MUSLIM LAW OF INHERITANCE
[Link] Bhardwaj
Comprehensive Study Notes
General Rules • Sunni Law • Doctrine of Exclusion-
PART I: GENERAL RULES OF MUSLIM INHERITANCE
1. SOURCES OF MUSLIM INHERITANCE LAW
Muslim law of inheritance is derived from four primary sources: (1) The Quran - containing explicit
verses in Surah An-Nisa (4:11, 4:12, 4:176) prescribing fixed shares for heirs; (2) The Hadith -
traditions of Prophet Muhammad providing supplementary guidance; (3) Ijma - consensus of
Muslim jurists on ambiguous matters; and (4) Qiyas - analogical reasoning applied to new
situations. The Quran is the primary source, with other sources supplementing where the Quran
is silent.
2. FUNDAMENTAL PRINCIPLES
(a) Inheritance Opens on Death: Estate vests in heirs immediately upon death, unlike Hindu law
requiring funeral rites.
(b) No Primogeniture: All children of same class inherit equally; eldest son has no special
privilege.
(c) No Representation (Sunni): Grandson cannot step into predeceased father's shoes. Shia
law recognizes representation.
(d) Limited Testamentary Power: Only 1/3rd of net estate disposable by will. Bequest to legal
heir void unless others consent after death.
(e) Both Genders Inherit: Males generally receive double females' share (Quran 4:11), but both
have independent rights.
(f) Nearer Excludes Remoter: Person closer in relationship excludes remoter person (e.g., son
excludes grandson).
3. DISQUALIFICATIONS FROM INHERITANCE
(i) Homicide: Murderer cannot inherit from victim (Hadith: 'The killer does not inherit'). Applies to
intentional, culpable, and accidental killing.
(ii) Difference in Religion: Muslim cannot inherit from non-Muslim and vice versa. Apostate
excluded. Convert to Islam cannot inherit from non-Muslim relatives.
(iii) Illegitimacy: Illegitimate child cannot inherit from father/paternal relatives but can from
mother/maternal relatives.
4. ORDER OF DISTRIBUTION
Estate distributed in strict order: (1) Funeral Expenses - reasonable costs according to deceased's
status; (2) Debts - all lawful obligations including commercial debts, unpaid dower, wages; (3)
Bequests - up to 1/3rd of residue, exceeding void unless heirs consent; (4) Distribution to Legal
Heirs - remaining estate divided per prescribed shares.
5. CLASSIFICATION OF HEIRS
A. Sharers (Dhawul Furud): Heirs entitled to fixed Quranic shares. 12 total: 4 males (husband,
father, true grandfather, uterine brother) and 8 females (wife, daughter, son's daughter, mother,
true grandmother, full sister, consanguine sister, uterine sister).
B. Residuaries (Asaba): Take residue after Sharers. Three types: (i) Asaba bi-nafsih (male
residuaries by own right - sons, grandsons, brothers, uncles); (ii) Asaba bil-ghair (females
becoming residuaries with males - daughter with son); (iii) Asaba ma'al-ghair (sisters becoming
residuaries with daughters).
C. Distant Kindred (Dhawul Arham): Neither Sharers nor Residuaries. Inherit only in absence
of both. Includes: daughter's children, maternal relatives, false grandparents, maternal
uncles/aunts, paternal aunts.
PART II: SUNNI LAW OF INHERITANCE
1. SHARERS UNDER SUNNI LAW - PRESCRIBED SHARES
SHARER SHARE CONDITIONS
Husband 1/2 or 1/4 1/2 if no child/son's child; 1/4 if child/son's child exists
Wife 1/4 or 1/8 1/4 if no child/son's child; 1/8 if child exists. Multiple
wives share equally
Father 1/6 or 1/6+Residue 1/6 if child exists; 1/6+Residue if only daughter/son's
daughter; Residuary if no child
Mother 1/3 or 1/6 1/3 if no child & ≤1 sibling; 1/6 if child exists OR 2+
siblings
Daughter 1/2 or 2/3 or 1/2 if alone & no son; 2/3 if 2+ & no son; Residuary
Residuary with son (2:1)
Full Sister 1/2 or 2/3 or Same as daughter; Residuary with full brother or with
Residuary daughter. Excluded by son/son's son/father
2. RESIDUARIES (ASABA) - ORDER OF PRIORITY
Class I - Descendants in Male Line: (1) Son (2) Son's son how low soever. Rule: Son excludes
son's son.
Class II - Ascendants: (1) Father (2) True grandfather. Rule: Father excludes grandfather.
Class III - Descendants of Father: (1) Full brother (2) Consanguine brother (3) Full brother's son
(4) Consanguine brother's son. Rule: Full excludes consanguine; brothers excluded by son/father.
Class IV - Descendants of Grandfather: (1) Full paternal uncle (2) Consanguine paternal uncle
(3) Their sons. Rule: Excluded by all nearer residuaries.
3. DOCTRINE OF AUL (INCREASE)
Applies when Quranic shares exceed unity. Shares proportionately reduced by increasing
common denominator. Example: Husband (1/2), Mother (1/3), Two full sisters (2/3) = 3/6 + 2/6 +
4/6 = 9/6. Denominator increased from 6 to 9. Final shares: Husband 3/9, Mother 2/9, Sisters 4/9.
4. DOCTRINE OF RADD (RETURN)
Applies when Quranic shares < unity and no Residuaries present. Surplus returned to Sharers
(excluding spouse) proportionately. Example: Husband (1/4), Daughter (1/2) = 3/4 total. Surplus
1/4 goes to daughter. Final: Husband 1/4, Daughter 3/4. Spouse never participates in Radd.
PART III: DOCTRINE OF EXCLUSION (HIJAB)
1. CONCEPT OF HIJAB
Hijab means 'veil' or 'barrier'. Refers to exclusion of heirs (wholly or partially) by presence of
nearer heirs. Fundamental principle: 'Nearer in degree excludes the remoter.'
Two Types:
(A) Total Exclusion (Hijab-e-Hirman): Heir completely excluded, receives nothing. Example:
Grandson excluded by son.
(B) Partial Exclusion (Hijab-e-Nuqsan): Heir receives reduced share. Example: Husband's
share reduced from 1/2 to 1/4 by presence of children.
2. HEIRS WHO CAN NEVER BE TOTALLY EXCLUDED
Six heirs cannot be totally excluded under any circumstances: (1) Husband (2) Wife (3) Son
(4) Daughter (5) Father (6) Mother. These always inherit some share regardless of other heirs
present.
3. DETAILED EXCLUSION RULES
A. TOTAL EXCLUSION RULES
True Grandfather excluded by: Father (always).
True Grandmother excluded by: Mother (always); Father (only paternal grandmother).
Son's Son excluded by: Son; Nearer son's son.
Son's Daughter excluded by: Son; Son's son (same/nearer degree); Two or more daughters
(taking 2/3).
Full Brother excluded by: Son; Son's son; Father.
Consanguine Brother excluded by: Son; Son's son; Father; Full brother.
Uterine Brother/Sister excluded by: Child (any); Son's child; Father; True grandfather.
Full Sister excluded by: Son; Son's son; Father; Two or more full brothers.
Consanguine Sister excluded by: Son; Son's son; Father; Full brother; Full sister (as residuary);
Two or more full sisters.
B. PARTIAL EXCLUSION RULES
Husband: 1/2 → 1/4 (when child/son's child present)
Wife: 1/4 → 1/8 (when child/son's child present)
Mother: 1/3 → 1/6 (when child/son's child present OR 2+ siblings). Important: Siblings need not
inherit; mere existence reduces mother's share.
Father: Residuary → 1/6 only (when child present); Residuary → 1/6 + Residue (when only
daughter/son's daughter)
Daughter: Fixed share (1/2 or 2/3) → Variable residuary with son (2:1 ratio)
Full/Consanguine Sister: Fixed share → Residuary with brother or with daughter
4. KEY PRINCIPLES OF EXCLUSION
PRINCIPLE EXPLANATION
Nearer Excludes Person closer in relationship excludes remoter person in same
Remoter line. Son excludes grandson; father excludes grandfather.
Descendants Exclude Any child or son's child excludes all brothers and their
Collaterals descendants.
Father's Exclusionary Father excludes: true grandfather, all brothers (when child
Power present), paternal uncles.
Full Excludes Full brother/sister excludes consanguine brother/sister (sharing
Consanguine both parents stronger than sharing only father).
Mother's Special Case Mother partially excluded by 2+ siblings even if those siblings
themselves don't inherit.
5. PRACTICAL CASE STUDY: MULTIPLE EXCLUSIONS
Scenario: A Sunni Muslim man dies leaving: Father, Mother, Wife, 2 Sons, 3 Daughters, Full
Brother, Grandson (son's son), True Grandfather.
Application of Exclusion:
Totally Excluded:
• Full Brother - excluded by sons (descendants exclude collaterals)
• Grandson - excluded by sons (nearer excludes remoter)
• True Grandfather - excluded by father (nearer ascendant excludes remoter)
Partially Excluded:
• Wife - 1/4 → 1/8 (presence of children)
• Father - Residuary → 1/6 only (presence of children)
• Mother - 1/3 → 1/6 (presence of children)
• Daughters - Fixed share → Residuary with sons (2:1)
Legal Heirs: Father (1/6), Mother (1/6), Wife (1/8), 2 Sons & 3 Daughters (Residue in ratio 2:1)
CONCLUSION
The doctrine of exclusion (hijab) is fundamental to Muslim inheritance law, ensuring that estate
distribution follows a logical hierarchy based on proximity of relationship. Under Sunni law, the
interplay between Sharers, Residuaries, and the rules of exclusion creates a comprehensive
system where nearer heirs take precedence over remoter ones. Mastery of these exclusion rules
is essential for correctly determining inheritance shares in complex family situations. The six heirs
who can never be totally excluded (husband, wife, father, mother, son, daughter) form the core of
the inheritance system, with all other heirs subject to exclusion based on the presence of these
or other nearer relatives. Understanding both total and partial exclusion, along with the special
transformations (like daughters becoming residuaries with sons), enables proper application of
Sunni inheritance law to real-world scenarios.