The Sunni (Hanafi) Law of inheritance

Classification of heirs
In India, muslims are mostly followers of the hanafi school. Therefore a
learning of the Hanafi law of inheritance is sufficient. For allotment of shares
among legal heirs, the heirs are classified into three categories: -
A. Principal classes
a. Quranic heirs or Sharers
b. Residuaries or Agnatic Heirs
c. Distant Kindred or Uterine heirs
B. Subsidiary classes
a. Successor by contract
b. Acknowledged kinsman
c. Universal Legatee
d. State (through the process of escheat)
Scheme of distribution among heirs
 The principal classes have preference above the subsidiary classes.
 The distribution of property is done under the scheme of fractions.
 Out of the principal classes, the first preference goes to quranic heirs.
 If there is any residue or balance available after distributing the property
then such balance is distributed among the residuaries and if there are no
Quranic heirs or residuaries, then the property is distributed among
distant kindred.
 A person falling under the category of distant kindred shall therefore not
inherit in the presence of a Quranic heir or a Residuary. An exception to
this rule applies only when the propositus leaves behind his or her spouse
and only distant kindred. In such circumstances, the spouse inherits only
¼ th of the bequeathable property as a Quranic heir and the remaining ¾
th of the property goes to the distant kindred.

Quranic heirs
The shares of these heirs are specified in the Quran itself. They can be
considered as the class 1 heirs under muslim law. There are four important
issues that are to be addressed when succession opens
1. Who are the heirs of referred to as Quranic heirs?
2. What is the respective share of each person?
 3. Is such heir excluded by the presence of any heir or is there a difference
in share of any such person due to the presence of a person in the same
class?
4. Any other fact that may be considered like questions on legitimacy.
Quranic heirs are classified into two categories relations by marriage that is
spouses and relations by blood. The rules for distribution of property for each
quranic heir is as follows: -
 Relations by marriage
o Husband
 Inherits ½ the property in the absence of a child or
child of a son however low so ever.
 Inherits ¼ the property in the presence of a child or
child of a son however low so ever.
The term however low so ever in this provision
implies any descendant of the son (grand-children,
great grand-children and so on).
If A dies and is survived by her husband B and son X,
B will inherit ¼ the assets because X survives A as
well.
If A dies and is survived by her husband B and her
sons daughter X, B will inherit ¼ the assets because X
survives A as well.
If X doesn’t survive A then B will get ½ the assets of
A.
o Widow
 Inherits ¼ the property in the absence of a child or
child of a son however low so ever
 Inherits 1/8th the property in the presence of a child or
child of a son however low so ever
 If there are more than one widow left by the
propositus, all widows shall inherit the 1/4th or 1/8th
share together in equal proportion.
If A dies and is survived by his wife B and son X, B
will inherit 1/8 the assets because X survives A as
well.
If A dies and is survived by his wife B only, B will
inherit ¼ the assets because there are no children who
survived A.
 If A dies and is survived by two wives B and C and
children X, Y and Z, then the wives will have to share
the 1/8 they get so each widow will get ⅟16 (½ *⅛).

 Relations by Blood
o Father
 In the absence of children or children of sons of the
propositus, the father is treated as a residuary.
 In the presence of children or children of a son of the
propositus, the father inherits ⅙ the assets.
 The presence of the father excludes
 Paternal grandfather
 Paternal grandmother
 All siblings of the propositus whether full,
uterine or consanguine
 The presence of the father reduces the share of
the mother
o True grandfather
 Inherits only in absence of father of propositus
 In the absence of children or children of sons of the
propositus, the father is treated as a residuary.
 In the presence of children or children of a son of the
propositus, the father inherits ⅙ the assets.
 True grandfather excludes
 All siblings of the propositus
o Mother
 Inherits ⅓ in the absence of the following persons
 Children or,
 Children of sons however low so ever or,
 Two full sisters or,
 Two full brothers or,
 One brother along with one sister (full, uterine
or consanguine)
 The share of the mother is ⅙ in the presence of these
persons
 If the mother, father and the spouse of the propositus
has survived, the mother inherits ⅓ after deducting the
share of the widow. However, she can inherit only
half of the share of the father.
  The presence of a true grandfather shall not affect the
right to ⅓ in the absence of children as which happens
in the case of the father.
 Example: If A is survived by his mother father and
widow only, then the widow gets ¼. The remaining ¾
will be divided as ⅓ * ¾ = ¼ for the mother and that
½ is for father as father is a residuary.
 The mother excludes all grandmothers (both true and
false) from inheritance
o True grandmother
 A true grandmother includes grandmothers on the side
of both the parents therefore they have to be discussed
separately.
 A Maternal grandmother is excluded from inheritance
in the presence of
 Mother
 Nearer maternal or paternal true grandmother
 A paternal grandmother is excluded from inheritance
in the presence of
 Mother
 Father
 Nearer true grandmother whether paternal or
maternal.
 This concern arises because of the definition of true
grandmother. The definition includes grandmothers on
both paternal and maternal relations.
 The grandmother of closer degree is preferred above
those who are of higher generations. Example: the
paternal grandfathers’ mother will be excluded from
inheritance in the presence of the paternal
grandmother or the maternal grandmother of the
propositus as both shall fall under the ambit of nearer
true grandmother.
 A true grandmother shall inherit ⅙.

o Daughter
 Share of one daughter is ½.
 If A is survived by his widow B, only child who is his
daughter C and his mother X and father Y, the
property will be divided in the following way:
Calculation:
share of widow ⅛ + share of daughter ½ = ⅝
remaining property to be distributed is ⅜
share of mother is ⅓ of ⅜ = ⅛
share of father is the residue that is 2/8 = ¼
therefore
B will get ⅛
C will get ½
Mother gets ⅛
Father gets ¼
 If there are more than one daughter’s, then the share is
⅔ which has to be equally divided among them.
 Daughter is treated as a residuary if there are sons and
are treated as together as agnatic heirs.
o Sons daughter
Sons daughter means to include the daughter of son,
grandson, great grandson and so on.
 Inherits only in the absence of
 Two or more daughters
 Son
 Higher sons’ son
 Two or more higher sons’ daughter
 The sons’ daughter can inherit ½ if she is the only one
under this class. If she has sisters, all of them shall
inherit ⅔ rd of the property.
 In circumstances where she inherits with one daughter
of the propositus, the share gets decreased to ⅙
irrespective of how many of them are there.
 Sons’ daughter is treated as a residuary if she has a
brother or if nephew who is an agnate of the
propositus.
o Full sister
 The share of one full sister is 1/2.
 The share of two or more sisters is ⅔ rd if there are
more than one.
 Full sister with a full brother becomes a residuary as
an agnatic heir.
  Full sisters are excluded from inheritance in the case
of
 Child
 Child of son however low so ever
 Father
 Paternal grandfather
o Consanguine sister
 Share of one consanguine sister is ½.
 The share of two or more consanguine sisters is ⅔ and
is to be equally divided among them.
 If there is a full sister the consanguine sister inherits
⅙ whether single or with more
 Consanguine sister is excluded from inheritance if the
following persons are alive
 Child
 Child of son however low so ever
 Father
 Paternal grandfather
 Two full sisters
 One full brother.
 A consanguine sister inherits property along with the
consanguine brother as a residuary as she is an agnatic
heir.
o Uterine brother
 Share of uterine brother is ⅙.
 If there are two or more uterine brothers, they shall
inherit ⅓ which has to be divided equally among them
 Uterine brothers inherit only in the absence of
 Child
 Child of son however low so ever
 Father
 Paternal grandfather.
o Uterine sister
 Share of uterine sister is ⅙.
 If there are two or more uterine sisters, they shall
inherit ⅓ which has to be divided equally among them
 Uterine sisters inherit only in the absence of
 Child
 Child of son however low so ever
  Father
 Paternal grandfather.
Therefore, under the quranic heirs, the first persons to be identified are: -
 Children of the propositus including agnate grandchildren. Agnate
grandchildren mean those who are related to the propositus through their
father or true grandfather only.
o They include
 Sons of propositus
 Daughters of propositus
 Sons’ son’s and Sons’ daughter’s
 Sons’ sons’ son’s and sons’ sons’ daughter’s
o They exclude all siblings of the propositus
o They reduce the shares of the mother and the spouse/spouses of the
propositus by half of their quranic share.
o The father is made a residuary in case the propositus has no
children

 Spouse or Spouses (in case there are two or more wives for the
propositus)
 Parents
 Grandparents (if parents are no more).
 Siblings (if there are no children, agnate grandchildren, father or true
grandfather)
In all cases of inheritance, the calculation must be in such a manner that the sum
total of all fractions must be 1. However, there are situations where there can be
a clash in the amount of property that is to be given as shares of persons
calculated can be more than what is available. The share calculated can be in
excess of property that is available. To reconcile such problems, there are two
doctrines that are to be followed. They are the doctrine of Aul (increase) and the
doctrine of Radd (decrease).
 Doctrine of increase (Aul)
When the shares are computed, if the fraction is such that the numerator is more
than the denominator, the denominator has to be increased by such a difference.
The shares cannot be decreased as these shares are prescribed under the Quran.

Example
If the computation of shares due to the presence of husband, mother, daughter
and sons’ daughter of a muslim lady has led to a total of 13/12, then it means
that the property is divided only into 12 parts but the shares computed has come
to 13 parts. According to this doctrine, the property that was divided into 12
parts must be re-divided into 13 parts and distributed among the heirs.
Illustrations
A sunni muslim is survived by her husband, mother and two full sisters. The
shares of each are as follows
Husband – ½
Sisters- ⅔
Mother - ⅙
Adding up the three portions, (½ + ⅙ + ⅔) by finding a common denominator,
the sum total we get is 8/6 (husband gets 3/6, sisters get 4/6 mother gets 1/6).
Therefore, the number of shares required is to be 8 but the property is divided
into only 6 portions. The property will have to be re-divided into 8 portions. The
property must be divided in such a way that the numerator shall not change.
The husband who is supposed to get 3/6 that is half will get only 3/8
The sisters who are supposed to get ⅔ rd will get only 4/8 which means they
will get ½ together meaning ¼ will be given for each of them.
The mother will get only ⅛.

Doctrine of Return (Radd)

The doctrine of radd applies in cases where there are no residuaries to inherit
property. If there is property given to the quranic heirs and if there is a residue,
such residue must be distributed among the residuaries. If there are no
residuaries, the property is given to the quranic heirs itself. This is because the
distant kindred of the propositus shall inherit only in the absence of quranic
heirs and residuaries.
The following rules apply to apply the doctrine of Radd: -
1. Residue is added in proportion to each share.
2. Husband and widows do not participate in the doctrine of return. The
only exception to this rule is only if the spouse is the sole surviving heir
of the propositus. So, if a widow is the only heir of her husband, then she
shall get her ¼ according to the Quranic share and the remaining ¾
through the doctrine of radd. Same applies if the husband is the sole heir
of the propositus.
Method
1. Allotment of quranic shares has to be done
2. Spouse is left apart in the calculation of radd
3. Share of husband or widow is deducted to obtain remaining heritable
property.
4. Proportion of respective sharers of remaining heirs to each other has to be
ascertained
5. Remaining heritable property has to be divided in the ratio of shares
among such sharers
Example 1
The surviving heirs of a propositus are widow, mother and daughter. The
quranic shares are ⅛, ⅙ and ½ respectively.
Adding up the shares the proportion to obtain a common denominator we will
find that the proportion will be 3/24 for the widow, 4/24 for the mother and
12/24 for the daughter. This comes to a total of only 19/24. So, there is a surplus
number of 5 shares to be distributed.
For the calculation under the doctrine of radd the step are,
Deduct the quranic share of the widow (⅛) from the total.
The remainder is ⅞. This is the remaining heritable property.
The ratio of shares between the shares of the mother and daughter is 1:3.
{4/24 :12/24}.
Convert the ratio into a fraction. The mother will get ¼ and the daughter gets ¾.
Multiply the fraction into ⅞ to get the share of each person.
Mothers share = ⅞* ¼ = 7/32
Daughters Share = ⅞ * ¾ = 21/32
Spouse share of ⅛ can be converted to 4/32
Cross check the sum 7/32 +21/32+4/32 = 32/32 = 1
Example 2
If a sunni is survived by mother, daughter and sons’ daughter, the respective
shares are ⅙, ½ and ⅙ respectively. Computing the shares to make a common
denominator, the shares become ⅙, 3/6 and ⅙. The sum of the fractions comes
to ⅚. Here there is an additional portion of ⅙ that has no one to take as
residuary.
Applying the doctrine of Radd, the total property has to hence be re-divided
among the heirs as 5 portions only. The fractions of the proportion will hence
change to ⅕ for the mother , ⅗ for the daughter and ⅕ for the sons daughter.