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General Principles of Inheritance Under Islamic Law: A Comparative Analysis Between the Sunni and Shia Law of Inheritance


Article Information

Title: General Principles of Inheritance Under Islamic Law: A Comparative Analysis Between the Sunni and Shia Law of Inheritance

Authors: Aziz Ahmad

Journal: Traditional Journal of Law and Social Sciences (TJLSS)

HEC Recognition History
Category From To
Y 2024-10-01 2025-12-31

Publisher: ARCAITL (SMC-Private) Limited

Country: Pakistan

Year: 2025

Volume: 4

Issue: 02

Language: en

Keywords: Comparative jurisprudenceDoctrinal analysisJuristic interpretationsLegal heirsProperty distributionQur’anic injunctionsSuccession law.

Categories

Abstract

The law of inheritance under Islamic jurisprudence represents a complex yet highly structured system aimed at ensuring equitable distribution of property among legal heirs. This paper explores the fundamental principles of inheritance within Sunni and Shia traditions, highlighting both convergences and divergences in their approaches. The research problem stems from interpretative variations between the two schools, which, despite being rooted in the Qur’an and Sunnah, differ in categorization of heirs, application of exclusion, and treatment of residual shares. The study adopts a comparative doctrinal research design, analyzing primary Islamic sources, classical juristic opinions, and modern commentaries to assess the consistency and distinctiveness of each framework. Findings reveal that Sunni law recognizes three categories of heirs—sharers, residuaries, and distant kindred—whereas Shia law simplifies this into two, supplemented by a grade system. Additionally, Sunni law applies rules of increase (aul) and return (radd) more expansively, while Shia law restricts or modifies their application. Overall, the comparative analysis demonstrates that although both systems achieve comprehensive distribution, subtle differences in methodology significantly affect entitlement outcomes, underscoring the importance of nuanced legal interpretation in Islamic inheritance law.


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