Inheritance consists of transfer of property or right to another at the time of the owner’s death, on account of their consanguinity or casual relationship. The person alive is called the heir, the deceased person the legator, and the property or right involved is termed as legacy (or inheritance). Consanguinity means the same blood or same ancestor, that is one person being the child of the other (like son and father) or both of them being the children of a third person (like two brothers). Casual relationship means relationship occasioned by marriage.

If the share of an heir has been specified in the Holy Qur’an it is said that his inheritance is Bi ‘l-Fardh1 (by obligation) otherwise the inheritance is called Bi ‘l-Qarabat, i.e. by affinity.

The Fara’idh which have been clearly mentioned in the Holy Qur’an, are divided into six portions:

(i) Half: There are three parties who inherit one half of the total property of the deceased namely, husband from his wife when there is no child, a daughter provided there is no other child and a sister if she is the solitary one.

(ii) One Fourth: Husband’s share from the inheritance in the presence of children and similarly, wife’s share from husband’s inheritance when there is no child.

(iii) One Eighth: Share of wife when there are children too.

(iv) One Third: Share of mother when there is no child and share of two sisters and a brother or more (however, the sister and brother should be from mother’s side).

(v) Two Third: Share of two or more daughters when the deceased has not left any male child and in the same manner the share of two paternal or real sisters when there is no brother like them.

(vi) One Sixth: Share of father and mother each in spite of the presence of children and the special share of mother in spite of the presence of Hajib (i.e. brothers of the deceased) and the share of one maternal brother or one maternal sister. These are the people whose shares are Bi ‘l-Fardh (i.e. by obligation). Others inherit by way of affinity and the general rule about them is that keeping in view the formula of class of inheritance the property of the deceased is divided among them in such a manner that the male gets twice the share of a female.

On the whole the class of inheritance of property consists of three categories and in the presence of people belonging to an upper category those confined to the lower categories do not inherit anything.

First Category: Father, mother and children of the deceased as well as his children ‘s children and to the extent of the latter’s children in descending order.

Second Category: Paternal grandfather, maternal grandfather, their respective grandfathers and paternal grandfather, maternal grandmother and their respective mothers.

Third Category: Paternal uncles and paternal aunts (father’s sisters) and maternal uncles and maternal aunts (mother’s sisters). None belonging to this category has a prescribed Fardh (i.e. share fixed by the Holy Qur’an).

‘Awl And Ta’sib - The Only Point Of Difference

If the total of the shares of those who are entitled to shares mentioned before (whose shares have been specified in the Holy Qur’an by way of farz) is equal to the total property (like father and mother coupled with two daughters, in that case father and mother get one-sixth each and the two daughters get two third, thereby summing up the total of their shares to a unity i.e. equal to the total property) the manner in which the property is to be divided is abundantly clear. At times, however, the total shares exceed the total property e.g. when the deceased leaves behind father, mother, two daughters and a husband (in that case the share of father and mother is one-sixth each, that of two daughters is one-third and that of husband is one-fourth.

Thus, the total of the shares comes to 5/4 which exceeds the property by 1/4). At other times however, the position is the reverse of this i.e. the total of the shares is lesser than the total property e.g. when the deceased leaves behind a sister and a widow (in that event the share of the sister and widow being 1/2 and 1/4 respectively total thereof would be 3/4 which is lesser than the total property by 1/4). The position when shares exceed property is called the principle of ‘Awl and when shares fall short of property it is called Ta’sib. Orders relating to both of them are explained hereunder.

With the exception of these two (‘Awl and Ta’sib) there is no appreciable difference between Shi’a and other sects of Muslims in matters of inheritance.

In accordance with repeated narrations quoted from the Imams of the Holy Prophet’s progeny, the Shi’a believe that ‘Awl and Ta’sib are baseless namely, the real shares of the heirs are neither more nor less than the total property. And for the determination of real shares of everyone of the heirs in the above cited and other similar cases, action should be taken, as will be explained hereunder, so that the total of the shares will neither exceed nor fall short of total property. A number of distinguished companions of the Holy Prophet concurred with this belief and one of them was Ibn Abbas whose following remarks are well-­known: “Allah, who is aware of the number of particles of sand heaped up in the desert, also knows that the shares in inheritance ought not to exceed the total property”.

Hence, if something is in excess (i.e. the total of the shares is lesser than the property) the balance should be divided among those who inherit by Fardh in the ratio of their shares and those who are ‘Usabah should get nothing (‘Usabah means people related to the deceased from the side of his/her father and son). For example, a deceased person may have left behind one daughter and parents and his brother and paternal uncle may also be alive (of course the daughter and parents who fall in the first category will be his heirs and the brother and paternal uncle who fall in the second and third categories respectively will be treated as ‘Usabah). In that event, according to Shi’a belief, the daughter, father and mother will get 1/2, 1/6, and 1/6 of the property respectively and the balance will be divided among them in the same ratio. Thus, the brother and the paternal uncle will get nothing. However, other Ulama’ consider the remaining 1/6 to be the right of the brother and the paternal uncle.

It should, however, be kept in mind that according to our belief the husband and wife always get their fixed share namely, they neither get anything lesser than their share in the event of shortage of property nor anything more than their share in case the property be in excess. However, if the total property falls short of total shares (as mentioned in previous examples) a reduction will be made in the share of one, two or more sisters, but no change will take place in the shares of husband and wife.

The general rule is that in all cases in which Allah has prescribed the upper and lower limits of the shares of heirs (like husband and wife who get 1/2 and 1/4 respectively if there is no child and 1/4 and 1/8 respectively if there is a child) no subtraction or addition will take place in the shares to be inherited. However, in cases in which only one limit for inheritance has been prescribed shortage will affect that share in the same manner in which excess, if any, will be allocated to it. However, there is a difference of opinion as to whether shortage will affect the share of a father as well.

These are the views which have been expressed by Shi’a Ulama’ in conformity with the teachings of the members of the Holy Prophet’s progeny in the matter of total property exceeding total shares. However, the Sunni jurists believe that in such cases shortage should be pinned to the entire inheritance.

The Shi’a Ulama’ have advanced numerous arguments based on the Holy Qur’an and Sunnah regarding the futility of ‘Awl and Ta’sib which are contained in detailed books written on the subject.

One of the other beliefs regarding inheritance particular to Shi’a is that according to them the garment, the copy of Holy Qur’an and the ring belonging to the deceased is the right of the eldest son and other heirs have no claim on it. This is called Habwah and it carries conditions and details which are contained in relevant books on Jurisprudence.

Furthermore, one of the questions particular to Shi’a is the question of inheritance by the widow of an owner of agricultural property. The Shi’a believe that the widow does not at all inherit land (or its price). She cannot also inherit the trees or buildings but does inherit their price. This decree is based on traditions reported from the Holy Imams who have quoted them from the Holy Prophet himself. These are the basic points on which differences exist among Shi’a scholars themselves as well as with Sunni scholars.

• 1. Fardh or faridha is something which Allah has specified in the Qur’an.