Table of Contents
What is RADD in Islamic inheritance?
Radd literally means “returned to.” When the total of the prescribed shares does not exhaust the entire estate, the balance left in the estate will be distributed according to either the Islamic law doctrine of radd (increasing the shares proportionately) or taʿsīb (where eligible heirs take the balance remaining in …
Who are Residuaries under Muslim law?
Muslim law recognizes two types of heirs, Sharers and Residuaries. Sharers are the ones who are entitled to a certain share in the deceased’s property and Residuaries would take up the share in the property that is left over after the sharers have taken their part.
What are the classes of heirs according to Hanafi law?
In the Hanafi scheme of inheritance, the following five heirs are always entitled, to a share in the estate; namely, husband~ wife, child, father and mother. These heirs are called primary heirs. Next to U1em are “substitutes” : they are the substitutes of the last three primary heirs. These are child of a son.
Who are the distant kindred?
The Distant kindred are third category of the heirs related by blood or consanguinity (zavilarham). It comprises all the cognates of the deceased except those who are include in the sharers category. They inherit the property of the deceased only in the absence of the sharers and residuaries.
Who is mutawalli?
Mutawalli is manager of the waqf-property. After dedication, ownership of the property is vested in God and becomes His property. The person, who supervises or takes over the management of a waqf, is called the mutawalli. He is superintendent of the property.
What is primogeniture rule?
The rule of primogeniture is the custom or right of succession by law, where it is stated that the firstborn child will inherit the parent’s main or entire estate. According to this rule, the firstborn child will be preferred first among all other children, collateral relatives, or any illegitimate child.
Who are the Class 1 heirs?
Class 1 Heirs
- Sons.
- Daughters.
- Widow.
- Mother.
- Son of a pre-deceased son.
- Daughter of a pre-deceased son.
- Son of a pre-deceased daughter.
- Daughter of a pre-deceased daughter.
How is inheritance divided in Islam?
How is the Estate divided?
- A husband is entitled to half his deceased wife’s estate if she has no children.
- A wife is entitled to a quarter share of her deceased husband’s estate if she has no children.
- Sons usually inherit twice as much as their sisters when one of their parents dies.
Who is a Consanguine sister?
If the male agnate is the father and if there are no children, grandchildren or any collateral present then the father becomes the agnatic heir and converts the mother into an agnatic co-sharer. The sole female who inherits agnatically on her own is the germane or consanguine sister.
What is the share of mother as per Hanafi law?
In this situation, according to Hanafi law, the property of the deceased (estate) shall be divided as follows: Mother of the deceased will get one-sixth share of the estate. Wife of the deceased will get one-eighthth share of the estate. Daughter of the deceased will get half the estate.
What is void marriage in Islam?
A void marriage is unlawful from its beginning and thus it does not create any rights or obligations between the parties. There also exists a temporary form of marriage in Shia sect of muslim law i.e. Muta marriage. Void, Valid and Irregular Marriages. Muslim law does not lay down any form of marriage.
What is Awal in Islamic inheritance law?
In Islamic Inheritance Law, Awal is when the prescribed shares of the heirs add upto more than 100\% of the inheritance, so in such case, the prescribed shares are reduced proportionally so that it’s 100\% of the inheritance while the reduction is shared proportionally according to the shares.
What is the difference between Radd and Awal?
As for Radd, it is the opposite of awal, meaning that the prescribed shares of the heirs add up to less than 100\% of the inheritance, so in such case, the prescribed shares are increased proportionally so that it’s 100\% of the inheritance while the increase is shared proportionally according to the shares.
What is the doctrine of Aul and Radd?
The process whereby the shares are reduced is called the Doctrine of AUL (Increase), and the process whereby the shares are increased is called the Doctrine of Radd (Return). The Rules which helps in determining the Share of the Quranic Heirs or the Sharers under the Muslim Law of inheritance are as follows:
Shares add up to unity = no balance. Awl = increase. Actually shares are reduced for each heir. Only the fractions are increased. This happens only if D / Sister class heirs are present. Reduce the fractional shares to common denominator.