The Doctrine of AUL and RADD in Muslim Law of Inheritance

The Muslim law of inheritance is a complex yet fascinating system designed to distribute the estate of a deceased person among their heirs. This system meticulously assigns specific fractional parts of the estate to various heirs, ensuring a fair and just division based on religious principles. However, challenges arise when these fractions, when added together, are either more or less than unity (one). To address these issues, the doctrine of AUL and RADD come into play.

Understanding Unity in Inheritance

In an ideal scenario, the sum of the fractions allocated to all heirs equals unity. When this happens, the estate is perfectly divided and there are no complications. However, when the sum exceeds or falls short of unity, adjustments are necessary to ensure a fair distribution. The Doctrine of AUL (Increase) is applied when the sum exceeds unity and the Doctrine of RADD (Return) is used when the sum is less than unity.

The Doctrine of RADD (Return)

The Doctrine of RADD is employed when the total sum of the shares allocated to the heirs is less than unity. In such cases, after distributing the estate among the sharers, if there is no heir under the category of Residuary, the remaining property (residue) is redistributed among the sharers proportionately. This process is known as the Return or Doctrine of RADD.

Application of the Doctrine of RADD

The Doctrine of RADD ensures that the remaining property reverts to the sharers in proportion to their original shares when there is no residuary heir. If there is only one sharer, the entire residue goes to that sole sharer. Distant kindred do not receive the residue as long as there are sharers or residuary heirs alive.

Exception to Doctrine of RADD

The husband or wife of the deceased is not entitled to the return of the residue if there are other sharers or distant kindred alive. This exception is rooted in early orthodox Muslim laws. However, in some cases, such as M.A. Chowdry v. S. Banoo (1878) and Bafatun v. B. Khanum (1903), the courts recognised the right of the husband or wife to claim the residue.

Illustration of the Doctrine of RADD

Consider a scenario where a male dies, leaving behind his mother and daughter, but no widow. The mother is entitled to 1/6 of the property and the daughter is entitled to 1/2.

The sum of these shares is: 16+12=16+36=46=2361​+21​=61​+63​=64​=32​

Since 2332​ is less than unity, there is still 1331​ of the property remaining after distribution. In this case, the Doctrine of RADD applies. The shares are adjusted as follows:

Reduce to a common denominator: 16+36=2361​+63​=32​

Adjust the denominator to the sum of the numerators: 16+36=14+3461​+63​=41​+43​

Hence, the mother’s share increases from 1661​ to 1441​ and the daughter’s share increases from 3663​ to 3443​, making the total sum equal to unity.

The Doctrine of AUL (Increase)

The Doctrine of AUL is applied when the total sum of the specific shares allotted to various heirs exceeds unity. In this situation, each heir’s share is proportionately reduced to ensure the sum of all shares equals unity.

Application of the Doctrine of AUL

The Doctrine of AUL involves two primary steps to adjust the shares:

Reduce the shares to a common denominator.

Increase the denominator to equal the sum of the numerators, allowing the numerators to remain unchanged.

Illustration of the Doctrine of AUL

Consider a scenario where a woman dies, leaving behind her husband and two full sisters. The husband is entitled to 1/2 of the property and the two full sisters are entitled to 2/3.

The sum of these shares is: 12+23=36+46=7621​+32​=63​+64​=67​

Since 7667​ exceeds unity, the Doctrine of AUL applies. The shares are adjusted as follows:

Reduce to a common denominator: 12+23=36+46=7621​+32​=63​+64​=67​

Adjust the denominator to the sum of the numerators: 36+46=37+4763​+64​=73​+74​

Thus, the husband’s share is reduced from 1221​ to 3773​ and the two sisters’ share is reduced from 2332​ to 4774​, making the total sum equal to unity.

Practical Examples of the Doctrine of AUL and RADD

In the case of Sher Mohd v. Smt. Khadija (2012) before the Delhi District Court, the court highlighted that the Doctrine of Aul and Radd is “an important exception” to the specified shares of the Sharers in Muslim law of inheritance. This judgement emphasized the necessity of these doctrines to adjust the shares proportionately when the total inheritance exceeds or falls short of unity, ensuring fair distribution among heirs.

To better understand the application of these doctrines of AUL and RADD, let’s look at another example involving multiple heirs:

Example of RADD:

A male dies, leaving behind a mother (1/6 share) and a daughter (1/2 share).

The total sum of shares is: 16+12=16+36=46=2361​+21​=61​+63​=64​=32​

The remaining 1331​ is redistributed among the sharers as follows:

Common denominator: 16+36=2361​+63​=32​

Adjust denominator: 16+36=14+3461​+63​=41​+43​

Example of AUL:

A woman dies, leaving behind her husband (1/4 share), mother (1/6 share) and two daughters (2/3 share).

The total sum of shares is: 14+16+23=312+212+812=131241​+61​+32​=123​+122​+128​=1213​

Since 13121213​ exceeds unity, the shares are adjusted as follows:

Common denominator: 14=312,16=212,23=81241​=123​,61​=122​,32​=128​

Adjust denominator: 312+212+812=313+213+813123​+122​+128​=133​+132​+138​

Conclusion

The doctrines of AUL and RADD are essential mechanisms within Muslim inheritance law, ensuring a fair and balanced distribution of a deceased person’s estate. The Doctrine of RADD ensures that the property reverts to sharers when the total sum of shares is less than unity, while the Doctrine of AUL proportionately reduces the shares when the total sum exceeds unity. These doctrines of AUL and RADD maintain the integrity and fairness of inheritance distribution, adhering to the principles of justice and equity in Islamic law.