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A Comparative Study of Shia and Sunni Inheritance Laws

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47 views15 pages

A Comparative Study of Shia and Sunni Inheritance Laws

Uploaded by

shabeerpanath19
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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A Comparative Study of Shia

and Sunni Inheritance Laws

This presentation will compare and contrast the key


differences between Shia and Sunni inheritance
laws, exploring the various aspects that shape the
distribution of property after death within these two
branches of Islam.
Structural Differences in Heir Categorization
Shia Law
Shia law divides legal heirs into three basic classes.

• Class 1: (i) Parents, and (ii) Children (male and female). The children also include their
descendants, however low they are, irrespective of whether they are descendants of male or female
children.
• Class 2: (i) Grandparents (true or false) how high so ever, and (ii) Brothers and sisters
(full, consanguine, and uterine) and their descendants how low so ever irrespective of their
gender.
• Class 3: (i) Paternal uncles and aunts, (ii) Maternal uncles and aunts, and (iii) Their
children how low so ever irrespective of their gender.
• There are 9 Sharers in Shia law. Grandparents and son's daughter
are not regarded as Sharers
• Residuaries do not play significant role in Shia scheme
• Shia law does not recognize Distant Kindred
• Legal heirs are classified in three main classes in addition to
Sharers and Residuaries
• Rule of Aul is not resorted to in Shia law
• Principle of Representation is applied for distribution among
distant layers of relatives
• Shia law is more gender sensitive than Sunni law
Sunni Law

Sunni law employs a different categorization, focusing on three types of heirs:

1) Sharers (those with predetermined shares),

2) 2) Residuaries (those who inherit the remaining estate), and

3) 3) Distant Kindred (those who inherit if no other heirs exist). This categorization

highlights the prioritization and exclusion of specific heirs.


Principles of Inheritance: Gender &
Prioritization
Shia Law

In general, Shia law does not differentiate between male and


female heirs within the same class, except for specific share
ratios. For example, a daughter receives half the share of a
son. This equality is based on the principle of equal rights for
all descendants.
• Legal heirs of Class 1 exclude legal heirs of Class 2 and similarly
legal heirs of Class 2 exclude legal heirs of Class 3
• Female legal heir located in the Class 1 will exclude a male heir
situated in the Classes 2 & 3 despite the fact he is regarded as
residuary (e.g. daughter deprives grandfather, brothers, and uncles)
• Female legal heir nearer in degree excludes male legal heir who is
remoter in degree (e.g. daughter excludes son's son though the both
belong to the same class)
• Female legal heir more closely linked to deceased excludes male
legal heir relatively remotely connected (e.g. full sister excludes
consanguine brother)
Sunni Law

Sunni law often prioritizes male heirs, with distinct rules for
inheritance based on gender. For instance, a male heir may receive a
larger share than a female heir or inherit as a residuary while a female
heir does not.
Inheritance of Spouses: Movable and Immovable Property

Shia Law
Shia law recognizes spouses as heirs by affinity and applies additional restrictions. For
example, a childless widow may not inherit immovable property, while a widower can
inherit from his wife. These limitations reflect that when it was a child less widow she only
get movable property.
Sunni Law
In Sunni law, there is no distinction between movable and immovable property
when it comes to spousal inheritance. Both male and female spouses inherit a
predetermined share from the deceased's estate, regardless of the nature of the
property. This approach emphasizes a consistent application of the Quranic
provisions.
Application of Radd (Return) and Aul (Increase)

Shia Law

Shia law utilizes Radd (Return) more frequently due to the


limited role of residuaries. This principle ensures that the
entire estate is distributed among designated heirs without
leaving any portion unallocated. Radd involves returning the
share of a deceased heir back to the estate to be redistributed.
Sunni Law

In Sunni law, residuaries play a crucial role in minimizing leftover estate, reducing
the frequency of Radd. Instead, Aul (Increase) is applied when necessary to
redistribute shares proportionally. This method involves adjusting the shares of the
heirs to ensure the entire estate is distributed, while respecting the Quranic
proportions.
Principle of Representation in Inheritance

Shia Law

In Shia law, descendants inherit per stripes (representing their


deceased parent's share). This means that grandchildren inherit the
share their parents would have received had they been alive. This
system ensures that the shares are distributed proportionally among
the different generations.
Sunni Law
Sunni law, on the other hand, distributes inheritance per capita, treating all
descendants equally. This system divides the shares equally among all the
grandchildren, regardless of the deceased parent's share. This approach aims to be
more equitable and simplifies the allocation process.
Similarities and Common Ground

2
Quranic Foundation
Both Shia and Sunni inheritance laws find their foundational principles in the Quran. This shared source provides a common
framework for determining the rights of heirs and the principles of equitable distribution.

1
Shared Heirs
Both systems recognize shared heirs, including parents, children, and spouses. This recognition highlights the fundamental
importance of family ties and the provision for close relatives in Islamic jurisprudence.
The end

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