Question: Divide the estate in the following cases according to both Hanafi and Shia systems:— 1. X dies leaving his father, mother, and daughter. 2. Y dies leaving his wife, a full sister, and a daughter.

Question: Divide the estate in the following cases according to both Hanafi and Shia systems:—
                1. X dies leaving his father, mother, and daughter.
                2. Y dies leaving his wife, a full sister, and a daughter.

Find the question and answer of Muslim Law only on Legal Bites. [Divide the estate in the following cases according to both Hanafi and Shia systems:—

1. X dies leaving his father, mother, and daughter. 2. Y dies leaving his wife, a full sister, and a daughter.]

Answer

The distribution of the estate under Muslim law can be done in two ways – per-capita and per-strip distribution. The per capita distribution is majorly used by the Hanafi law. According to this method, the estate is distributed equally between the heirs. Therefore, the share that a person gets depends on the number of heirs that exist. It can be seen as a less complicated and simplified way of distributing property.

The latter, per strip distribution, is used under Shia law. Here, the property shall be distributed amongst the heirs according to the strip or the class that they belong to. Therefore, the inheritance depends upon the branch and the number of persons that belong to that branch. If there exists no legal heir in the first branch then the property moves to the other, and in the absence of a second branch it moves to the third.

I. Hanafi (Sunni) Law of Inheritance

Hanafi law of inheritance only focuses on relatives who have descended from a male member who may be in relation to the deceased person. Each heir holds the property separately, holding a definite share in the estate.

The Sunni law classifies the heirs of the inheritance into three groups:

Quota Heirs beneficiaries – They take an assigned share of the estate and most first in line. Includes daughters, parents, grandparents, spouses, brothers, and sisters, etc.

Residuaries – Inherit property after the shares have been distributed in Quota-heirs. They include both male and female members of the family which may be in the second line of the bloodline.

When a person has no direct relatives the property goes to the state 

The law also fixes shares for the portion of the estate that the heir is entitled to:

• The wife is entitled to one-fourth of the share if the couple has no lineal descendent, and one-eighth if they do.
  
• Husband takes half the share when there exists no lineal descendent and one-fourth if they do.
• Sole daughter is entitled to half the property. In the case of more than one daughter, all the daughters jointly get two-thirds of the estate.
• If both, daughter and son exist then the daughter ceases to be a sharer and becomes a residuary sharer instead. Here, a son is entitled to double what a daughter inherits.

Thus, in the present case at hand, when X dies leaving his father, mother, and daughter, the division of shares will be as follow:

a) Daughter: ½ share

b) Father: ¼ share

c) Mother: ¼ share

II. Shia Law of inheritance

The Shia Law divides heirs into two groups – by blood relations (consanguinity) and by marriage (affinity). The heirs by consanguinity are also termed as heirs by Nasab, while the heirs by affinity are heirs by Sabab.

Based on blood relations a further classification is drawn into three classes. Here the first shall exclude the second from inheritance and the second exclude the third.

I. First class

• Parents

• Children and other lineal descendants

II. Second class

• Grandparents

• Brothers and sisters and their descendants

III. Third Class

• Paternal, and

• maternal, uncles and aunts,

• and their children

Thus, in the present case at hand, when Y dies leaving his wife, a full sister, and a daughter, his estate will be shared by his children and other lineal descendants i.e. the sole daughter and wife will exclude his full sister. So, both daughter and wife will be entitled to half of the share of the Y's estate.

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