Introduction
The Islamic law of inheritance, while universally rooted in the Quran and Hadith, is applied through different interpretations across various schools of thought. The two major sects in Islam — Sunni and Shia — follow distinct legal doctrines, especially in the distribution of a deceased Muslim’s estate. Although both agree on core values such as the sanctity of Quranic shares and the need for equity in distribution, they diverge significantly in terms of order of heirs, recognition of relatives, exclusion principles, and methods of succession. These variations are not just theoretical; they have real legal implications, especially in India, where both Sunni and Shia Muslims are governed by their respective personal laws in matters of inheritance.
In this blog, we examine the nuanced differences between Sunni and Shia inheritance laws, offering a comparative overview of their rules and legal philosophies.
🔗 Also read: General Principles of Inheritance under Muslim Law
Foundational Doctrines and Schools
The Sunni school of inheritance law is largely governed by the Hanafi doctrine in South Asia, while Shia Muslims follow the Ithna Ashari (Twelver) school. Both derive their inheritance principles from the Quran and Sunnah, but the methods of interpretation and implementation differ significantly.
Sunni jurisprudence divides heirs into Sharers (Ashab al-Furud) and Residuaries (Asabah). Fixed shares are first allocated to sharers, and the residue goes to residuaries.
In contrast, Shia law does not adopt the classification of residuaries. It follows a tiered order of heirs, with strict prioritization. Shia law rejects the concept of residuary inheritance and instead gives exclusive rights to closer heirs, even if it leads to exclusion of certain agnates.
Differences in Recognition of Heirs
One of the most important differences between the two schools is in the recognition of heirs.
Under Sunni law:
- Agnates (relatives through the male line) are given preference.
- Distant male relatives can inherit in the absence of nearer ones.
- Stepchildren and illegitimate children generally do not inherit.
- Grandparents and siblings may coexist in inheritance.
Under Shia law:
- Agnatic bias is rejected.
- Both agnates and cognates (relatives through female line) are recognized.
- Illegitimate children are generally excluded, but there are exceptions in cases of acknowledgment (Iqrar).
- Siblings may be excluded if descendants are present.
Thus, Shia law allows more inclusive inheritance to relatives from both paternal and maternal lines, while Sunni law prioritizes male agnatic relations.
Rules of Exclusion and Preference
The doctrine of exclusion plays a critical role in Islamic succession law. Sunni and Shia laws differ significantly in this area.
Under Sunni law:
- A nearer heir excludes a more remote heir.
- The presence of a son excludes the son’s son, brothers, and uncles.
- Full siblings may exclude half-siblings.
Under Shia law:
-
Exclusion is determined based on classification into three tiers:
- Parents and children
- Grandparents and siblings
- Uncles, aunts, and cousins
Shia law is more rigid in its exclusion principle, while Sunni law allows a more layered structure with fixed shares and residuaries coexisting.
Role of Daughters and Female Heirs
In both Sunni and Shia laws, daughters and other female heirs are entitled to inherit, although there are subtle differences.
In Sunni law:
- A single daughter inherits half the estate if alone, and two-thirds collectively if multiple.
- Daughters are residuaries with sons in a 2:1 ratio.
In Shia law:
- The daughter’s share is not enhanced beyond what the Quran provides (half or two-thirds).
- Shia law does not recognize daughters as residuaries.
- If only daughters exist without a son, and the estate remains after their share, it is distributed to the next tier.
Thus, Sunni law provides more flexible mechanisms for daughters to claim excess shares as residuaries, whereas Shia law strictly adheres to the fixed quantum unless a male heir exists in the next class.
Inheritance by Spouses
Both Sunni and Shia laws provide fixed shares to spouses, though the rules are generally similar.
- Husband:
- One-half (if no child or grandchild)
- One-fourth (if there are children
2. Wife:
- One-fourth (if no children)
- One-eighth (if there are children)
However, Shia law does not allow the wife to inherit land — only movable property — unless this rule has been waived by local custom or judicial interpretation. In contrast, Sunni law allows wives to inherit both movable and immovable property.
This distinction has led to significant legal debates, especially when partitioning agricultural or ancestral land.
Treatment of Grandparents and Collaterals
In Sunni law, if the deceased has no father, the paternal grandfather steps in as a residuary. He may even co-exist with other heirs like siblings.
Shia law, however, prioritizes direct descendants and excludes collaterals more aggressively. Grandparents may be completely excluded by children or even by the deceased’s mother under certain circumstances.
Siblings under Sunni law may inherit either as sharers or residuaries depending on the presence of children, while under Shia law, their rights are limited if parents or children are alive.
Doctrine of Return (Radd) and Aul
The doctrine of return (Radd) and doctrine of increase (Aul) are mechanisms to adjust the estate when the shares either do not exhaust the estate (Radd) or exceed it (Aul).
- In Sunni law, both doctrines are applicable. If the total shares exceed the estate, shares are proportionally reduced (Aul). If there's a surplus, it may be redistributed to sharers (Radd).
- In Shia law, Aul is not accepted, and Radd is allowed more liberally, especially to female heirs and daughters.
This reflects a more egalitarian approach in Shia law, especially when redistributing surplus to female heirs, who are often denied residuary rights in their system.
Absence of Residuary Concept in Shia Law
A notable difference is the absence of the residuary (Asabah) category in Shia law. While Sunni law provides for after-sharer distribution to male relatives (like sons, brothers, uncles), Shia law assigns the remaining estate to the next tier of heirs based on strict class hierarchy.
This difference means that Shia inheritance is more hierarchical and segmented, while Sunni inheritance is more fluid and mathematical, allowing more individuals to inherit simultaneously.
Case Example: Comparative Scenario
Let’s say a deceased Muslim man is survived by:
- His wife
- Two daughters
- One brother
- Paternal grandfather
Under Sunni law:
- Wife: 1/8
- Daughters: 2/3 (shared)
- Grandfather: Residue
- Brother: Excluded
Under Shia law:
- Wife: 1/8
- Daughters: 2/3
- Remaining goes to father or grandfather (if father not alive)
- Brother: Completely excluded
- No residuary rule, hence brother gets nothing
This example illustrates the Sunni law’s flexibility and Shia law’s strict class-based exclusion.
Conclusion
The differences between Sunni and Shia laws of inheritance reflect deeper jurisprudential philosophies. Sunni law focuses on fixed shares with residuary flexibility, allowing broader participation of heirs and nuanced redistribution of wealth. In contrast, Shia law is structured on strict class-based hierarchy, rejecting the concept of residuaries and focusing on proximity and exclusivity.
While both systems aim to implement the Quranic injunctions with justice and equality, the variations influence not only inheritance patterns but also family dynamics, property rights, and gender equity.
Understanding these differences is vital for legal practitioners, families, and students of Islamic law, especially in multi-sect societies like India.
🔗 Next Blog: Doctrine of Representation and Per Capita/Per Strip Distribution
