Inheritance Law of Sunni Law — Everything you need to know with Illustrations

This system is based on Quranic principles and traditional practices.

Inheritance Law of Sunni Law — Everything you need to know with Illustrations

This system is based on Quranic principles and traditional practices.

Now after the introduction let’s discuss the law of inheritance in Sunni Law. Remember both Sunni and Shia Laws have some similarities and some differences. You should know both that’s the endgame of understanding this topic. Let’s discuss this further with our Question-and-Answer Approach.

Question: What are the general principles and rules of inheritance under Sunni law, including the categories of heirs and the doctrine of return?

Answer:

Introduction:

Sunni law of inheritance is structured to ensure a systematic distribution of a deceased person’s property among their heirs. This system is based on Quranic principles and traditional practices. The rules are designed to balance the rights of different heirs while maintaining a clear hierarchy of inheritance.

Categories of Heirs:

Under Sunni law, the heirs are divided into two broad categories:

1. Related Heirs:

Sharers: These are heirs who receive fixed shares of the inheritance as prescribed by the Quran. Examples include the spouse, parents, and children.
Residuaries: These heirs inherit the remaining property after the sharers have received their fixed shares. They are typically male agnates, such as sons and brothers.
Distant Kindred: These heirs inherit only if there are no sharers or residuaries. They include more distant blood relatives, such as cousins.

2. Unrelated Heirs:

Successor by Contract: An individual who inherits based on a contract with the deceased.
Acknowledged Kinsmen: A person of unknown descent whom the deceased acknowledges as kin.
Universal Legatee: Someone who inherits the entire estate by the deceased’s will.

General Principles:

1. Rules of Exclusion:

The principle of “nearer in degree excludes the remoter” means that closer relatives exclude more distant ones. For example, a son excludes a grandson.
An heir related to the deceased through another person is excluded if that intermediary is still alive. For instance, a brother is excluded if the father (through whom he is related) is still alive.
The mother does not exclude uterine siblings (siblings from the same mother but different father) because she does not inherit entirely as a sharer or residuary but can inherit under the doctrine of return.

2. Return (Radd):

If there is any residue after distributing the shares to the sharers and no residuaries are present, the residue returns to the sharers in proportion to their fixed shares. This is known as the doctrine of return or ‘radd’.
The exception to this rule is the surviving spouse. Neither the husband nor the wife is entitled to take a share from the return if other sharers or distant kindred are present.

Illustration of the Doctrine of Return:

If only a husband and a distant kindred (e.g., the son of a predeceased daughter) are present, the husband takes half of the property as there is no child or child of a son (sharer). The remaining half goes to the distant kindred.
If a widow is the only heir, she takes one-fourth (1/4) of the property as a sharer and three-fourths (3/4) under the doctrine of return.

Conclusion:

The Sunni law of inheritance is detailed and hierarchical, ensuring that property is distributed systematically among various categories of heirs. The principles of exclusion and return play a crucial role in this system, ensuring that closer and more immediate relatives receive precedence while providing a mechanism for distant relatives to inherit in the absence of closer heirs. This structured approach ensures fairness and adherence to traditional Islamic principles.

Question: What is the Doctrine of Increase (Aul) in Sunni inheritance law, and how is it applied when the sum of the shares exceeds the available property?

Answer:

Introduction:

The Doctrine of Increase, or Aul, is a principle in Sunni inheritance law used to address situations where the sum total of the fixed shares allocated to the sharers exceeds the heritable property. This doctrine ensures a proportional reduction in the shares so that the inheritance can be equitably distributed among the eligible heirs.

Doctrine of Increase (Aul):

Sharers are entitled to specific, fixed shares of the property as determined by Islamic law. However, there are cases where the total of these shares surpasses the total available property. In such instances, the shares must be proportionally reduced so that the total equals the heritable estate. This adjustment is known as the Doctrine of Increase or Aul.

Illustrations:

Illustration (i):

A Muslim woman (W) dies, leaving behind her parents (M and F), her husband (H), and three daughters (D1, D2, and D3).

H: 1/4
M: 1/6
F: 1/6
D1 + D2 + D3: 2/3

The total shares:

H = 1/4 = 3/12

M = 1/6 = 2/12

F = 1/6 = 2/12

D1 + D2 + D3 = 2/3 = 8/12

Sum total = 3/12 + 2/12 + 2/12 + 8/12 = 15/12

Since the shares exceed unity, we apply the doctrine of Aul by increasing the denominator:

3/12 = 3/15

2/12 = 2/15

8/12 = 8/15

Thus, the shares are adjusted to:

H: 3/15
M: 2/15
F: 2/15
D1 + D2 + D3: 8/15

Illustration (ii):

A Muslim man dies, leaving behind his widow (W), two full sisters (S1 and S2), and his parents (M and F).

W: 1/8
S1 + S2: 2/3
M: 1/6
F: 1/6

The total shares:

W = 1/8 = 3/24

S1 + S2 = 2/3 = 16/24

M = 1/6 = 4/24

F = 1/6 = 4/24

Sum Total: 3/24 + 16/24 + 4/24 + 4/24 = 27/24

Applying Aul:

3/24 = 3/27

16/24 = 16/27

4/24 = 4/27

Thus, the shares are adjusted to:

W: 3/27
S1 + S2: 16/27
M: 4/27
F: 4/27

Illustration (iii):

A Sunni Muslim woman dies, survived by her husband (H), mother (M), and full sister (S1).

H: 1/2
M: 1/6
S1: 1/2

The total shares:

H = 1/2 = 3/6

M = 1/6 = 1/6

S1 = 1/2 = 3/6

Sum Total = 3/6 + 1/6 + 3/6 = 7/6

Applying Aul:

3/6 = 3/7

1/6 = 1/7

3/6 = 3/7

Thus, the shares are adjusted to:

H: 3/7
M: 1/7
S1: 3/7

Illustration (iv):

A Muslim woman dies, survived by her husband (H) and two full sisters (S1 and S2).

H: 1/2
S1 + S2: 2/3

The total shares:

H = 1/2 = 3/6

S1 + S2 = 2/3 = 4/6

Sum Total = 3/6 + 4/6 = 7/6

Applying Aul:

3/6 = 3/7

4/6 = 4/7

Thus, the shares are adjusted to:

H: 3/7
S1 + S2: 4/7

Conclusion:

The Doctrine of Increase (Aul) ensures that the inheritance shares do not exceed the total available property. This is done by proportionately reducing each share so that the sum equals unity. This doctrine helps maintain equity among the heirs when distributing the property according to the fixed shares prescribed by Islamic law.

Question: Who are the sharers in Sunni inheritance law and how are their shares determined?

Answer:

Introduction:

In Sunni inheritance law, the heritable property is first distributed among the sharers. Sharers are specific relatives entitled to fixed portions of the deceased’s estate, with their shares potentially varying depending on the presence or absence of other heirs. There are twelve sharers: eight females and four males.

Sharers:

The sharers in Sunni inheritance law include the widow or widows, mother, true grandmother, daughter’s son’s daughter (howsoever low), full sisters, consanguine sisters, uterine sisters, husband, father, true grandfather, and uterine brother. While each sharer has a fixed share, these shares can change based on the presence of other heirs. Some sharers may also inherit as residuaries.

Table of Sharers:

1. Husband:

Normal Share: 1/4
Conditions: In presence of a child or child of a son.
Variation: 1/2 in absence of a child or child of a son.

2. Wife:

Normal Share: 1/8
Conditions: In presence of a child or child of a son.
Variation: 1/4 in absence of a child or child of a son.

3. Daughter:

Normal Share: 1/2
Conditions: In absence of a son.
Variation: 2/3 if more than one daughter, becomes a residuary in presence of a son.

4. Father:

Normal Share: 1/6
Conditions: In presence of a child or child of a son.
Variation: Inherits as a residuary in absence of a child or child of a son.

5. Mother:

Normal Share: 1/6
Conditions: In presence of a child, child of a son, or multiple brothers/sisters.
Variation: 1/3 in absence of these conditions, but 1/3 of the remainder if spouse and father are also present.

6. True Grandfather:

Normal Share: 1/6
Conditions: In presence of a child, child of a son, and absence of the father or nearer true grandfather.
Variation: Inherits as a residuary in absence of a child, child of a son, and nearer true grandfather.

7. True Grandmother:

Normal Share: 1/6
Conditions: Maternal grandmother in absence of mother and nearer grandmother, paternal grandmother in absence of mother, father, nearer grandmother, and intermediate grandfather.

8. Son’s Daughter (how low so ever):

Normal Share: 1/2
Conditions: In absence of a son, daughter, higher son’s son, higher son’s daughter, or equal son’s son.
Variation: 2/3 in absence of son, higher son’s son, and equal son’s son, 1/6 in presence of one daughter or higher son’s daughter.

9. Uterine Brother:

Normal Share: 1/6
Conditions: In absence of a child, child of a son, father, or true grandfather.
Variation: 1/3 if there are two or more uterine siblings.

10. Uterine Sister:

Normal Share: 1/6
Conditions: In absence of a child, child of a son, father, or true grandfather.
Variation: 1/3 if there are two or more uterine siblings.

11. Full Sister:

Normal Share: 1/2
Conditions: In absence of a child, child of a son, father, true grandfather, or full brother.
Variation: 2/3 if more than one full sister, becomes a residuary in presence of a full brother.

12. Consanguine Sister:

Normal Share: 1/2
Conditions: In absence of a child, child of a son, father, true grandfather, full brother, full sister, or consanguine brother.
Variation: 2/3 if more than one consanguine sister, becomes a residuary in presence of a consanguine brother, 1/6 if one full sister succeeds as a sharer.

Conclusion:

The distribution of inheritance under Sunni law begins with the allocation of shares to the designated sharers. The fixed shares may vary depending on the presence of other heirs. The doctrine of sharers ensures that the estate is distributed fairly and according to Islamic principles.

Question: Who are the primary heirs under Sunni inheritance law, and how are their shares determined?

Answer:

Introduction:

In Sunni inheritance law, primary heirs are those who are always entitled to inherit from the deceased’s estate and cannot be excluded by other heirs. These primary heirs have fixed shares in the inheritance, ensuring that the distribution of property follows a predictable and equitable pattern.

Primary Heirs:

There are five primary heirs under Sunni law:

Surviving spouse (husband or wife)
Son
Daughter
Mother
Father

These heirs are prioritized in inheritance and will always receive a portion of the deceased’s property.

Surviving Spouse:

The share of the surviving spouse depends on the presence of a child or the child of a son.

— Widower (husband of the deceased woman):

Takes 1/4 of the property if there is a child or grandchild through a son.
Takes 1/2 of the property in their absence.

— Widow (wife of the deceased man):

Takes 1/8 of the property if there is a child or grandchild through a son.
Takes 1/4 of the property in their absence.
If there are multiple widows, they collectively share the 1/4 or 1/8, divided equally among them.

Illustrations:

Illustration (i):

A Muslim man A dies, survived by his widow W and a son S.

— Distribution:

Widow (W): 1/8
Son (S): 7/8 (as a residuary)

Illustration (ii):

A Muslim man A dies, survived by two widows W1 and W2, two sons S1 and S2, and one daughter D.

— Distribution:

Widows (W1 and W2): 1/8 collectively, divided equally (1/16 each)
Remaining 7/8 divided so that each son gets twice the share of the daughter:
Each son (S1, S2): 14/40
Daughter (D): 7/40

Illustration (iii):

A Muslim woman dies, survived by her husband H, a son S, and a daughter D.

— Distribution:

Husband (H): 1/4
Remaining 3/4 divided so that the son gets twice the share of the daughter:
Son (S): 1/2
Daughter (D): 1/4

Conclusion:

The primary heirs in Sunni inheritance law are the surviving spouse, son, daughter, mother, and father. These heirs receive fixed shares of the deceased’s estate, ensuring fair and consistent distribution. The presence of substitutes for some primary heirs further maintains the integrity of the inheritance system. Through these rules, Sunni inheritance law provides a structured approach to managing the deceased’s estate, reflecting both equity and tradition.

Question: How does a daughter inherit property under Sunni inheritance law?

Answer:

Introduction:

Under Sunni inheritance law, the distribution of property to heirs follows specific guidelines, ensuring a fair and structured approach to inheritance. The daughter’s share of the inheritance is determined based on the presence or absence of other heirs, particularly the son.

Inheritance Rights of a Daughter:

A daughter inherits as a sharer in the absence of a son. The shares are as follows:

One daughter: Inherits one-half (1/2) of the property.
Two or more daughters: Together inherit two-thirds (2/3) of the property.

In the presence of a son, the daughter does not inherit as a sharer but becomes a residuary along with the son. In this case, she takes a share equal to half of the son’s share.

Illustrations:

Illustration (i):

A Muslim woman dies and is survived by her husband (H) and two daughters (D1 and D2).

— Distribution:

Husband (H): 1/4 (fixed share)
Two daughters (D1 and D2): 2/3 together as sharers
Calculation: 1/4 + 2/3 = 11/12

The extra 1/12 of the property, in the absence of any residuary, comes back to the sharers under the doctrine of return or ‘radd.’ Since the surviving spouse is not entitled to ‘radd’ in the presence of other sharers, this 1/12 will be taken by the daughters. Their shares increase to 3/4, divided equally:

Each daughter (D1 and D2): 3/8

— Final Shares:

Husband (H): 1/4
Daughter 1 (D1): 3/8
Daughter 2 (D2): 3/8

Illustration (ii):

A Muslim woman A dies, survived by her husband (H), two daughters (D1 and D2), and two sons (S1 and S2).

— Distribution:

Husband (H): 1/4 (fixed share)
Daughters (D1 and D2) as residuaries with sons (S1 and S2): Each daughter’s share is half of each son’s share.

— Calculation:

Husband (H): 1/4
Remaining 3/4 divided among the children:
Each son (S1 and S2): 1/4
Each daughter (D1 and D2): 1/8

— Final Shares:

Husband (H): 1/4
Son 1 (S1): 1/4
Son 2 (S2): 1/4
Daughter 1 (D1): 1/8
Daughter 2 (D2): 1/8

Conclusion:

In Sunni inheritance law, a daughter’s share of the inheritance is contingent on the presence of a son. Without a son, daughters inherit as sharers, with one daughter receiving half and multiple daughters sharing two-thirds of the property. In the presence of a son, daughters inherit as residuaries, receiving half the share of the son. This structured approach ensures that daughters receive a fair portion of the inheritance while maintaining the equitable distribution of the deceased’s estate.

Question: How does a father inherit property under Sunni inheritance law?

Answer:

Introduction:

In Sunni inheritance law, the father is recognized as a primary heir with specific rights to the inheritance. His share varies based on the presence or absence of other heirs, particularly children or grandchildren of the deceased.

Inheritance Rights of a Father:

As a Sharer:

The father has a fixed share of one-sixth (1/6) of the property when the deceased leaves behind a child or a child’s descendant (e.g., grandchild).

As a Residuary:

In the absence of a child or a child’s descendant, the father inherits as a residuary. In this role, he can inherit the entire property if there are no other sharers or residuaries.

Exclusion of Other Heirs:

The father’s presence excludes brothers, sisters (whether full, consanguine, or uterine), and a true grandfather from inheriting the property. This exclusion follows the principle that a person related to the deceased through another relative is excluded by the presence of that relative.

Illustrations:

Illustration (i):

A Muslim man, A, dies, leaving behind his father (F), widow (W), brother (Br), son (S), and daughter (D).

— Distribution:

Father (F): 1/6 (fixed share as a sharer)
Widow (W): 1/8 (fixed share)
Son (S) and Daughter (D): Residual property divided such that the daughter’s share is half of the son’s share.
Brother (Br): Excluded by the presence of the father.

— Final Shares:

Father (F): 1/6
Widow (W): 1/8
Son (S): 17/36
Daughter (D): 17/72
Brother (Br): Nil

Illustration (ii):

A Muslim man, A, dies, leaving behind two widows (W1 and W2), a full sister (S1), and the father (F).

— Distribution:

Widows (W1 and W2): Collectively take 1/4 (fixed share in absence of a child or grandchild) and divide it equally, each receiving 1/8.
Sister (S1): Excluded by the presence of the father.
Father (F): As residuary, takes 3/4 of the property.

— Final Shares:

Father (F): 3/4
Widow 1 (W1): 1/8
Widow 2 (W2): 1/8
Sister (S1): Nil

Conclusion:

Under Sunni inheritance law, the father is a primary heir with a fixed share of one-sixth when the deceased leaves behind descendants. In their absence, the father can inherit as a residuary, taking the entire property if no other sharers or residuaries are present. The father’s presence also excludes certain other relatives from inheriting, ensuring that the distribution of the estate adheres to the principles of Islamic inheritance law.

Question: How do true grandparents inherit property under Sunni inheritance law?

Answer:

Introduction:

In Sunni inheritance law, true grandparents are recognized as primary heirs. Their inheritance rights depend on the presence of closer heirs and whether they inherit as sharers or residuaries. True grandparents include a true grandfather and a true grandmother, and their shares vary according to the specific circumstances surrounding the deceased’s family structure.

Inheritance Rights of True Grandfather and True Grandmother:

True Grandfather:

A true grandfather is a male ancestor between whom and the deceased no female intervenes.
He can inherit only in the absence of the deceased’s father or a nearer true grandfather.
As a sharer, the true grandfather has a fixed one-sixth (1/6) share if the deceased left behind a child or a child of a son.
In the absence of a father, nearer true grandfather, child, or child’s descendant, he inherits as a residuary, potentially inheriting the entire estate.

True Grandmother:

A true grandmother is a female ancestor between whom and the deceased no false grandfather intervenes.
True grandmothers can be maternal (mother’s mother) or paternal (father’s mother, father’s father’s mother).
A maternal true grandmother inherits a fixed one-sixth (1/6) share in the absence of the mother and a nearer true grandmother.
A paternal true grandmother inherits a fixed one-sixth (1/6) share in the absence of both the mother, father, a nearer true grandmother, and no intermediate true grandfather.
When two true grandmothers are present, they collectively take one-sixth (1/6) and divide it equally.

Illustrations:

Illustration (i):

A Muslim man, A, dies and is survived by his father’s father (FF) and father’s mother (FM). His father predeceased him.

— Distribution:

The true grandmother (FM) would take one-sixth (1/6) of the property.
The father’s father (FF) would take five-sixths (5/6) as a residuary.

— Final Shares:

Father’s Mother (FM): 1/6
Father’s Father (FF): 5/6

Illustration (ii):

A Muslim woman, W, dies leaving behind her mother’s mother (MM), her father’s mother (FM), her mother’s father’s mother (MFM), and her father’s father (FF). Her parents predeceased her.

— Distribution:

MFM is a false grandmother and does not inherit as a sharer.
MM and FM together take one-sixth (1/6) of the property, each receiving one-twelfth (1/12).
FF takes five-sixths (5/6) as a residuary.h

— Final Shares:

Mother’s Mother (MM): 1/12
Father’s Mother (FM): 1/12
Father’s Father (FF): 5/6
Mother’s Father’s Mother (MFM): Nil

Conclusion:

True grandparents have specific inheritance rights under Sunni inheritance law, with their shares and roles as sharers or residuaries dependent on the presence of closer heirs. The principles governing their inheritance ensure that the property is distributed fairly among surviving relatives, respecting the hierarchy of blood relationships.

Question: How do the inheritance rights of a son’s daughter (how low so ever) function under Sunni inheritance law?

Answer:

Introduction:

In Sunni inheritance law, the concept of a son’s daughter as a sharer is complex, with specific conditions and rules governing her share of the estate. A son’s daughter is included in the sharer category under certain circumstances, and her inheritance rights are influenced by the presence or absence of other primary heirs.

Inheritance Rights of a Son’s Daughter (How Low So Ever):

Eligibility as a Sharer:

The sharer category includes only the daughter of a son. Grandchildren through a predeceased daughter do not qualify as sharers but as distant kindred.
A daughter of a predeceased son of a predeceased son is included as a sharer.

Inheritance as a Sharer:

— A son’s daughter inherits as a sharer only in the absence of:

A son
A daughter
A son’s son

— If she is the only son’s daughter, she receives half (1/2) of the property.

— If there are two or more daughters of the son, they collectively receive two-thirds (2/3) of the property.

Inheritance as a Residuary:

If a son’s son is also present, the son’s daughter inherits as a residuary along with him, taking a share equal to half of what he takes.

Special Rule:

If there is only one daughter of the intestate alive, but no son or son’s son, a son’s daughter would take one-sixth (1/6) of the property.

Illustration:

Illustration (i):

A Muslim man A dies, leaving behind his son’s daughter SD, but no son, daughter, or son’s son.
The son’s daughter will inherit half (1/2) of the property.

Illustration (ii):

A Muslim man A dies, leaving behind two son’s daughters, SD1 and SD2, but no son, daughter, or son’s son.
The two son’s daughters together will inherit two-thirds (2/3) of the property, sharing it equally.

Illustration (iii):

A Muslim man A dies, leaving behind his son’s daughter SD and his son’s son SS.
The son’s daughter will inherit as a residuary with the son’s son, taking a share equal to half of what the son’s son takes.

Illustration (iv):

A Muslim man A dies, leaving behind his daughter D and his son’s daughter SD.
The daughter will take half (1/2) of the property.
The son’s daughter will take one-sixth (1/6) of the property.

Conclusion:

The inheritance rights of a son’s daughter (how low so ever) under Sunni inheritance law are nuanced and depend on the presence of other primary heirs. As a sharer, she inherits a significant portion of the estate in the absence of a son, daughter, or son’s son. As a residuary, her share adjusts according to the presence of a son’s son, ensuring a balanced distribution of the estate. The principles of nearer in blood excluding the remoter are applied consistently, except in specific scenarios where the son’s daughter is given a fixed share to maintain fairness in the distribution.

Question: How does a son’s son’s daughter inherit under Sunni inheritance law?

Answer:

Introduction:

In Sunni inheritance law, the inheritance rights of a son’s son’s daughter (SSD) are defined by her relationship to the deceased and the presence of other primary heirs. Her share of the estate varies depending on these factors, and she can inherit either as a sharer or as a residuary.

Inheritance Rights of a Son’s Son’s Daughter:

Eligibility as a Sharer:

— A son’s son’s daughter inherits as a sharer in the absence of:

A son
A daughter
A son’s son
A son’s daughter
A son’s son’s son

— Her share is half (1/2) if she is the only son’s son’s daughter.

— If there are two or more son’s son’s daughters, they collectively take two-thirds (2/3) of the property, divided equally among themselves.

Inheritance as a Residuary:

If a son’s son’s son is also present, the son’s son’s daughter inherits as a residuary, taking a share equal to half of what the son’s son’s son takes.

Special Rule:

In the presence of only one daughter or one son’s daughter, the son’s son’s daughter (whether one or more) would take one-sixth (1/6) of the property.

Illustrations:

Illustration (i):

A Muslim man A dies, leaving behind his widow W, a daughter D, a son S, and a son’s daughter SD.
Here, the son’s daughter would be excluded by the presence of the son.
The shares are as follows:
Widow (W): One-eighth (1/8)
Daughter (D): Seven-twenty-fourths (7/24)
Son (S): Seven-twelfths (7/12)

Illustration (ii):

A Muslim woman W dies, leaving behind her father F, mother M, and two son’s daughters D1 and D2.
The shares are as follows:
Mother (M): One-sixth (1/6)
Father (F): One-sixth (1/6)
Son’s Daughter 1 (D1): One-third (1/3)
Son’s Daughter 2 (D2): One-third (1/3)

Illustration (iii):

— A Muslim man A dies, leaving behind his parents M and F, one daughter D, and a son’s daughter SD.

— The shares are as follows:

Mother (M): One-sixth (1/6)
Father (F): One-sixth (1/6)
Daughter (D): One-half (1/2)
Son’s Daughter (SD): One-sixth (1/6)

Illustration (iv):

— A Muslim woman W dies, leaving behind her parents M and F, two son’s daughters SD1 and SD2, and a son’s son’s daughter SSD.

— The shares are as follows:

Mother (M): One-sixth (1/6)
Father (F): One-sixth (1/6)
Son’s Daughter 1 (SD1): One-third (1/3)
Son’s Daughter 2 (SD2): One-third (1/3)

— The son’s son’s daughter (SSD) is excluded due to the presence of two son’s daughters.

Conclusion:

The inheritance rights of a son’s son’s daughter under Sunni inheritance law are contingent upon the presence of other heirs. As a sharer, she inherits a significant portion in the absence of closer relatives. When inheriting as a residuary, her share is determined relative to other residuaries. The principles of inheritance ensure a fair and balanced distribution among all eligible heirs, adhering to the rules of nearer in blood excluding the remoter while providing specific shares to maintain equity.

Question: How do uterine brothers and sisters inherit under Sunni inheritance law?

Answer:

Introduction:

In Sunni inheritance law, uterine brothers and sisters are siblings who share the same mother but have different fathers. Their inheritance rights are clearly defined, especially in the absence of other primary heirs. This section explains their inheritance shares and provides illustrative examples for better understanding.

Inheritance Rights of Uterine Brothers and Sisters:

Eligibility:

— Uterine brothers and sisters inherit in the absence of:

A child
A child of a son (how low so ever)
The father
A true grandfather

— Their inheritance rights are equal to one another.

Share Distribution:

The share of one uterine brother or sister is one-sixth (1/6) of the property.
If more than one uterine sibling is present, they collectively take one-third (1/3) of the property, divided equally among them.

Illustrations:

Illustration (i):

A Muslim man A dies, leaving behind his mother M, two full sisters Si1 and Si2, and a uterine brother UBr.
The shares are as follows:
Mother (M): One-sixth (1/6)
Full Sister 1 (Si1): One-third (1/3)
Full Sister 2 (Si2): One-third (1/3)
Uterine Brother (UBr): One-sixth (1/6)

Distribution:

Mother: 1/6
Sister 1: 1/3
Sister 2: 1/3
Uterine Brother: 1/6

Illustration (ii):

A Muslim woman W dies, leaving behind a uterine brother UBr, a uterine sister USi, and two full sisters Si1 and Si2.

The shares are as follows:

Uterine Brother (UBr): One-sixth (1/6)
Uterine Sister (USi): One-sixth (1/6)
Full Sister 1 (Si1): One-third (1/3)
Full Sister 2 (Si2): One-third (1/3)

Distribution:

Uterine Brother: 1/6
Uterine Sister: 1/6
Full Sister 1: 1/3
Full Sister 2: 1/3

Conclusion:

Uterine brothers and sisters inherit significant shares under Sunni inheritance law, particularly in the absence of other primary heirs. Their equal status ensures fair distribution, reflecting the principle of equity in Islamic inheritance law. These rules help maintain a balanced distribution among all eligible heirs, ensuring that even uterine siblings receive their rightful shares in the absence of direct descendants or other primary heirs.

Question: How do full sisters and consanguine sisters inherit under Sunni inheritance law?

Answer:

Introduction:

In Sunni inheritance law, the shares of full sisters and consanguine sisters (sisters who share the same father but different mothers with the deceased) are determined by the presence or absence of certain other relatives. Their inheritance rights and the conditions under which they inherit are outlined below, along with illustrative examples for clarity.

Inheritance Rights of Full Sisters and Consanguine Sisters:

Full Sister:

— A full sister inherits as a sharer in the absence of a:

Child
Child of a son
Father
True grandfather
Full brother

— Shares:

If alone, a full sister takes half (1/2) of the property.
If there are two or more full sisters, they collectively take two-thirds (2/3) of the property.

— In the presence of a full brother, a full sister becomes a residuary, taking a share that is half of what the full brother receives.

— The presence of a full sister affects the share of the mother.

Consanguine Sister:

— A consanguine sister is excluded in the presence of the same relatives whose presence excludes a full sister from inheriting.

Additionally, a consanguine sister is excluded by a:
Full brother
Full sister
Consanguine brother

— In the presence of a consanguine brother, a consanguine sister inherits as a residuary, taking a share that is half of his share.

— When there is only one full sister who inherits as a sharer, the consanguine sister (whether one or more) would take one-sixth (1/6), provided she is eligible to inherit.

Illustrations:

Illustration (i):

— A Muslim man H dies, leaving behind two consanguine sisters and two uterine sisters.

— The shares are as follows:

Consanguine Sisters: Collectively take two-thirds (2/3), each taking one-third (1/3).
Uterine Sisters: Each take one-sixth (1/6), collectively one-third (1/3).

Illustration (ii):

— A Muslim man dies, leaving behind a full sister, a full brother, and a consanguine sister.

— The shares are as follows:

Full Brother: Takes two-thirds (2/3).
Full Sister: Takes one-third (1/3).
Consanguine Sister: Excluded due to the presence of the full brother and full sister.

Conclusion:

Full sisters and consanguine sisters have defined shares in Sunni inheritance law, contingent upon the presence of other primary heirs. Full sisters inherit significant portions in the absence of certain relatives and can become residuaries with their full brothers. Consanguine sisters, while having rights, are often excluded in the presence of full siblings. These rules ensure a fair and structured distribution of the deceased’s property among the eligible heirs.

Question: How do residuaries inherit under Sunni inheritance law?

Answer:

Introduction:

In Sunni inheritance law, residuaries are heirs who inherit the residue of an estate after the sharers’ fixed claims have been satisfied. Residuaries primarily consist of male agnates (patrilineal relatives) but can also include certain females under specific circumstances. Their shares are not fixed and depend on the remaining estate after the sharers’ portions are allocated.

Types and Inheritance Rules of Residuaries:

— Definition and Role:

Residuaries inherit the remaining estate after the sharers’ fixed claims are met.
If no sharer is present, the residuaries inherit the entire property.
If a single residuary is present, the property does not go to the ‘Distant Kindred’ (third category of heirs).

— Groups of Residuaries:

Descendants: Sons and their male descendants.
Ascendants: Fathers and true grandfathers.
Descendants of Father: Brothers and their male descendants.
Descendants of True Grandfather: Paternal uncles and their male descendants.

— Descendants as Residuaries:

A son inherits as a residuary and always inherits a portion of the estate.
In the presence of a son, a daughter becomes a residuary and takes half of the son’s share.

Illustrations:

Illustration (i):

A Muslim male dies, leaving behind a son (S), a daughter (D), and a widow (W).

— Distribution:

W: As a sharer, takes one-eighth (1/8).
Residue: 1−1/8=7/81–1/8 = 7/81−1/8=7/8.
S and D: S takes double the share of D.

— Final shares:

W = 1/8
S = 14/24
D = 7/24

Illustration (ii):

A Muslim female dies, leaving behind her father (F), husband (H), daughter (D), and son (S).

— Distribution:

F: As a sharer, takes one-sixth (1/6).
H: Takes one-fourth (1/4).
Residue: 1−(1/6+1/4)=7/121 — (1/6 + 1/4) = 7/121−(1/6+1/4)=7/12.
S and D: S takes double the share of D.

— Final shares:

F = 1/6
H = 1/4
S = 14/36
D = 7/36

Conclusion:

Residuaries play a crucial role in Sunni inheritance law, inheriting the remaining estate after the fixed shares of sharers are distributed. The distribution among residuaries ensures that the closest male agnates primarily inherit, with females inheriting in specific conditions, reflecting a structured approach to inheritance that considers both fixed shares and residual distribution.

Question:

How do sons’ sons inherit under Sunni inheritance law?

Introduction:

In Sunni inheritance law, the distribution of an estate follows specific principles, ensuring the fair allocation of property among heirs. Sons’ sons (grandsons), being part of the residuary category, inherit only in the absence of closer male descendants (sons). This system adheres to the principle of “nearer in blood excluding the remoter,” preventing distant relatives from inheriting when closer relatives are present.

Inheritance Rules for Sons’ Sons:

— General Rule:

In the absence of a son, a son’s son inherits as a residuary.
Lower sons’ sons (e.g., great-grandsons) cannot inherit if higher sons’ sons (e.g., grandsons) are alive.

— Representation and Exclusion Principle:

The principle of representation is not recognized.
The rule of “nearer in blood excluding the remoter” applies, meaning a lower son’s son (e.g., great-grandson) cannot inherit if a higher son’s son (e.g., grandson) is alive.

— Sharing with Female Heirs:

If a daughter and a son’s son are present, the daughter inherits as a sharer, and the son’s son as a residuary.
A higher son’s daughter and a lower son’s son follow the same rule.
If only a son’s daughter and a son’s son are present, the son’s daughter becomes a residuary, taking a share equal to half of the son’s son’s share.

Illustrations:

Illustration (i):

A Muslim male (A) dies, leaving behind two daughters (D1 and D2), a son’s son (SS), and a son’s daughter (SD). His son had predeceased him.

— Distribution:

D1 and D2 will together take two-thirds (2/3) as sharers.
The residue (1–2/3 = 1/3) will be divided between SS and SD, with SS getting a double share compared to SD.

— Final shares:

D1 = 1/3
D2 = 1/3
SS = 2/9
SD = 1/9

Illustration (ii):

A Muslim female (A) dies, leaving behind a son’s daughter (SD) and a son’s son’s son (SSS).

— Distribution:

SD will take half (1/2) of the property as a sharer.
SSS will take the other half (1/2) as a residuary.

Illustration (iii):

A Muslim man (A) dies, leaving behind a daughter (D), a son’s daughter (SD), a son’s son’s daughter (SSD), and a son’s son’s son (SSS).

— Distribution:

D will take half (1/2) as a sharer.
SD will take one-sixth (1/6) in the presence of one daughter.
Residue (1 — (1/2 + 1/6) = 1/3) will be divided among SSS and SSD as residuaries.
SSS will take two-ninths (2/9).
SSD will take one-ninth (1/9).

Conclusion:

Under Sunni inheritance law, the distribution to sons’ sons follows a structured approach ensuring closer male descendants inherit before remoter ones. This system prioritizes fairness and the protection of closer familial relationships, maintaining an organized transfer of the estate.

Question: How do ascendant residuaries, such as the father and true grandfather, inherit under Sunni inheritance law?

Answer:

Introduction:

In Sunni inheritance law, the father’s and true grandfather’s positions are unique as they can inherit both as sharers and residuaries. This dual role ensures that they receive a portion of the estate in various scenarios, either as fixed shares or from the residue. This mechanism upholds the principles of fairness and proximity in blood relationships.

Inheritance Rules for Ascendant Residuaries:

— Father:

The father inherits as a sharer and a residuary.
In the presence of a child or a child’s son, the father takes one-sixth (1/6) as a sharer.
In the absence of a son or son’s son, the father inherits as a residuary.
In the presence of only daughters or son’s daughters, but no son or son’s son, the father inherits both as a sharer and a residuary.

— True Grandfather:

The true grandfather inherits in the same manner as the father but only in the father’s absence.
The true grandfather’s share is affected by the presence of other heirs, similar to the father’s share.

Illustrations:

Illustration (i):

A Muslim male (A) dies, leaving behind his father (F), a son (S), and a daughter (D).

— Distribution:

The father takes one-sixth (1/6) as a sharer since the son is present.
The son and daughter inherit the residue as residuaries.

— Final shares:

F = 1/6
S = 10/18
D = 5/18

Illustration (ii):

A Muslim woman (W) dies, leaving behind two daughters (D1 and D2) and her father (F).

— Distribution:

D1 and D2 take two-thirds (2/3) as sharers.
The father takes one-sixth (1/6) as a sharer.
The residue of 1 — (2/3 + 1/6) = 1/6 is taken by the father as a residuary.

— Final shares:

D1 = 1/3
D2 = 1/3
F = 1/6 + 1/6 = 1/3

Illustration (iii):

A Muslim man (A) dies, leaving behind his widow (W) and his father (F).

— Distribution:

The widow takes one-fourth (1/4) as there is no child or child’s son.
The father takes three-fourths (3/4) as a residuary.

— Final shares:

W = 1/4
F = 3/4

Conclusion:

Under Sunni inheritance law, the father’s and true grandfather’s roles as ascendant residuaries ensure that they inherit a portion of the estate, either as fixed shares or from the residue, depending on the presence of other heirs. This system emphasizes the importance of close familial relationships and ensures a fair distribution of the deceased’s property.

Question: How do the descendants of the father inherit under Sunni inheritance law in the absence of a son, son’s son, father, and true grandfather?

Answer:

Introduction:

In Sunni inheritance law, when there are no direct male descendants such as a son or son’s son, and no direct ascendants such as the father or true grandfather, the residue of the estate passes to the descendants of the father. This hierarchy ensures that the property is inherited by the nearest male agnates and, in some cases, their female counterparts.

Inheritance Rules for Descendants of the Father:

1. Full Brother and Full Sister:

A full brother inherits in the absence of a son, father, and true grandfather.
A full sister, typically a sharer, becomes a residuary with a full brother, taking half of his share.
In the absence of a full brother and preceding residuaries, a full sister inherits the residue if there are daughters or son’s daughters, irrespective of their number.

2. Consanguine Brother:

A consanguine brother inherits the residue in the absence of preceding male residuaries.
A consanguine sister becomes a residuary with a consanguine brother, taking half of his share.
A consanguine sister is entitled to the residue if there are only daughters or son’s daughters, regardless of their number.

3. Sons of Full and Consanguine Brothers:

In the absence of a full or consanguine brother, the son of a full brother inherits as a residuary, followed by the son of a consanguine brother and their descendants in the same order.

Illustrations:

Illustration (i):

A Muslim man (A) dies, leaving behind his widow (W), a full brother (Br), and a full sister (Si).

— Distribution:

The widow (W) takes one-fourth (1/4) as a sharer.
The residue of three-fourths (3/4) is divided between the full brother and full sister in a 2:1 ratio.

— Final shares:

W = 1/4
Br = 1/2
Si = 1/4

Illustration (ii):

A Muslim woman (W) dies, leaving behind a full sister (Si), a daughter (D), and a son’s daughter (SD).

— Distribution:

The daughter (D) takes half (1/2) as a sharer.
The son’s daughter (SD) takes one-sixth (1/6) as a sharer.
The residue of one-third (1/3) is taken by the full sister.

— Final shares:

D = 1/2
SD = 1/6
Si = 1/3

Illustration (iii):

A Muslim woman (W) dies, leaving behind her husband (H), mother (M), daughter (D), son’s daughter (SD), and a full sister (Si).

— Distribution:

Husband (H) takes one-fourth (1/4).
Mother (M) takes one-sixth (1/6).
Daughter (D) takes half (1/2).
Son’s daughter (SD) takes one-sixth (1/6).

— Since the shares exceed unity (13/12), they are proportionately reduced, leaving no residue.

— Final shares:

H = 3/13
M = 2/13
D = 6/13
SD = 2/13
Si = Nil

Illustration (iv):

A Muslim dies, survived by his consanguine brother (Br) and a full brother’s son (BrS).

— Distribution:

The consanguine brother (Br) inherits the entire property, excluding the full brother’s son (BrS) as the higher residuary.

— Final share:

Br = Entire estate
BrS = Nil

Conclusion:

In Sunni inheritance law, the descendants of the father inherit the residue in a specific order when direct male descendants or ascendants are absent. This system ensures a structured and fair distribution of the estate, emphasizing the proximity of blood relations and the hierarchical order of inheritance.

Question: How do the descendants of the true grandfather inherit under Sunni inheritance law in the absence of higher residuaries?

Answer:

Introduction:

In Sunni inheritance law, when there are no higher residuaries, the descendants of the true grandfather inherit the residue of the estate. This hierarchy ensures that the estate is passed down through male agnates, maintaining the family lineage and property within the bloodline.

Inheritance Rules for Descendants of the True Grandfather:

1. Order of Inheritance:

Full paternal uncle.
Consanguine paternal uncle.
Full paternal uncle’s son.
Consanguine paternal uncle’s son.
Full paternal uncle’s son’s son.
Consanguine paternal uncle’s son’s son.
This order continues with the male descendants of remoter true grandfathers.

2. Classification of Residuaries According to Sirajiyyah:

Residuaries in their own right: Comprising male agnates.
Residuaries in the right of another: Including females who become residuaries in the presence of their male counterparts (e.g., a daughter with a son, a sister with a brother).
Residuaries with others: Such as a full and consanguine sister with daughters and son’s daughters.

Distant Kindred:

— Definition:

Distant kindred includes all cognates of the deceased, except those included in the sharer category.

— Turn to Inherit:

Distant kindred inherit only when none of the sharers (except the surviving spouse) or the residuaries are present.

— Presence of Surviving Spouse:

If the surviving spouse of the deceased is present, the property remaining after allotting the share to the spouse passes to the distant kindred.
If none of the distant kindred is present, the property reverts to the spouse under the doctrine of radd (return).

— Classification:

Descendants: Distant kindred descendants inherit if closer residuaries or sharers are absent.
Ascendants: Distant kindred ascendants take precedence over more distant relations.
Descendants of Parents:
These include the children of the deceased’s parents (e.g., brothers and sisters).
Descendants of Immediate Grandparents: These include the children of the deceased’s grandparents.
Descendants of Remoter Ancestors: These are more distant relatives, with no limitation on the number of degrees or generations.

Illustrations:

Illustration (i):

A Muslim man (A) dies, leaving behind his widow (W), a full brother’s son (BrS), and a consanguine paternal uncle (CPUn).

— Distribution:

The widow (W) takes her share as a sharer.
The residue is divided between the full brother’s son (BrS) and the consanguine paternal uncle (CPUn) according to the hierarchy.

— Final shares:

W = 1/4 (if no children)
BrS and CPUn share the residue proportionally.

Illustration (ii):

A Muslim woman (W) dies, leaving behind her husband (H), mother (M), a daughter (D), a son’s daughter (SD), and a full sister (Si).

— Distribution:

Husband (H) takes one-fourth (1/4).
Mother (M) takes one-sixth (1/6).
Daughter (D) takes half (1/2).
Son’s daughter (SD) takes one-sixth (1/6).
The shares exceed unity, thus proportionately reduced.

— Final shares:

H = 3/13
M = 2/13
D = 6/13
SD = 2/13
Si = Nil (no residue)

Illustration (iii):

A Muslim dies and is survived by his consanguine brother (Br) and a full brother’s son (BrS).

— Distribution:

The consanguine brother (Br) inherits the entire property, excluding the full brother’s son (BrS) as the higher residuary.

— Final share:

Br = Entire estate
BrS = Nil

Conclusion:

In Sunni inheritance law, the descendants of the true grandfather inherit the residue when higher residuaries are absent. The structured hierarchy ensures the estate remains within the family bloodline, adhering to principles of fairness and maintaining the agnatic lineage. Distant kindred inherit only in the absence of nearer sharers and residuaries, emphasizing the precedence of closer blood relations.

Question: How is property distributed among the descendants of the deceased under Sunni inheritance law, specifically focusing on distant kindred and the rules governing their inheritance?

Answer:

Introduction:

In Sunni inheritance law, the descendants of the deceased play a crucial role in the distribution of the estate. They fall into different categories, including sharers, residuaries, and distant kindred. The rules for distributing property among descendant distant kindred ensure that the inheritance is allocated fairly according to the proximity of relation and gender.

Descendants of the Deceased:

1. Categories of Descendants:

— Sharers and Residuaries:

Sons and daughters.
Sons’ sons and sons’ daughters (how low so ever).

— Distant Kindred:

Daughter’s descendants are classified as distant kindred and inherit only in the absence of all residuaries.

2. Rules of Distribution:

Rule 1: The nearer in degree excludes the remoter.

Rule 2: Among claimants in the same degree, descendants of sharers and residuaries are preferred over the descendants of distant kindred.

Illustrations of Rule 2:

Illustration (i):

A Muslim male (A) dies, leaving behind a son of a predeceased daughter (DS) and a paternal true grandfather’s son’s son’s son’s son (SSSS).

— Distribution:

SSSS (residuary) takes the total property, excluding DS (distant kindred).

Illustration (ii):

A Muslim male (A) dies, leaving behind a daughter’s son (DS) and a son’s daughter’s son (SDS).

— Distribution:

DS (nearer in degree) excludes SDS (remoter) and takes the total property.

Illustration (iii):

A Muslim male (A) dies, leaving behind a son’s daughter’s son (SDS) and a daughter’s daughter’s son (DDS).

— Distribution:

SDS (descendant of a sharer) is preferred over DDS (descendant of distant kindred), even though both are in the same degree.

Additional Rules and Illustrations:

Rule 3:

Heirs in the same degree with the same sex ancestors take per capita, with males and females in the ratio of 2:1.

Illustration:

A dies, leaving behind a daughter’s daughter’s son (DDS) and two daughter’s daughter’s daughters (DDD1 and DDD2).

— Distribution:

DDS = 1/2
DDD1 = 1/4
DDD2 = 1/4

Rule 4: Different sex ancestors: Property is divided 2:1 in favor of male descendants.

Illustration:

A dies, leaving behind a daughter’s daughter’s son (DDS) and a daughter’s son’s daughter (DSD).

— Distribution:

DDS (son of daughter) = 1/3
DSD (daughter of son) = 2/3

Rule 5: Different sex ancestors: Property is pooled and divided in a 2:1 ratio.

Illustration:

A dies, leaving behind a daughter’s son’s daughter (DS1D), a daughter’s daughter’s daughter (DD1D1), a daughter’s son’s son (DS2S), and a daughter’s daughter’s son (DD2S).

— Distribution:

Two pools: Sons of daughters get 2/3, daughters of daughters get 1/3.

— Final shares:

DS1D = 2/9
DS2S = 4/9
DD1D1 = 1/9
DD2S = 2/9

Rule 6: Different sex ancestors with multiple descendants: Property divided 2:1 and further distributed among descendants.

Illustration:

A dies, leaving behind a son and daughter of a daughter’s daughter and two daughters and one son of a daughter’s son.

— Distribution:

Daughter’s son’s branch = 6/8
Daughter’s daughter’s branch = 2/8

— Final shares:

DSD1 = 3/16
DSS = 3/8
DSD2 = 3/16
DDD = 2/24
DDS = 4/24

Conclusion:

The Sunni inheritance law ensures a structured and fair distribution of property among the descendants of the deceased, adhering to specific rules that prioritize proximity of relation and gender. This system maintains the balance and equity in inheritance, respecting both the sharers and distant kindred according to their rightful positions.

Question: How is property distributed among the ascendants of the deceased under Sunni inheritance law, particularly focusing on those considered distant kindred?

Answer:

Introduction:

In Sunni inheritance law, the distribution of property among the ascendants of the deceased follows a structured order. While some ascendants are included as sharers or residuaries, others, such as true grandparents and their predecessors, inherit as distant kindred. The rules ensure that the closest relatives are prioritized in inheritance distribution.

Ascendants of the Deceased:

1. Categories of Ascendants:

— Sharers and Residuaries:

True grandmother and true grandfather.

— Distant Kindred:

False grandmothers and false grandfathers inherit as distant kindred.

2. Order of Inheritance:

Property passes to this category in the absence of descendant distant kindred.
The nearest ancestor in this group is the mother’s father, who takes the entire property if present.

Illustrations of Order of Inheritance:

Illustration (i):

— Mother’s Father:

If present, takes the entire property.

Illustration (ii):

— Absence of Mother’s Father:

Property passes to ancestors in the third degree, preferring those claiming through sharers over those claiming through distant kindred.
Examples of ancestors in the third degree:
Father’s mother’s father (FMF).
Mother’s mother’s father (MMF).

— Distribution:

FMF (paternal side) takes double the share of MMF (maternal side).

Illustration (iii):

— Further Absence:

Property passes to other ancestors:
Father of mother’s mother.
Mother of mother’s father.

— Distribution:

Father of mother’s mother (male) takes two-thirds (2/3).
Mother of mother’s father (female) takes one-third (1/3).

Conclusion:

The structured distribution of property among the ascendants of the deceased under Sunni inheritance law ensures that the nearest and most directly related ancestors are prioritized. The division of shares between paternal and maternal sides, and the preference for male ancestors, maintains the equity and balance in inheritance distribution, adhering to traditional Islamic principles.

Question: How is property distributed among the descendants of parents, other than sharers and residuaries, under Sunni inheritance law?

Answer:

Introduction:

Under Sunni inheritance law, the distribution of property among the descendants of parents, other than those classified as sharers and residuaries, follows specific rules and order. This ensures that the closest relatives inherit the property first, with a clear hierarchy to determine the rightful heirs.

Descendants of Parents Other than Sharers and Residuaries:

1. Classes of Heirs:

Daughters of full and consanguine brothers and sisters and their descendants, how low so ever.
Descendants of uterine brothers and sisters, how low so ever.

2. Rules for Distribution:

Rule 1: The heir who is nearer in degree excludes the remoter heir.
Rule 2: Among heirs in the same degree of relationship, the one related to the deceased through a residuary is preferred over one related through a distant kindred.
Rule 3: When heirs are in the same degree and related through a residuary or distant kindred, descendants of a full brother exclude those of consanguine brothers and sisters, but not the descendants of uterine brothers or sisters.

3. Order of Inheritance:

(a): Daughters of full brothers; children of full sisters, uterine brothers, and uterine sisters.
(b): Children of full, consanguine, and uterine sisters, and of uterine brothers; consanguine brother’s daughter.
(c): Children of uterine brothers and sisters, consanguine sister, and daughters of consanguine brothers.
(d): Daughters of full brother’s sons.
(e): Daughters of consanguine brother’s sons.
(f): Grandchildren of full sisters, uterine brothers and sisters, and children of full brother’s daughter.
(g): Grandchildren of full, consanguine, or uterine sisters and uterine brothers; children of consanguine brother’s daughters.
(h): Grandchildren of consanguine or uterine sisters, uterine brother, and children of consanguine brother’s daughters.
(i): Remoter descendants of brothers and sisters in similar order.

4. Allotment of Shares:

Rule 1: Heirs are treated as descendants of brothers and sisters, counting each brother and sister by the number of their descendants. For instance, a brother with three descendants is counted as three brothers.
Rule 2: If there is no full or consanguine brother among the roots (i.e., no residuary), the doctrine of return or radd is applied.
Rule 3: Uterine brothers and sisters are counted by the number of their descendants. One descendant gets one-sixth (1/6th), and two or more collectively get one-third (1/3rd).

Descendants of Grandparents (True or False):

When higher distant kindred are not present, the estate passes to the descendants of grandparents.
This group includes paternal and maternal uncles and aunts of the deceased and their descendants (excluding those already classified as residuaries), paternal and maternal uncles and aunts of the grandparents, and other similar relations.

Conclusion:

The structured inheritance rules ensure that the property of the deceased is distributed fairly among the descendants of parents and grandparents, adhering to the principles of Sunni inheritance law. The prioritization of closer relatives and the clear distinction between various classes of heirs maintain equity in inheritance distribution.

Question: What are the rules for the distribution of property among uncles, aunts, and their descendants under Sunni inheritance law?

Answer:

Introduction:

In Sunni inheritance law, the distribution of property among uncles, aunts, and their descendants follows a structured set of rules. This ensures that the closest relatives inherit the property first, with a clear hierarchy and division between paternal and maternal sides.

Rules for Distribution of Property Among Uncles and Aunts:

1. Division Between Paternal and Maternal Sides:

The paternal side receives two-thirds (2/3rd) of the property.
The maternal side receives one-third (1/3rd) of the property.

2. On the Paternal Side:

Full paternal aunts are allotted the property in equal shares, excluding consanguine and uterine relations.
Consanguine paternal aunts take in the absence of full paternal aunts and share equally.
In the absence of full and consanguine aunts, the property passes to uterine uncles and aunts, with males taking a double portion compared to females.

3. On the Maternal Side:

One-third (1/3rd) of the property is divided among maternal uncles and aunts, with each uncle taking a double share compared to each aunt.
Full maternal uncles and aunts exclude consanguine uncles and aunts, who in turn exclude uterine uncles and aunts.

4. Special Rule:

The rule of the paternal side taking two-thirds (2/3rd) and the maternal side taking one-third (1/3rd) applies only when uncles and aunts on both sides are present. If only one side’s uncles and aunts are present, they take the whole property.

Rules for Distribution of Property Among Descendants of Uncles and Aunts:

1. Division Between Paternal and Maternal Sides:

The paternal side is allotted two-thirds (2/3rd) of the property.
The maternal side gets one-third (1/3rd) of the property.

2. Order of Preference on the Paternal Side (2/3rd):

Sons and son’s sons of full paternal uncles, being residuaries, take preference.
Daughters of full paternal uncle.
Children of full paternal aunt.
Daughters of consanguine paternal uncle.
Children of consanguine paternal aunt.
Children of uterine paternal uncles and aunts.

3. Order of Preference on the Maternal Side (1/3rd):

Children of full maternal uncles and aunts.
Children of consanguine maternal uncles and aunts.
Children of uterine maternal uncles and aunts.

4. In the Absence of Children:

Grandchildren of uncles and aunts will take the property following the same rules.
If there are no descendants of uncles and aunts, the property devolves to remoter or higher uncles and aunts and then their descendants.

Conclusion:

The structured inheritance rules under Sunni law ensure equitable distribution of property among uncles, aunts, and their descendants. The prioritization of closer relatives and the clear distinction between the paternal and maternal sides maintain fairness in the inheritance process.

Question: What are the categories of successors not related by blood under Sunni inheritance law, and how does the doctrine of escheat apply?

Answer:

Introduction:

In Sunni inheritance law, there are provisions for individuals who are not related to the deceased by blood to inherit the property. These successors are categorized distinctly and inherit only in the absence of sharers, residuaries, and distant kindred. Additionally, the doctrine of escheat determines the fate of the property if no heirs are present.

Categories of Successors Not Related by Blood:

1. Successor by Contract:

This category includes individuals who derive their right of succession through a special kind of contract with the deceased. An example of such a contract could be an agreement where the successor is entitled to inherit in exchange for fulfilling a monetary liability of the deceased.

2. Acknowledged Kinsman:

An acknowledged kinsman is a person of unknown descent in whose favor the deceased has made an acknowledgment of kinship through another person. For instance, a deceased may acknowledge another person as his brother through the acknowledgment of a father-son relationship. However, this acknowledgment cannot be made directly to the individual concerned.
The acknowledged kinsman can inherit the property, but this is subject to the bequeathable limit of one-third (1/3rd) of the estate.

3. Universal Legatee:

A universal legatee is a person to whom the deceased has bequeathed the entire property under a will. The universal legatee inherits the entire property in the absence of all other heirs (sharers, residuaries, and distant kindred).

Doctrine of Escheat:

The doctrine of escheat applies when there are no heirs to inherit the property, and there is no valid bequest. Under this doctrine, the property of the deceased passes to the government. This ensures that the property does not remain ownerless and is utilized for public purposes.

Conclusion:

Sunni inheritance law provides a clear framework for the distribution of property to successors not related by blood, ensuring that the property is transferred responsibly even in the absence of traditional heirs. The categories of successors by contract, acknowledged kinsmen, and universal legatees offer structured alternatives, while the doctrine of escheat serves as a last resort, passing the property to the government to prevent it from being left without a rightful owner.

Finally, we have come to the conclusion. I wanted to compile the sunni law full in this blog, I hope you got the understanding. It was broad enough and long enough to make your eyes numb but we did it. Next will be shia law of inheritance.

Mr Law Officer Signing off.