Sunni Law of Inheritance
The Sunni Law of Inheritance is a key part of Islamic Personal Law and is based primarily on the Qur'an, Hadith, Ijma (consensus), and Qiyas (analogy). It lays down detailed and fixed rules regarding the distribution of a deceased Muslim’s estate among heirs.
Below is a structured and simplified overview of how inheritance works under Sunni Islamic law, particularly following the Hanafi school, the most widely followed among Sunnis.
🕌 Sunni Law of Inheritance – Overview
✅ Basic Principles
Inheritance opens at death of a Muslim.
Only legal heirs (Sharers, Residuaries, Distant Kindred) can inherit.
Distribution is from net estate:
Funeral expenses and debts paid first.
Then, bequests (within 1/3rd of estate).
Remainder is distributed to heirs.
👪 Classes of Heirs in Sunni Law
Sunni law divides heirs into three categories:
1. Sharers (Qur'anic Heirs)
These are relatives who have a fixed share in the inheritance, as prescribed by the Qur'an.
| Heir | Typical Share |
|---|---|
| Husband | 1/2 or 1/4 |
| Wife | 1/4 or 1/8 |
| Daughter (single) | 1/2 |
| Two or more daughters | 2/3 (collectively) |
| Mother | 1/3 or 1/6 |
| Father | 1/6 (as sharer) |
| Grandmother (true) | 1/6 |
The share varies depending on presence of other heirs.
2. Residuaries (Aṣabah)
These heirs take the remainder of the estate after sharers are paid. If no residuaries exist, sharers may take more.
Examples:
Son (residuary if daughter is sharer)
Brother
Paternal uncle
Father (also a residuary if he gets more than his 1/6 share)
3. Distant Kindred (Dhawu al-Arham)
Relatives who are neither sharers nor residuaries.
Inherit only if no sharer or residuary is alive.
Examples: maternal uncle, maternal niece, etc.
⚖️ Rules of Distribution
🔹 Male vs Female
Male inherits double the share of a female in the same degree of relation.
Example: Son gets twice the share of a daughter.
🔹 Exclusion (Doctrine of Exclusion)
A nearer relative excludes a more distant one.
Example: Son excludes the brother of the deceased.
🔹 Principle of Return (Radd)
If there are no residuaries, and estate remains after paying sharers, the remaining estate is returned to sharers proportionally (except spouses, who do not benefit from return).
📜 Example of Distribution
Let’s say a man dies, leaving behind:
1 wife
1 mother
1 daughter
Estate: ₹120,000
Step 1: Assign fixed shares:
Wife → 1/8 = ₹15,000
Mother → 1/6 = ₹20,000
Daughter → 1/2 = ₹60,000
Total given = ₹95,000
Remaining = ₹25,000 → Goes to daughter as residuary (no son, no other residuary).
Final shares:
Wife: ₹15,000
Mother: ₹20,000
Daughter: ₹85,000 (₹60,000 as sharer + ₹25,000 as residuary)
🚫 Disqualified Heirs
Certain people are barred from inheritance:
Murderer of the deceased (intentional)
Non-Muslim heir (if deceased was Muslim)
Illegitimate child or father in Sunni law
✅ Conclusion
Sunni inheritance law is based on clear rules and ratios, prioritizing close blood relations, and is designed to ensure fair distribution within the family. It’s compulsory and cannot be changed by will beyond 1/3 of the estate (without heirs’ consent).
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