HAMDARD SCHOOL OF LAW
UMAIR ALI MEMON
CMS I’D: 1730-2022
ISLAMIC PERSONAL LAW II
SUBMITTED TO:
MA’AM TAHIRA MANZOOR
Comparing Sunni
and Shia
Perspectives on
Inheritance
Distribution
Table of Contents
1. Introduction
2. Sunni Perspectives on Inheritance Distribution in Islam
2.1. Sources and Foundations of Inheritance Law
2.2. Categories of Heirs in Sunni Law
2.3. Specific Shares of Common Heirs
2.4. Exclusions and Prioritization
2.5. Principles of Residual Inheritance and Adjustments
2.6. Wills and Bequests
2.7. Adoption, Illegitimate Children, and Special Cases
3. Shia Perspectives on Inheritance Distribution in Islam
3.1. Introduction
3.2. Sources and Legal Foundation
3.3. General Principles of Shia Inheritance Law
3.4. Fixed Shares and Distribution
3.5. Inheritance Between Spouses and Extended Kin
3.6. Wills, Bequests, and Non-Inheriting Relations
3.7. Special Cases: Adoption, Illegitimate Children, and Missing Persons
4. Comparison of Sunni and Shia Perspectives on Inheritance Distribution in
Islam
4.1. Foundational Sources and Legal Authority
4.2. Classification of Heirs
4.3. Concept of Residuaries (ʿAsaba)
4.4. Spousal Inheritance
5. References
Introduction
One of the most complex and intricate areas of Sharīʿah jurisprudence is Islamic
inheritance law, or ʿIlm al-Farāʾiḍ. Its primary goals are to maintain family unity by
openly preventing arguments over the transfer of wealth and to protect divine justice by
guaranteeing that each eligible heir receives their allotted part. Because jurists have
used interpretive methods for centuries to handle changing social settings, the system is
notable for both its accuracy—allocating particular fractions of the estate to defined
types of heirs—and its adaptability.
Fundamentally, Islamic inheritance law strikes a compromise between two opposing
goals. By converting Qurʾānic injunctions into legal entitlements, it first confirms the
sovereignty of God's mandate. For example, when the scripture states that a son
receives double the share of a daughter (Qurʾān 4:11), that principle has absolute
weight. The Prophet Muhammad's personal distribution of his daughter Zaynab's estate
and the many ḥadīth that clarify procedural details—like how to compute fractions in
situations of "over-allocation" or "under-allocation"—also demonstrate his pragmatic
concern for justice and social stability.
The intricacy of ʿIlm al-Farāʾiḍ stems from the variety of potential family arrangements
and the requirement to balance residuary shares (ʿaṣaba) with fixed shares (anfāq
maqṣūṣa). Jurists have created complex theories such as preemption (jabāʾī), return
(radd), exclusion (ḥawl), and proportional reduction (ikhṣāṣ) to make sure the system
works properly even in cases when there are several heirs and fractional entitlements
overlap. Different legal schools use different interpretation procedures, which results in
different outcomes under the Shīʿī Imāmī-Jaʿfarī school and the Sunni madhāhib
(Ḥanafī, Mālikī, Shāfiʿī, and Ḥanbalī).
Sunni Perspectives on Inheritance
Distribution in Islam
Islam views inheritance as a divinely mandated act that embodies the wisdom and fairness of
Islamic law, rather than just a question of allocating riches. Sunni jurisprudence holds that the
Qur'an, the Sunnah (the customs of the Prophet Muhammad )ﷺ, and the consensus (ijma) of
Islamic scholars are the sources of inheritance laws. The Islamic concept that money ultimately
belongs to Allah and is only temporarily entrusted to individuals is reflected in these rigorously
defined laws that allow very little space for human discretion. When a person passes away, their
wealth must be divided in accordance with God's will.
Sources and Foundations of Inheritance Law
Three important passages in the Qur'an—Surah An-Nisa (4:11, 4:12, and 4:176)—form the
basis of Sunni Islamic inheritance law. The shares owed to different relatives are broken down in
detail in these verses. Genuine Hadiths that stress the significance of abiding by these heavenly
decrees are added to the Qur'anic text. For example, the Prophet Muhammad ﷺrestricted
the capacity to bequest property in ways that go against these rules and cautioned against
ignoring inheritance commitments. According to a well-known Hadith, "There is no will for an
heir because Allah has given everyone who has a right his due."
Categories of Heirs in Sunni Law
According to Sunni inheritance law, heirs fall into a number of groups. Ashab al-furud, or
Qur'anic heirs, are the first; they are given definite shares that are explicitly stated in the Qur'an.
The spouse, parents, kids, and perhaps siblings are among them. The second group is known
as residuary heirs (ʿasaba), and they are entitled to whatever is left over after the set shares
have been allocated. Typically, these are male relatives like brothers, sons, or paternal uncles.
Extended family members or distant relatives fall into the third category; they are only eligible to
inherit if there are no close relatives present.The idea that male heirs typically receive twice as
much as their female counterparts in the same position is a key one in Sunni inheritance law.
Specific Shares of Common Heirs
According to Sunni inheritance laws, each successor will receive a certain portion based on who
survives the deceased. For instance: If there are no children, the husband receives half of the
estate; if there are, he receives a fourth.
If there are no children, the man receives one-fourth of the estate; if there are, she receives
one-eighth.If the deceased leaves children, each parent receives a sixth of the estate.If there is
just one daughter and no son, the daughters divide half of the estate; if there are several
daughters, they split two-thirds.
Following the distribution of set shares, sons receive the remaining portion of the estate. In the
event that there are both sons and daughters, the sons get twice as much as the daughters.In
some cases, siblings, grandparents, and other family members may also inherit.
Exclusions and Prioritization
Certain heirs are exempt from inheritance in Sunni law. This is referred to as the blocking
doctrine (hijb). For instance, brothers, uncles, or cousins may not be eligible to inherit if a son is
present. In a similar vein, the deceased's father can prevent the grandpa from receiving his
inheritance. According to the theory, kin who were closest to the deceased in terms of ancestry
are given priority over those who were farther away.
Not every relative has the right to inherit. According to Sunni law, a non-Muslim cannot inherit
from a Muslim, and a person who kills the deceased is likewise not eligible to receive any
inheritance. These limitations stem from the belief that inheritance is a legal and moral privilege
bestowed by God to specific people, and that those who transgress moral or religious
boundaries lose this privilege.
Principles of Residual Inheritance and Adjustments
A portion of the estate is frequently left over after the Qur'anic heirs get their allotted allotment.
The residuaries receive this remaining. The remaining amount may be distributed to the
fixed-share heirs using a procedure called radd (return) if there are no residuaries. On the other
hand, each heir's part is proportionately diminished by a procedure called awl (adjustment) if the
fixed shares surpass the estate. These modifications guarantee that the total number of shares
never surpasses or falls short of the entire estate.
Wills and Bequests
Only one-third of the estate may be left in a will, or wasiyyah, according to Islamic law. Those
who are not legally heirs, such as the impoverished, neighbours, adopted children, or charity
organisations, may receive this one-third. The Prophet Muhammad ﷺinsisted that even this
one-third is "too much" and counselled Muslims to leave the majority of their riches to the
legitimate heirs of the Qur'an. Making a will in favour of an heir who already exists is strictly
forbidden by Sunni law unless all other heirs agree after the deceased's death.
Adoption, Illegitimate Children, and Special Cases
Adopted children are not recognised as legal heirs under Sunni Islamic law unless a will is made
within the allotted one-third period in their favour. This is due to the fact that Islamic law places a
great deal of importance on bloodline (nasab). The deceased's biological children are given
priority, and an adopted child's ancestry has no bearing on inheritance rights. In a similar vein,
illegitimate offspring inherit from the mother but not from the father unless he acknowledges
them.When someone goes missing and is thought to be dead, it is another unique situation.
Until a court formally declares someone dead, their estate is typically held in abeyance. Only
then can the inheritance be dispersed.
Shia Perspectives on Inheritance
Distribution in Islam
Like the larger Islamic tradition, Shia Islam views inheritance as a divinely mandated procedure
for allocating a deceased person's estate in a fair and reasonable manner. The Shia legal
tradition, which has its roots in the Qur'an, the teachings of the Prophet Muhammad ﷺ, and
the authorised sayings (ahadith) of the Imams, places a strong emphasis on the moral
implications of inheritance for preserving social and familial balance as well as its sanctity. The
largest Shia sect, the Twelver Shia school, has a unique approach to inheritance rules that
involves some significant variances in methodology, interpretation, and application, even if it is
generally comparable to Sunni interpretations. These distinctions result from the Shia emphasis
on the Imams' authority and their unique set of jurisprudential rules (fiqh).
Sources and Legal Foundation
Like Sunni Islam, Shia inheritance laws are mostly based on the Qur'an, namely Surah An-Nisa
verses 4:11, 4:12, and 4:176. The teachings of the Twelve Imams from the Prophet's family (Ahl
al-Bayt), whose interpretations are regarded as divinely inspired and mandatory, constitute a
major component of Shia jurisprudence. While Shia jurists reject analogy as a legitimate source
of law and place more weight on the Imams' direct pronouncements, Sunni scholars base their
legal decisions on consensus (ijma') and analogy (qiyas). These Imams add authoritative
guidance to the Qur'anic verses and offer thorough explanations of them.The primary Shia legal
school, the Ja‘fari school, which is named after Imam Ja‘far al-Sadiq, has embraced a legal
system that guarantees inheritance laws.
General Principles of Shia Inheritance Law
The vertical and horizontal proximity of relatives to the deceased is emphasised, and blood links
are given priority in the Shia inheritance system. Instead of the Sunni distinction between
Qur'anic and residuary heirs, Shia law divides heirs into three classes or categories. These
three courses are:
1.Parents, kids, and grandkids make up the first class.
2.Grandparents, siblings, sisters, nieces, and nephews are all considered second class.
3.Uncles and aunts, both maternal and paternal, as well as their grandchildren, are considered
third class.
All members of the second and third classes are excluded from the Shia system by heirs of the
first class. In the same way, the third class is not included in the second. If there are closer
relatives, they are given priority, and if there are more distant relatives, they are not included in
the inheritance process.Financial responsibility tempers gender equity, which is another
important principle. According to the concept stated in the Qur'an, the man typically receives
double the portion of the female in the same degree of relationship, much like in Sunni law. Shia
scholars, however, stress that this distinction stems from financial duty rather than personal
worth or dignity.
Fixed Shares and Distribution
Although the Shia and Sunni inheritance systems are founded on identical passages from the
Qur'an, the Shia system has different guidelines for allocating those portions. For example:
● If a wife has no children, her husband receives half of her wealth; if she has children, he
receives a fourth.
● If there are no children, a wife receives one-fourth of her husband's wealth; if there are,
she receives one-eighth.
● Depending on whether children and other family members are present, parents usually
receive a fixed share of the inheritance, one-sixth each.
● After parents and spouses receive their predetermined shares, sons and daughters
inherit in a 2:1 ratio.
Unlike Sunni law, where siblings on the father's side (agnatic siblings) may have different
inheritance rights than siblings having the same mother, Shia law generally does not distinguish
between maternal and paternal siblings unless particularly addressed in the traditions.
Moreover, Shia law does not have the concept of ʿasaba (residuary heirs) in the same manner
as Sunni law. Instead, any residue after the distribution of set shares is usually distributed
among the remaining heirs according to their shares, unless a valid will states otherwise.
Inheritance Between Spouses and Extended Kin
Even though many of the basic rules for marriages are the same, Shia law differs significantly
from Sunni law in a few important ways. One example is the wife's land inheritance. According
to Shia jurisprudence, a woman is not permitted to inherit land itself, although she may inherit
the value of structures or buildings on land. This ruling, which is founded on specific narrations
from the Imams, allows spouses to inherit a wide range of property, in contrast to Sunni law.
Additionally, Shia highlights the difference between the maternal and paternal lines. For
instance, maternal uncles and aunts may inherit differently from paternal ones based on the
presence of closer relatives. In addition, it is still possible for a paternal grandpa to inherit from a
maternal grandfather.
Wills, Bequests, and Non-Inheriting Relations
Shia also allow a person to make will (wasiyyah) for up to one-third of their inheritance.
Similar to Sunni law, the Shia tradition emphasises that legitimate heirs cannot be specified in a
will to get more than their share. This rule guards against manipulation and favouritism while
maintaining the integrity of the laws governing divine inheritance. Additionally, in classical Shia,
non-Muslims are not permitted to inherit from Muslims.
Comparison of Sunni and Shia
Perspectives on Inheritance Distribution in
Islam
Classification of Heirs
These three courses are:
1.Parents, kids, and grandkids make up the first class.
2.Grandparents, siblings, sisters, nieces, and nephews are all considered second class.
3.Uncles and aunts, both maternal and paternal, as well as their grandchildren, are considered
third class.
Only a single class can inherit at a time; that is, heirs from the second and third classes are not
included if heirs from the first class are. The intricate relationship between Qur'anic and
residuary heirs that defines Sunni inheritance law is avoided in this class-based approach,
which establishes a clear order.
Concept of Residuaries (ʿAsaba)
If you talk to any Sunni scholar or just look at a standard book on Sunni law, ʿasaba—or
residuaries—are a big deal. Basically, after all the fixed shares (like the Qur’an says one-fourth
to this person, one-eighth to that person) are distributed, whatever is left goes to these ʿasabah.
And the catch is, they’re usually male. Like brothers, sons, uncles. Even if a daughter is there,
her share can get reduced if there’s a son, because the son will take the rest. It feels a bit harsh,
but that’s the way Sunni law organizes priority—residuary males sort of act like a backup plan
for the estate.
Now, contrast that with Shia law. They don’t do ʿasaba at all. Seriously, they reject the whole
concept. They say, okay, once the Qur’anic shares are given out, anything left should go back to
the same people who already got shares—women included. It’s called radd and it makes things
feel more balanced, at least in terms of gender. For example, if a daughter and mother are
inheriting, they both might get more in a Shia setup than in a Sunni one, especially if there’s no
son involved. It’s a softer approach, kind of.
Spousal Inheritance
On paper, both Sunni and Shia agree that a husband gets half if the wife didn’t have kids, and
one-fourth if she did. And a wife gets one-fourth or one-eighth depending on whether the
husband had children. Sounds straightforward.here’s where Shia law takes a different road. A
wife in Ja‘fari law cannot inherit land. Yeah, like, actual land or property—it’s off-limits. She can
get the value of a house or building, but not the land itself. It's based on some historical
narrations, especially related to Fadak and how the Prophet's property was handled. It's kind of
an emotional issue, honestly. Because for some, it reflects a legal principle, and for others, it’s
also tied to a sense of historical injustice. Either way, it’s a clear and surprising difference.
Exclusion Rules
In Sunni law, if someone like a son is around, he can block others. Like, brothers might get
pushed out just because there’s a living son. Or if a father’s alive, maybe maternal grandparents
don’t get anything. The whole thing is based on proximity and residual strength. Sounds tactical,
but it can lead to people being completely cut off.
Shia law simplifies it by organizing heirs into classes. So first-class heirs (like children, parents)
come first. If they're there, then second-class people (siblings) are out. Third class (like uncles)
don’t even get to speak if the first two classes have members alive. No complex calculations or
overlapping—just straight up hierarchy. Honestly, it feels easier to follow, even if it’s still not
perfect.
Inheritance Between Siblings
In Sunni law, siblings are split into three kinds: full siblings, siblings from the same father
(consanguineous), and siblings from the same mother (uterine). Each type has different rights
and ranks. So a full brother gets more than a half-brother in many cases. It’s all very technical.
Shia law, on the other hand, treats them more equally. Like, unless the Imams have said
something specific, all siblings in the same class share the inheritance evenly. So there's less
splitting hairs over who has the same mom or same dad. That really stuck with me. It felt like the
Shia approach was focused more on fairness within the family instead of calculating strict
lineage lines.
Illegitimate and Adopted Children
So, in both Sunni and Shia laws, children born outside of marriage (illegitimate, though
that word feels too harsh sometimes) don’t really get inheritance from the father unless
he acknowledges them. In Sunni law, the mother’s side is the default. Shia law says the
same thing unless the father or court proves otherwise.
Adopted children? That’s even tougher. They don’t get anything legally, in either school.
Unless the parent makes a will and leaves something from the one-third allowed for
non-heirs. It really shows how strongly both systems emphasize nasab, or blood
lineage. It’s kind of sad when you think of adopted kids being raised like real children
but legally cut out. But I guess the law sees inheritance as blood rights, not just
emotional bonds.
Bequests and the One-Third Rule
Both Sunni and Shia law agree you can give away up to one-third of your wealth through a will
to non-heirs. Like a friend, servant, or charity. But if you go over that, the rest of the heirs have
to agree. Makes sense, right? It’s a compromise between personal freedom and divine rules.
But the Shia school does give a bit more flexibility. Like if a will isn’t super clear, the family or
executor can interpret it more loosely—as long as it aligns with the spirit of the Imams’
teachings. Not a huge difference, but it stood out to me. The tone feels more lenient.
Treatment of Non-Muslim Heirs
According to some hadith, both traditional Sunni and Shia law forbid a non-Muslim from
inheriting from a Muslim. So according to some hadith, non-Muslims can’t inherit from Muslims
in both Sunni and Shia traditions. This rule comes up often, especially in mixed-faith families. It’s
still controversial, especially in today’s world where families can be so diverse. But religiously,
that boundary is seen as a protection of the Islamic estate system. Some scholars have debated
it, but the classical rule still mostly stands.
References:
1. Al-Bukhari, Muhammad ibn Ismail. Sahih al-Bukhari, Kitab al-Fara'id (Book of
Inheritance).
2. Nasir, Jamal J. The Islamic Law of Personal Status. Kluwer Law International, 2002.
3. Al-Tusi, Abu Ja'far Muhammad. Tahdhib al-Ahkam, Vol. 9, Kitab al-Fara'id.
