Sunni Law of Inheritance

Sunni Law of Inheritance, or Faraid, is an integral part of Muslim jurisprudence governing the distribution of a deceased person’s property. In India, where a significant number of Muslims adhere to the Hanafi school of thought, these principles have long influenced the manner in which assets are passed on to heirs.

Inheritance As Per Sunni Law

Inheritance, under Sunni law, is not merely a matter of property transfer. It is a structured, divinely ordained system that aims to ensure that every eligible family member receives their rightful share in accordance with the Quran. By establishing a precise formula for the distribution of property, Sunni law seeks to uphold justice, maintain family harmony, and prevent disputes among surviving relatives.

The concept of Faraid, derived from the Islamic legal tradition, serves to regulate how property is passed on. Importantly, the inheritance system under Sunni law is carefully delineated, with the Quran and Hadith forming the basis for most of its rules. The primary source for Sunni inheritance law is found in texts such as “Sirajiyyah,” composed by Shaikh Sirajuddin—a text particularly influential among Hanafi jurists, who are the majority in India.

Key Principles of Sunni Inheritance Law

Definition of Heritable Property

Under Sunni law, not all of the deceased’s property is subject to inheritance. The heritable property is defined as the net estate remaining after deducting certain obligatory expenses. These include:

• Funeral expenses: The cost incurred for the burial rites and related ceremonies.
• Debts: Any outstanding financial obligations of the deceased.
• Legacies: Bequests that are made under the will, subject to the limitations of the testamentary powers.
• Wages for personal service: Compensation due for services rendered by the deceased within three months before death.
• Probate expenses: Costs incurred in obtaining the necessary legal approvals (probate and letters of administration) from the court.

Only the remaining property, after these deductions, is distributed among the heirs according to the prescribed shares.

The Equality of the Spouses

One of the fundamental principles of Sunni inheritance law is the mutual inheritance between the husband and the wife. Both spouses are recognised as legal heirs and are entitled to inherit from each other. This rule underscores the emphasis on preserving the financial stability of the surviving partner, even though the shares prescribed for the husband and wife might differ based on other familial relations.

Gender-Based Share Distribution

A distinctive feature of Sunni inheritance law is the differential treatment based on gender. Traditionally, a male is allocated a share that is twice as large as that of a female. This rule is rooted in the Islamic legal notion that men have the primary responsibility of providing for the family. Hence, when both a male and a female heir are present in the same line of descent, the male’s share is invariably double that of the female.

Classification of Heirs

Sunni inheritance law categorises heirs into different classes, each with its own set of rules and priorities. The Hanafi jurists have traditionally divided the heirs into seven classes, which can broadly be grouped into three principal categories and four subsidiary categories.

Quranic Heirs or Sharers (Dhawul-Furud)

The Quran explicitly mentions a set of relatives who are entitled to fixed fractional shares. These Quranic heirs, often referred to as “sharers,” include twelve primary relatives. The shares, as prescribed in the Quran, are fixed in fractions such as ½, 1/4, 1/8, 2/3, 1/3, and 1/6. The twelve Quranic heirs typically include:

• Male Heirs: Father, Grandfather, Husband
• Female Heirs: Wife, Daughter, Mother, Paternal or Maternal Grandmother
• Other Relatives: Uterine brother, Uterine sister, Son’s daughter, Full sister, Consanguine sister

The emphasis on these particular relationships reflects the close-knit family structure valued in Islamic tradition.

Residuaries or Agnatic Heirs (Asabat)

After the distribution of the fixed shares to the Quranic heirs, the remaining portion of the estate is allocated to the residuaries, known as asabat. These heirs are typically the near male agnates and are considered under the following subcategories:

• Ascendants: Parents and grandparents.
• Descendants: Sons and, in certain cases, daughters.
• Other male agnatic relatives: This includes descendants of the father and further agnatic lineages.

The key rules governing residuaries include:

• Exclusion by Precedence: A residuary in a closer relationship excludes those in a more remote category.
• Gender Rule: In cases where both a male and a female residuary are present, the male receives twice the share of the female.
• Restricted Female Residuaries: Only specific female relatives (such as the daughter, son’s daughter, full sister, and consanguine sister) are recognised as residuaries.

Uterine Heirs or Distant Kindred (Zawul Arham)

Uterine heirs consist of relatives who share a blood connection but are neither Quranic heirs nor residuaries. These are typically more distant kinsmen. They only inherit when there are no eligible Quranic heirs or residuaries present. However, an exception exists when the only heir is a husband or wife; in such cases, distant kindred may still inherit.

The rules for uterine heirs are designed to ensure that the property is passed on to the nearest kin. These include:

• Priority of Proximity: The nearer in degree of relationship excludes the more remote.
• Preference Within the Same Class: Among relatives of the same degree, the children of those entitled to fixed shares or residuary status are preferred over other distant kin.
• Gender Consideration: Consistent with other aspects of Sunni inheritance law, a male uterine heir receives a share that is double that of a female.

Grounds for Exclusion

The integrity of the inheritance system under Sunni law is maintained by strict rules that exclude certain individuals from inheriting. The grounds for exclusion include:

Homicide

Under the Hanafi interpretation, if an individual is responsible for the death of the deceased, whether intentionally or through negligence, they are disqualified from receiving any share of the estate. This rule reinforces the principle of justice and accountability within the family.

Illegitimacy

An illegitimate child is not entitled to inherit from the father. However, it is important to note that such a child may still inherit from the mother. This rule underscores the emphasis on legitimate lineage in traditional inheritance practices.

Difference of Religion

Historically, Islamic law has stipulated that a non-Muslim cannot inherit from a Muslim. In India, however, this principle was modified by the Caste Disabilities Removal Act of 1850. As a result, a person’s difference in religion, whether due to apostasy or other reasons, does not bar them from inheriting from a deceased Muslim.

Difference of Allegiance

This ground of exclusion, which was significant during the period of Muslim rule in India, has lost its importance in the contemporary legal landscape. Today, it does not serve as a basis for disqualifying an heir.

Estoppels in Succession

Under Sunni law, if an individual initially denies their relationship with the deceased, they cannot later assert their right to inheritance. This rule is designed to prevent dishonesty and manipulation in claims of familial relationships.

Escheat

When a Muslim dies without any legal heirs recognised under Islamic law, the property escheats to the Government. In such cases, the state is considered the definitive heir. This mechanism ensures that unclaimed estates are managed and utilised for public benefit.

Sunni vs. Shia Inheritance Laws

While the focus of this article is on Sunni law, it is worth noting that Shia inheritance law has its own distinct set of rules. Although both systems derive their foundations from the Quran, the interpretations and applications differ. For instance, the Shia system may offer different fractional shares and recognise additional categories of heirs. Understanding these differences is crucial for legal practitioners working in regions with a mixed Muslim population.

Interactions with Other Legal Systems

In multi-religious societies like India, Sunni inheritance law often interacts with secular legal provisions, particularly in cases involving conversions, interfaith marriages, and disputes over property rights. The judiciary’s role is to harmonise these varied legal principles, ensuring that justice is served without undermining religious traditions.

Conclusion

Sunni Law of Inheritance is a detailed and structured legal system that governs the distribution of property among the heirs of a deceased Muslim. With its clear classification of heirs into Quranic sharers, residuaries, and uterine heirs, and its specific rules regarding deductions and exclusions, it continues to be relevant and significant, especially in the Indian legal landscape. As modern reforms and judicial interpretations progress, this ancient legal framework remains a vital part of ensuring justice and familial stability among Muslims in India.