Introduction
The law of inheritance in Islam is a cornerstone of Muslim personal law. It lays out an intricate yet just system of distributing a deceased person's estate among rightful heirs. The structure is rooted in the Quran, Hadith, and classical jurisprudence, and is considered one of the most mathematically precise legal frameworks in the world.
One of the defining features of Islamic inheritance law is its categorization of heirs into Sharers (Ashab al-Furud), Residuaries (Asabah), and Distant Kindred (Zawil Arham). Each category has a unique role in succession and receives their share according to a priority-based structure. In India, the Muslim Personal Law (Shariat) Application Act, 1937 governs these matters, and the courts have consistently applied these classifications to resolve inheritance disputes.
This blog aims to provide a clear understanding of who the sharers, residuaries, and distant kindred are, how their shares are calculated, and how Indian courts apply these principles while ensuring the welfare of rightful heirs.
🔗 Also read: Doctrine of Representation and Per Capita/Per Strip Distribution
Sharers (Ashab al-Furud): Fixed Quranic Heirs
Sharers are the heirs who are assigned fixed shares in the Quran. Their right to inherit is not dependent on the presence or absence of other heirs, although the quantum of their share may vary accordingly. Sharers are always the first to receive their designated portions of the estate before anything is distributed to the residuaries or distant kindred.
Who are the Sharers?
There are twelve recognized sharers, including both male and female heirs:
- Husband
- Wife
- Father
- Mother
- Daughter
- Son’s Daughter
- Full Sister
- Consanguine Sister
- Uterine Brother
- Uterine Sister
- Paternal Grandfather
- Maternal Grandmother
Each of these sharers receives a specified fraction of the estate, depending on who else survives the deceased. For example:
- A wife inherits one-fourth if there are no children, and one-eighth if there are.
- A daughter, if alone, inherits half; if two or more, two-thirds collectively.
Sharers must be satisfied before moving to the next categories of heirs.
Residuaries (Asabah): Inheriting the Remainder
After the fixed shares are distributed to the sharers, the remaining estate — if any — goes to the residuaries. These are the heirs who do not have a fixed share but are entitled to the residue of the estate after the sharers have been paid.
Who are Residuaries?
Residuaries are typically male relatives connected through the male line. They can be:
- Direct (like sons and grandsons)
- Collateral (like brothers, uncles, and their descendants)
Residuaries are divided into the following types:
- Residuaries by themselves (Asabah bin Nafsihim):These include male heirs like sons, grandsons, father, and full brothers.
- Residuaries with another (Asabah ma'a Ghairihim):Females who become residuaries when paired with a male counterpart. For example, a daughter becomes a residuary when a son is present.
- Residuaries through another (Asabah bi Ghairihim):Female heirs who are made residuaries due to the presence of male heirs of the same class (e.g., full sister with a full brother).
Principle of Proximity
Residuaries inherit based on degree of closeness to the deceased. A nearer residuary excludes the more distant one. For instance, a son excludes a grandson, and a full brother excludes a half-brother.
In Mohd. Amin v. Vakil Ahmed, the court reiterated that proximity governs the right of residuaries, and distant ones have no claim if a closer one exists.
🔗 Also read: General Principles of Inheritance under Muslim Law
Distant Kindred (Zawil Arham): Extended Blood Relatives
When there are no sharers or residuaries, the estate passes to the distant kindred. These are relatives not mentioned in the Quran but are still connected by blood and deserve a share when closer heirs are absent.
Who Are Considered Distant Kindred?
Examples of distant kindred include:
- Daughter’s children
- Son’s daughter’s children
- Maternal uncle and aunt
- Paternal uncle’s daughter
- Father’s sister
- Brother’s daughter
These heirs do not qualify as sharers or residuaries but can inherit in the absence of both. The list is long and may vary slightly across Sunni and Shia schools.
Some Sunni jurists do not allow distant kindred to inherit at all, while Hanafis recognize their rights only when no sharers or residuaries exist. In Shia law, distant kindred are more readily acknowledged, though still based on structured classes.
Order of Succession: How Shares Are Applied
To understand how inheritance is distributed among these three categories, it is important to follow the correct order of application:
- Sharers get their fixed share first.
- Residuaries take the residue after sharers.
- If anything is left, or no sharers/residuaries are present, the distant kindred inherit.
Example:
Let’s assume the deceased is survived by:
- Wife
- One daughter
- Father’s sister
Distribution:
- Wife: 1/8
- Daughter: 1/2
- Remaining: To residuaries (if any) — if not, to distant kindred like father’s sister
If the estate still remains after satisfying sharers, it may be redistributed among sharers via Doctrine of Return (Radd), but never to residuaries who are excluded.
Differences Between Sunni and Shia Schools
While the classification broadly applies to both Sunni and Shia schools, there are some differences in approach:
- Sunni Law emphasizes fixed shares and residuary inheritance. Distant kindred are allowed but rarely used.
- Shia Law rejects the concept of residuaries and follows a class system, where inheritance flows from Class I to Class II to Class III, based on proximity.
In Sunni law, mathematical calculation is key, while in Shia law, the hierarchy of closeness is the main principle.
Modern Legal Context in India
The Muslim Personal Law (Shariat) Application Act, 1937 governs inheritance among Muslims in India. Although not codified like Hindu law, courts in India have recognized the categories of sharers, residuaries, and distant kindred through authoritative texts and judicial precedent.
Judges have ruled that customary laws cannot override Quranic injunctions unless explicitly allowed. This ensures predictability and uniformity in succession matters for Muslims.
🔗 Also read: Maintenance of Divorced Muslim Women: Shah Bano Case to Muslim Women Act, 1986
Conclusion
Understanding the roles of sharers, residuaries, and distant kindred is essential to grasp the Islamic law of inheritance. Each category has its own set of rules and prioritization, and their shares are calculated with a deep sense of equity rooted in divine injunctions. The system ensures that immediate family members are prioritized, and only in their absence do extended family members come into the picture.
The interplay of these categories, combined with the precise mathematical structure of Islamic inheritance, reflects a balance of familial duty, justice, and divine will. As society evolves, legal practitioners and families must remain informed about these rules to ensure proper distribution and prevent disputes.
🔗 Next Blog: Disqualification from Inheritance in Muslim Law
