The Doctrine of AUL and RADD in Muslim Law of Inheritance
Doctrine of AUL and RADD in Muslim Law of Inheritance
1. Overview of Muslim Law of Inheritance
Muslim inheritance law divides property among heirs based on fixed shares.
Sometimes, the total shares prescribed exceed the estate, causing complications.
To deal with this, doctrines like Aul (Awl) and Radd are applied.
2. Doctrine of AUL (Awl)
➤ Meaning:
Aul means “deficiency” or “proportionate reduction.”
It applies when the total fixed shares given to heirs exceed the available estate (i.e., shares add up to more than 1 or 100%).
Instead of denying shares, all shares are proportionally reduced to fit the estate.
➤ How it works:
Calculate the total prescribed shares.
If the sum is more than 1, then reduce each share proportionally.
This reduction keeps the ratios of shares intact, but the amount each heir gets is less.
➤ Example:
Suppose total shares = 1.25 (125%)
The estate is 100 units.
Each heir’s share is multiplied by 100/125 = 0.8 to reduce total to 100.
➤ Case Law:
Hafiz Khan v. Mohd. Ibrahim
The court applied Aul when the fixed shares exceeded the estate.
It held that the shares must be reduced proportionally and no heir should be excluded.
3. Doctrine of RADD
➤ Meaning:
Radd means “return” or “remainder.”
It applies when the total fixed shares are less than the estate (sum of shares < 1 or 100%).
The remaining estate after fixed shares are distributed is returned to certain heirs called residuaries (Asaba).
➤ How it works:
Calculate the total prescribed shares.
If the sum is less than 1, then after giving fixed shares, the residue goes to residuary heirs.
If no residuary exists, in some schools, residue may return to fixed share heirs proportionally.
➤ Case Law:
Mohd. Ibrahim v. Hafiz Khan
The court explained that where residue remains after fixed shares, it goes to residuaries under Radd.
This doctrine ensures the entire estate is distributed without wastage.
4. Key Differences
| Feature | Doctrine of AUL (Awl) | Doctrine of RADD |
|---|---|---|
| When applied | Total shares exceed the estate ( > 1) | Total shares less than the estate (< 1) |
| Effect | Shares are proportionally reduced | Residue is returned to residuaries |
| Purpose | To adjust excessive claims without excluding any heir | To distribute leftover property fully |
| Impact on heirs | All heirs get reduced shares | Residuary heirs get extra shares |
5. Summary
The Doctrine of AUL maintains fairness by scaling down shares when fixed shares are more than the estate.
The Doctrine of RADD ensures no property remains undistributed by giving leftover property to residuaries.
Both doctrines are crucial for applying Muslim inheritance rules fairly and fully.
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