Sunni Law of Inheritance

This slide show would help assist those who are interested to learn the basics of Sunni Law of Inheritance. It is a difficult area of law, but comprehension of some basic principles can facilitate a lot to make it relatively easy to understand and apply in practical life.

1. Sunni Law of
Inheritance:
An Introduction
Dr Shahbaz Ahmad Cheema
University Law College
University of the Punjab, Lahore.

2. Distribution of
Deceased’s Estate
1.Funeral Expenses
2.Debts
3.Will
4.Inheritance

3. Order of Priorities in
Inheritance
1.Sharers (Quranic Heirs)
2.Residuaries (Agnatic Heirs)
3.Radd/Return to Sharers
4.Distant Kindred (Uterine Heirs)
5.Radd/Return to Spouse
6.Universal Legatee
7.Bait ul Maal

4. Male Sharers
1.Father 1/6 (In presence of children)
2.True grandfather 1/6 (In absence of father)
3.Husband 1/4 (In presence of children) or 1/2
(In absence of children)
4.Uterine brother 1/6 (If alone and in absence
of father) or 1/3 (Two or more than two)

5. Female Sharers
1.Mother 1/6 (In presence of children)
2.Paternal grandmother 1/6 (In absence of mother)
3.Maternal grandmother 1/6 (In absence of mother)
4.Wife 1/8 (In presence of children) or 1/4 (In absence of children)
5.Daughter 1/2 (In absence of son and alone) or 2/3 (Two or more than
two)
6.Son’s daughter 1/2 (In absence of daughter and alone) or 2/3 (Two or
more than two)
7.Full sister 1/2 (In absence of father and children, and alone) or 2/3
(Two or more than two)
8.Consanguine sister 1/2 (In absence of full sister and alone) or 2/3
(Two or more than two)
9.Uterine sister 1/6 (In absence of father and alone) or 1/3 (Two or
more than two)

6. Residuaries
Three main categories of Residuaries:
1.Residuaries in Their Own Right
2.Residuaries in Another’s Right
3.Residuaries Together with Another

7. Residuaries in Their Own Right
This category is subdivided into four:
1.Male descendants how low so ever (e.g. son and
son’s son)
2.Male ascendants how high so ever (e.g. father and
true grandfather)
3.Deceased’s brother how low so ever (e.g. full and
consanguine brother and their son)
4.Brother of male ascendants how low so ever (e.g. full
uncle and consanguine uncle and their son)

8. Principles for Distribution among
Residuaries in Their Own Right
1.Preference on the basis of different directions of
relationship with deceased (e.g. son over father,
father over brother, brother over uncle)
2.Preference on the basis of various levels of
relationship to deceased (e.g. son over son’s son,
father over grandfather, consanguine brother over
full brother’s son)
3.Preference on the basis of proximity of relationship
with deceased (full brother over consanguine
brother, full brother’s son over consanguine
brother’s son)

9. Residuaries in Another’s Right
These are female Sharers who are converted into
Residuaries in presence of their male counterparts
provided the latter possess the same level of
relationship with deceased as well as the same
proximity of relationship, e.g.
1.Daughter along with son
2.Son’s daughter along with son’s son
3.Full sister along with full brother
4.Consanguine sister along with consanguine brother

10. Residuaries Together with Another
•Daughter(s) converts sister(s) (full as well as
consanguine) into this category.
•Daughters remain as sharers even after
conversion of sisters as residuaries. Once
daughters have their prescribed share, the rest
will be inherited by sisters.
•After conversion, sisters start behaving like their
male counterparts (e.g. full sister excludes
consanguine brother and full brother’s son).

11. Principle of Exclusion
•Exclusion of one legal heir by another from inheritance
on the basis of nearness in relationship with deceased
•Two kinds of Exclusion: Partial and Complete
•Six legal heirs cannot be completely excluded:
a.Father,
b.Mother,
c.Son,
d.Daughter,
e.Husband, and
f.Wife.

12. Male Heirs Completely Excluded by Other
Legal Heirs
a. True grandfather is excluded by father. Moreover, true grandfather who is nearer in his
relationship to deceased will exclude the remoter true grandfather.
b. Full brother is excluded by father and male descendent.
c. Consanguine brother is excluded by (i) those who exclude full brother, i.e. father and male
descendent, (ii) full brother, and (iii) full sister when she becomes the residuaries together
with another.
d. Uterine brother or sister is excluded by (i) male ascendant and (ii) male and female
descendent.
e. Son’s son is excluded by son. Similarly, son’s son will exclude the other remoter male
descendents, e.g. son of son’s son.
f. Full brother’s son is excluded by (i) father or true grandfather, (ii) son or son’s son, and (iii) full
and consanguine brother.
g. Consanguine brother’s son is excluded by anyone who excludes full brother’s son and by full
brother’s son.
h. Full uncle is excluded by consanguine brother’s son and all those who exclude consanguine
brother’s son.
i. Consanguine uncle is excluded by full uncle and all those who exclude full uncle.
j. Full uncle’s son is excluded by consanguine uncle and all those who exclude consanguine uncle.
k. Consanguine uncle’s son is excluded by full uncle’s son and all those who exclude full uncle’s
son.

13. Female Heirs Totally Excluded by
Other Legal Heirs
a. Paternal/maternal grandmother is excluded by
mother.
b. Son’s daughter is excluded by (i) son, and (ii) two or
more than two daughters except when she becomes
the residuaries in another’s right along with son’s son.
c. Full sister is excluded by (i) father, and (ii) any male
descendent.
d. Consanguine sister is excluded by (i) father, (ii) any
male descendent, (iii) two or more than two full
sisters, and (iv) full sister when she becomes the
residuaries together with another.
e. Uterine sister is excluded by (i) male ascendant, and (ii)
a male and female descendent.

14. Principle of Radd/Return
•It is applied when we are required to
distribute estate among sharers only in
absence of residuaries.
•Sharers may not consume the entire estate in
the first round of distribution. Hence, they are
once again given some share in the estate as
per their original prescribed share.
•Spouses are not entitled to have any property
at this stage of application of Radd.

15. Distant Kindred/Uterine Heirs
•The main illustrations of this category are:
a.Maternal relatives (Maternal grandfather, maternal
uncle and aunt, their children),
b.Paternal relatives not included in Sharers and
Residuaries (daughter’s children, sister’s children,
paternal uncle’s wife)
•Three manners of distribution:
a.Ahl al-Rahm (now obsolete)
b.Ahl al-Tanzil (followed by Hanbali, Shafi, and Maliki)
c.Ahl al-Qarabah (followed by Hanafi and applied in
Pakistan)

16. Ahl al-Qarabah
•Division of distant kindred into four classes:
a.Descendants of deceased (daughter’s children)
b.Ascendants of deceased (false grandfather, false
grandmother)
c.Relatives of deceased’s parent (sister’s children,
brothers’ daughter, uterine brother’s son)
d.Relatives of deceased’s grandparents (paternal
uncle’s wife, maternal uncles and aunts, and their
children)

17. In Absence of Distant
Kindred
•Return to Spouse if there is no Sharer except
deceased’s Husband or Wife, Residuaries and
Distant Kindred.
•Deposit to Bail ul Maal if none of the above
categories of legal heirs exist including
deceased’s spouse.

18. Rule of Aul
•When the calculated shares of Sharers exceed
from the supposed shares, the latter are also
increased to correspond the figure of the
calculated shares.
•After application of Aul, though number of shares
remain same but the quantity of shares decrease
and sometimes substantially.
•6 may convert into 7, 8, 9, and10
•12 may convert into 13, 15, and 17
•24 may convert into 27.

19. Illustrations
•Husband, father, mother, and sons
•Wife, true grandmother, mother, father, son, and daughter
•Wife, father, grandson, daughter, full brother
•Wife, father, and daughters
•Full sisters, uterine brother, true grandmother, and consanguine brother
•Husband, mother, full sister, and uterine sister
•Husband, father, mother, and daughter
•Husband, daughters, and uterine brother
•Husband, full sisters, and uterine sisters
•Daughter and mother
•Wife and daughter
•Wife and maternal grandfather
•Wife
•Wife, granddaughters, and consanguine brother