This slide show would help assist those who are interested to learn the basics of Shia Law of Inheritance. It is a difficult area of law, but comprehension of some basic principles can facilitate a lot to make it relatively easy to understand and apply in practical life.

1. Shia Law of Inheritance:
An Introduction
Dr Shahbaz Ahmad Cheema
University Law College
University of the Punjab, Lahore

2. Salient Features of Shia Scheme of
Inheritance
• Similar to Sunni law, Shia law recognizes Sharers and
Residuaries
• There are 9 Sharers in Shia law. Grandparents and son’s
daughter are not regarded as Sharers
• Residuaries do not play significant role in Shia scheme
• Shia law does not recognize Distant Kindred
• Legal heirs are classified in three main classes in addition to
Sharers and Residuaries
• Rule of Aul is not resorted to in Shia law
• Principle of Representation is applied for distribution among
distant layers of relatives
• Shia law is more gender sensitive than Sunni law

3. Classification of Legal Heirs
1. Class 1:
a. Parents, and
b. Children (male and female) and children of male and
female descendants how low so ever.
2. Class 2:
a. Grandparents (true or false) how high so ever, and
b. Brothers and sisters (full, consanguine, and uterine) and
their descendants how low so ever irrespective of their
gender.
3. Class 3:
a. Paternal uncles and aunts,
b. Maternal uncles and aunts, and
c. Their children how low so ever irrespective of their gender.

4. Principles of Distribution among the
Classes
• Legal heirs of Class 1 exclude legal heirs of Class 2 and
similarly legal heirs of Class 2 exclude legal heirs of Class 3
• Legal heirs of the same Class are entitled irrespective of
their gender except that the male will have double share
than that of a similarly placed female
• For example no distinction between true and false
grandparents, son’s children and daughter’s children, and
brother’s children and sister’s children
• Female legal heir located in the Class 1 will exclude a male
heir situated in the Classes 2 & 3 despite the fact he is
regarded as residuary (e.g. daughter deprives grandfather,
brothers, and uncles)

5. Principle of Exclusion
• Basic premise of the principle is shared by the
both Shia and Sunni schemes, but there are
differences in application
• Female legal heir nearer in degree excludes male
legal heir who is remoter in degree (e.g. daughter
excludes son’s son though the both belong to the
same class)
• Female legal heir more closely linked to deceased
excludes male legal heir relatively remotely
connected (e.g. full sister excludes consanguine
brother)

6. Inheritance of Spouses
• Shares of spouses depend in both Shia and
Sunni laws on presence and absence of
children
• Spouses are not entitled to any share under
the principle of Radd in presence of any other
sharer (e.g. daughter 7/8 and widow 1/8)
• Childless widow is not entitled to any share in
immovable assets though she is awarded her
prescribed share from movable assets

7. Principle of Representation
• Distant legal heirs inherit through their predeceased
connecting link from deceased (e.g. son’s children
through son, daughter’s children through daughter,
brother’s children through brother, uncle’s children
through uncle)
• Such legal heirs do not inherit per capita as if they are
entitled personally
• They inherit per stripes as if they are representatives
of their predeceased parent/connecting link
• Son’s daughter and daughter’s son
• One grandson from one son and two grandsons from
another son

8. Principle of Radd/Return
• It’s application is more frequent in Shia law than
Sunni law which consequently adversely affect
Residuaries
• Whenever there are legal heirs belonging to
more than one classes, only legal heirs belonging
to the superior class will inherit the estate as per
their prescribed shares and in case the entire
estate is not consumed they will also have share
under the principle of Radd
• Daughter, grandfather and uncle
• Daughter and father

9. Rule of Aul
• Shia law does not apply Aul for trouble shooting
• It divides legal heirs in two categories: (a) legal
heirs whose shares are susceptible to reduce (e.g.
daughter, sister), and (b) legal heirs whose shares
are not liable to any reduction (e.g. parents,
spouses and uterine brother/sister)
• Thereafter the entire burden is put upon the first
category and the second category legal heirs take
their prescribed shares
• Husband and two sisters
• Mother, father, husband and daughter

10. Conclusion
• Significance of divine sources in articulation of
law
• Reliance by Sunni and Shia law on same 3
verses but the both have articulated divergent
but internally logical and coherent schemes of
inheritance
• Human agency’s role is often less emphasized
• Context is an integral part of any articulated law
• Ideological and belief systems play their part