Doctrine of Aul and Radd

Introduction

In Muslim law, certain heirs are given fixed shares. Sometimes, the total of these shares may not exactly equal the whole property.

Two legal rules are used to solve this issue:

• Doctrine of Aul (increase)
• Doctrine of Radd (return)

Meaning / Definition

• Doctrine of Aul (increase):
  Applies when total shares exceed the whole property. Shares are reduced proportionately.

• Doctrine of Radd (return):
  Applies when total shares are less than the whole property and there is no residuary (person who takes balance). The remaining property is returned to sharers.

Modes or Types

Doctrine of Aul (Increase)

• Applies when total shares are more than 1 (whole property).
• Shares are reduced proportionately.
• Done by increasing the denominator (base number in fraction).

Key points:

• All sharers are affected equally
• No one gets full original share
• Ensures total becomes equal to 1

Doctrine of Radd (Return)

• Applies when total shares are less than 1
• Remaining property is redistributed among sharers

Key points:

• Distribution is in proportion to original shares
• Applies only when no residuary exists
• Husband and wife usually do not get return if other heirs exist

Distinction / Comparison

Practical Example

Example of Aul

A person dies leaving:

• Husband = 1/2
• Mother = 1/6
• Two sisters = 2/3

Total = more than 1

Solution:

• Denominator increased
• Shares reduced proportionately

Example of Radd

A person dies leaving:

• Mother = 1/6
• Daughter = 1/2

Total = 2/3

Remaining = 1/3

Solution:

• Remaining 1/3 is distributed between mother and daughter
• In proportion to their shares

Summary

• Fixed shares may not always total to one whole property
• Doctrine of Aul applies when shares exceed the total
• Shares are reduced proportionately in Aul
• Doctrine of Radd applies when surplus remains
• Surplus is redistributed among sharers
• Husband and wife usually do not receive return if other heirs exist