) | 1/6 | 2/12 |
| Total | 15/12 |
The shares exceed unity (15/12 > 1). Aul applies.
Step 3: Apply aul and calculate the Sunni distribution
Increase the denominator from 12 to 15. Each takes their numerator over 15.
| Heir | Original | After aul (over 15) | Amount (of Rs. 48 lakhs) |
|---|---|---|---|
| Rukhsar | 3/12 | 3/15 | Rs. 9.6 lakhs |
| Fatima | 2/12 | 2/15 | Rs. 6.4 lakhs |
| Amina and Bushra together | 8/12 | 8/15 | Rs. 25.6 lakhs (Rs. 12.8 lakhs each) |
| Salim | 2/12 | 2/15 | Rs. 6.4 lakhs |
| Total | 15/12 | 15/15 | Rs. 48 lakhs |
Step 4: Apply Shia law to the same facts
Under Shia law aul is rejected. The loss falls on the two full sisters alone. The husband (here the wife), the mother and the uterine brother keep their full shares.
| Heir | Full share | Amount (Rs. 48 lakhs) |
|---|---|---|
| Rukhsar (wife) | 1/4 = 12/48 | Rs. 12 lakhs |
| Fatima (mother) | 1/6 = 8/48 | Rs. 8 lakhs |
| Salim (uterine brother) | 1/6 = 8/48 | Rs. 8 lakhs |
| Amina and Bushra (two full sisters) | Residue | Rs. 20 lakhs (Rs. 10 lakhs each) |
| Total | Rs. 48 lakhs |
Under Shia law the sisters take whatever remains after the other sharers have taken their full Quranic fractions. That is Rs. 48 lakhs minus (12 + 8 + 8) = Rs. 20 lakhs divided equally.
Step 5: Compare the two outcomes
| Heir | Sunni (aul) | Shia (no aul) | Difference |
|---|---|---|---|
| Rukhsar | Rs. 9.6 lakhs | Rs. 12 lakhs | Wife takes more under Shia |
| Fatima | Rs. 6.4 lakhs | Rs. 8 lakhs | Mother takes more under Shia |
| Amina and Bushra (each) | Rs. 12.8 lakhs | Rs. 10 lakhs | Sisters take less under Shia |
| Salim | Rs. 6.4 lakhs | Rs. 8 lakhs | Uterine brother takes more under Shia |
There is no residuary here. The absence of any male agnate (son, father, brother, uncle) means the residuary class is empty. Do not manufacture one.
Aul reduces everyone proportionally. Under Sunni law the wife and mother take less because their shares are scaled down along with everyone else. Under Shia law they are protected and the sisters alone absorb the shortfall.
The uterine brother is not excluded by the sisters. His right is independent (as a sharer in his own right) and he is not excluded by full sisters. He would be excluded only by a child, son's child, father or grandfather.
Conclusion. Under Sunni law aul reduces all five shares proportionally. Under Shia law the wife, mother and uterine brother take their full fractions and the two full sisters divide whatever remains.
See Also
- Succession under Muslim Law: General Principles : the foundational principles, the one third ceiling, the order of application, and the rule against representation.
- Mutawalli: Powers, Duties and Removal : waqf property is excluded from the distributable estate.
- Waqf: Definition, Essentials and Kinds : the dedication that removes property from the succession pool.