Inheritance laws are the mainstay of the division of property in any society, a reflection of the prevailing culture, religion, and jurisprudence. In Shia law, the Quran, Hadith, and ijma provide unique rules governing inheritance, distinct from Sunni law on many counts. Familiarity with these laws ensures that there is a just division of assets according to the mandate of the religion.

This article outlines a simple and comprehensive guide in Muslim Shia inheritance laws and simplifies  the principles governing heirship, shares, and succession. Whether you are involved in a situation or need law clarity, this article will break down the bare essentials of Shariah inheritance into easy-to-grasp concepts for you.

Classification of Heirs

Shia Law divides heirs into two categories:

• Heirs by Consanguinity (Nasab): Blood relatives.
• Heirs by Special Cause (Sabab):
  1. Husband and Wife (Zoujiyat)
  2. Special Relationship (Wala): Not recognized in India.

 Heirs by Consanguinity

Heirs by blood are divided into three classes, with each class having two sections:

• Class I:
  1. Parents.
  2. Children and their descendants (how lowsoever).
• Class II:
  1. Grandparents (true or false, how highsoever).
  2. Siblings and their descendants (how lowsoever).
• Class III:
  1. Paternal uncles and aunts (true or false, how highsoever) and their descendants.
  2. Maternal uncles and aunts (true or false, how highsoever) and their descendants.

Rules of Exclusion

• Class I excludes Class II, and Class II excludes Class III.
• Within a class, all heirs inherit together, but nearer relatives exclude remote ones.

Order of Succession

• Priority by Class: Class I heirs take precedence over Class II and so on.
• Within Sections: Heirs of both sections within a class inherit together.
• Nearer Degree: Nearer relatives exclude more distant ones in the same section.
• Per Stirpes: Distribution is branch-wise.
• Spouses: Husband or wife is never excluded and inherits along with blood relatives. 

Sharers and Residuaries

Heirs are classified into Sharers and Residuaries:

Sharers

Those with fixed shares.

Fixed Sharers under Shia Law:

1. Husband:

   • Normal Share: 1/4

   • Inherits 1/4 when there is a lineal descendant (e.g., children or grandchildren).

   • Inherits 1/2 when there is no lineal descendant.

2. Wife:

   • Normal Share: 1/8

   • Collective Share (if 2 or more): 1/8

   • Inherits 1/8 when there is a lineal descendant.

   • Inherits 1/4 when there is no lineal descendant.

3. Father:

   • Normal Share: 1/6

   • Always inherits 1/6 when there is a lineal descendant.

   • If there is no lineal descendant, the father inherits the remaining property as a residuary.

4. Mother:

   • Normal Share: 1/6

   • (a) Inherits 1/6 when there is a lineal descendant.

   • (b) Inherits 1/6 when there are two or more full or consanguine brothers, or one such brother and two such sisters, or four such sisters.

   • Inherits 1/3 in all other cases.

5. Daughter:

   • Normal Share: 1/2

   • Collective Share (if 2 or more): 2/3

   • Inherits 1/2 when there is no son.

   • Shares as a residuary with the son.

6. Uterine Brother:

   • Normal Share: 1/6

   • Collective Share (if 2 or more): 1/3

   • Inherits when there is no parent or lineal descendant.

7. Uterine Sister:

   • Normal Share: 1/6

   • Collective Share (if 2 or more): 1/3

   • Same conditions as the uterine brother.

8. Full Sister:

   • Normal Share: 1/2

   • Collective Share (if 2 or more): 2/3

   • Inherits when there is no parent, lineal descendant, full brother, or paternal grandfather.

   • Special Variation: Inherits as a residuary with the full brother and with the paternal grandfather.

9. Consanguine Sister:

   • Normal Share: 1/2

   • Collective Share (if 2 or more): 2/3

   • Inherits when there is no parent, lineal descendant, full brother or sister, consanguine brother, or paternal grandfather.

   • Special Variation: Inherits as a residuary with the consanguine brother and with the paternal grandfather.

Residuaries:

Inherit the remaining property after sharers.

Property Distribution

Single Heir Situation:

• If there is only one heir, the entire property devolves upon them.
• If the sole heir is a wife, older views suggest she inherits her Quranic share (one-fourth) only, and the remaining property (surplus) escheats to the government.
• This principle is based on the lack of a mechanism to assign the Imam’s share in the absence of other heirs.
• However, in some rulings, a wife as the sole heir inherits the full estate.

Husband as Sole Heir:

• A husband inherits half the property as a sharer, and the remaining half as residuary if there are no other heirs.

Property Distribution with Multiple Heirs

• The first step is to allocate the Quranic share to the husband or wife.
• The remaining estate is divided among other heirs according to Shia inheritance rules.
• Spousal Shares:
  • Husband: 1/2 if there are no lineal descendants; 1/4 if there are.
  • Wife: 1/4 if there are no lineal descendants; 1/8 if there are.

Representation in Shia Law

• Definition of Representation:
  • Representation determines who inherits and how much they inherit.
  • In Shia law, representation applies to both ascending and descending heirs.
• Rules of Representation:
  • Descendants of a deceased son or daughter represent their parents and inherit the share their parents would have received.
  • This principle also applies to other relatives like siblings, uncles, and aunts, ascending or descending.
  • For example, great-grandparents inherit the share of grandparents if the latter are deceased.

Succession in Descendants

Per Stirpes Distribution:

• Succession among descendants follows the per stirpes rule, not per capita.
• Example: A Shia individual dies leaving two grandsons (GS1 and GS2) by one predeceased son (A), and another grandson (GS3) by another predeceased son (B).Then the estate is first notionally divided between the two sons (A and B), each receiving 1/2. A’s share (1/2) is further divided between GS1 and GS2, each getting 1/4. B’s share (1/2) goes entirely to GS3.

Representation:

• Descendants of individuals who would have taken as Sharers (if alive) inherit as Sharers.
• Descendants of individuals who would have taken as Residuaries (if alive) inherit as Residuaries.
• Example:A Shia dies leaving a full brother’s daughter and a uterine brother’s son.then, 

• The full brother (if alive) would have taken as a Residuary, so his daughter takes his share (5/6) as a Residuary. 
• The uterine brother (if alive) would have taken as a Sharer (1/6), so his son takes this share as a Sharer.

Distribution Among Heirs

Heirs of the First Class:

General Rules

1. Nearer Excludes More Remote: Close relatives exclude distant ones of the same lineage.

2. Principle of Representation: If a direct heir is deceased, their share is inherited by their children.

Shares of Class I  Heirs

Father:

• Receives 1/6 as a Sharer if there are lineal descendants.

• Inherits as a Residuary if there are no lineal descendants.

Mother:

• Always a Sharer. Her share is 1/6 or 1/3, depending on the presence of other heirs.

Son:

• Always inherits as a Residuary.

Daughter:

• Inherits as a Sharer unless there is a son, in which case she shares the residue, receiving half of the son’s share (rule of double share to the male).

Grandchildren:

• Substitute their parent’s place through the principle of representation:

  • Paternal Grandchildren: Follow the rule of double share to the male.

  • Maternal Grandchildren: Share equally, as their mother would have as a Sharer or Residuary.

Remoter Lineal Descendants

• Great-grandchildren inherit following the same principles of representation.

Distribution Procedure among  Husband/Wife and First-Class Heirs

• Assign the spouse’s share first.

• Distribute shares to sharers.

• Divide the residue, if any, among residuaries.

• Apply the “Doctrine of Return” if the total share sum is less than one. If it exceeds unity, adjust proportionally.

Illustrations:

If the deceased leaves a husband, mother, and father:

• Husband: 1/2 (Sharer)

• Mother: 1/3 (Sharer)

• Father: Remaining 1/6 (Residuary).

If the deceased leaves a father, mother, and two daughters:

• Father: 1/6 (Sharer) and the residue.

• Mother: 1/6 (Sharer).

• Daughters: 2/3 (Sharers).

Heirs of the Second Class:

General Rule:

• If no heirs from the first class exist, the estate after deducting the husband or wife’s share, if applicable goes to second-class heirs.
• This includes grandparents, brothers, sisters, and their descendants.

Categories of Succession:

•  Grandparents without siblings or their descendants.
• Siblings or their descendants without grandparents or remote ancestors.
• Both grandparents and siblings or their descendants.

Grandparents Without Siblings or Descendants:

• Paternal grandparents get 2/3 (divided equally between male and female).
• Maternal grandparents get 1/3 (divided equally between male and female).
• If only one grandparent exists on a side, they take the full share for that side.

Siblings Without Ancestors:

• Full siblings exclude consanguine (half-blood through father) siblings.
• Uterine (half-blood through mother) siblings inherit with full and consanguine siblings.
• Shares are distributed using the “double share to the male” rule.

Descendants of Siblings:

• Children inherit their parent’s share and divide it based on gender (males take double the females).
• Grandchildren of siblings inherit similarly, based on their parent’s share.

Heirs of the Third Class:

Order of Succession:

• Paternal and maternal uncles and aunts.
• Their descendants, with nearer degrees excluding remoter ones.
• Uncles and aunts of the parents.
• Their descendants, with nearer degrees excluding remoter ones.
• Uncles and aunts of grandparents, and so on in similar fashion.

Exhaustion Rule: Each group must be fully exhausted before moving to the next.

Exception: A son of a full paternal uncle excludes a consanguine paternal uncle, even if the latter is closer in degree.

Conclusion

So , The knowledge of Muslim inheritance laws is essential  to the distribution of assets fairly according to the religious precepts. However, the intricate nature of the rules, from varying shares between heirs to differentiation between Sunni and Shia interpretations can very easily lead to confusion or controversy if not stated with clarity.In the Shariah, as it is done in Shia law, the shares of heirs are carefully worked out based on family relationships with the aim that wealth is being equitably shared while family ties and responsibilities are also preserved.  If individuals understand these rules clearly, they can honor religious values, avoid potential disputes, and ensure the rightful transfer of assets. For personalized advice, it is always recommended that one consult an expert in Islamic inheritance law.

So , Seeking professional legal advice is essential in order to navigate these intricate legalities. A lawyer who specializes in Islamic inheritance laws can offer personalized guidance in line with religious directives and according to individual circumstances. For professional assistance in understanding all this rules and for knowing accurate share of yours in any property you can consult legal experts at www.asmlegalservices.in, www.easywillindia.com, or the author of this article at www.lifeandlaw.in, who can guide you in the easiest way.

Reference:

1. Text book on Mohammedan Law by Aqil Ahmad
2. Principles of Mahomedan Law by Sir Dinshaw Fardunji Mulla

Adv. A. S. Mulla

Adv. Abdul Mulla (Mob. No. 937 007 2022) is a seasoned legal professional with over 18 years of experience in advocacy, specializing in diverse areas of law, including Real Estate and Property Law, Matrimonial and Divorce Matters, Litigation and Dispute Resolution, and Will and Succession Planning. read more….