Shia Law of Inheritance

Introduction

Shia law of inheritance is based on a structured system that gives priority to blood relations and certain legal relationships.
It differs from Sunni law in classification of heirs and method of distribution, especially in giving strict preference to nearer relatives.

Meaning / Definition

Under Shia law, succession to property is based on two main principles:

• Nasab (blood relationship) – inheritance through family relations
• Sabab (special cause) – inheritance through legal relationship such as marriage

Heirs are therefore classified based on relationship by blood and marriage.

Modes or Types

Basis of Succession

Nasab (Blood Relationship)

• Includes:
  • Dhul-Furud (sharers with fixed shares)
  • Dhul-Qarabat (blood relatives)

Sabab (Special Cause)

• Includes:
  • Spouse (husband or wife)
  • Other special legal relationships

Categories of Heirs

Heirs by Marriage

• Husband
• Wife

They always inherit and are never excluded.

Heirs by Consanguinity (Blood Relations)

These are divided into three main classes:

Class I Heirs

• Parents
• Children and lineal descendants (direct descendants like grandchildren)

Rule:

• Nearer relative excludes remoter relative

Class II Heirs

• Grandparents (both true and false grandparents)
• Brothers and sisters and their descendants

Rules:

• Nearer excludes remoter
• Full blood relations are preferred over half blood

Class III Heirs

• Paternal uncles and aunts
• Maternal uncles and aunts
• Their descendants

Rule:

• Heirs in earlier category exclude those in later category

State by Escheat

• If no heirs exist, property goes to the State

Distribution of Assets

Among Class I Heirs

• Husband:

  • 1/2 (if no children) or 1/4 (if children exist)

• Wife:

  • 1/4 (if no children) or 1/8 (if children exist)

• Mother:

  • 1/3 (in some cases) or 1/6

• Father:

  • 1/6 plus may take residue (remaining property)

• Daughter:

  • 1/2 (single daughter)
  • 2/3 (two or more daughters)

• Son:

  • Takes as residuary (gets remaining property after fixed shares)

• Grandchildren:

  • Step into place of their deceased parent

Among Class II Heirs

Grandparents

• Paternal side gets 2/3

• Maternal side gets 1/3

• On paternal side:

  • Male gets double share of female

• On maternal side:

  • Equal distribution

Brothers and Sisters

• Full blood preferred over half blood
• Uterine siblings:
  • 1/6 (one)
  • 1/3 (more than one)

Among Class III Heirs

• Property devolves after giving spouse share
• Priority order:
  • Uncles and aunts
  • Their descendants
  • More remote relatives

Distribution Rule:

• Paternal side gets 2/3
• Maternal side gets 1/3

Practical Example

A person dies leaving:

• Husband (H)
• Mother (M)
• Father (F)

Distribution:

• Husband = 1/2
• Mother = 1/3
• Father = 1/6 (and may take remaining part if any)

This shows:

• Fixed shares are given first
• Remaining property goes to residuary heir

Summary

• Shia law is based on blood relationship (nasab) and special cause (sabab)
• Husband and wife always inherit
• Heirs are divided into Class I, II, and III
• Nearer relatives exclude remote relatives
• Full blood preferred over half blood
• Fixed shares are given first, remainder goes to residuary
• Grandchildren represent their deceased parent
• If no heirs exist, property goes to the State (escheat)