“INHERITANCE UNDER HANAFI LAW”

FINAL DRAFT SUBMITTED IN THE PARTIAL FULFILLMENT OF THE COURSE–

FAMILY LAW- II

SUBMITTED TO:

MS. POOJA SRIVASTAVA

SUBMITTED BY:

NAME: ADITI CHANDRA

COURSE: B.B.A., LL.B (Hons.)

ROLL NO: 1806

SEMESTER: 4th

CHANAKYA NATIONAL LAW UNIVERSITY, NYAYA NAGAR,

MITHAPUR, PATNA – 800001

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 DECLARATION

I hereby declare that the work reported in the B.B.A., LL. B (Hons.) Project Report entitled
“INHERITANCE UNDER HANAFI LAW” submitted at Chanakya National Law
University is an authentic record of my work carried out under the supervision of Mrs. Pooja
Srivastava. I have not submitted this work elsewhere for any other degree or diploma. I am fully
responsible for the contents of my Project Report.

NAME OF CANDIDATE:

ADITI CHANDRA

CHANAKYA NATIONAL LAW UNIVERSITY, PATNA.

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 ACKNOWLEDGEMENT

I have taken efforts in this project. However, it wouldn’t have been possible without the kind
support of many individuals and institutions. I would like to extend my thanks to all of them.

I thank my God for providing me with everything I required in completion of this project.

I am highly indebted to my faculty Mrs. Pooja Srivastava for her guidance and constant
supervision as well as providing necessary information regarding the project and also for her
support in the completion of this project.

I would like to express my gratitude towards my parents for their kind cooperation,
encouragement and guidance regarding this project.

Also I would like to thank my friends and batch mates who willingly helped me out in the
development of this project.

THANK YOU

NAME: ADITI CHANDRA

COURSE: B.B.A., LL.B.(HONS)

ROLL NO: 1806

SEMESTER: 4th

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AIMS AND OBJECTIVES:

To study inheritance under Hanafi Muslim Personal Law.

HYPOTHESIS:

The researcher would like to undertake the hypothesis that inheritance under hanafi
law is discriminatory to female heirs.

RESEARCH METHODOLOGY:

The researcher will be relying on Doctrinal method of research to complete the

project.

LIMITATIONS OF THE STUDY:

The researcher has time limitations in completing the project.

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 INDEX

1. DECLARATION

2. ACKOWLWDGEMENT

3. INTRODUCTION: MUSLIM LAW

4. INHERITANCE UNDER HANAFI LAW

5. HEIRS

6. IMPORTANT DOCTRINES

7. EXCLUSION

8. CONCLUSION

9. BIBLIOGRAPHY

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 INTRODUCTION TO MUSLIM LAW

The law of succession in India falls within the realm of personal law. Due to this, we have so
many different succession laws, each purporting to reflect the diverse and differing aspirations,
customs, and mores of the community to which the statute in question applies.

WE have the Hindu Succession Act, the Parsi Succession Act, the Indian Succession Act (which
applies to Christians for the purposes with which we are now concerned), and even a Jaina
Succession Act (which has of course now fallen into disuse, since Buddhists, Jains, and Sikhs are
all now governed by the Hindu Succession Act). As far as Muslims are concerned, the law of
succession falls into two broad streams, the Shia law of succession and the Hanafi law of
succession. Both these laws of succession form part of the common law of India and are
recognized as having the force of law by virtue of the Sharia't Laws (Application) Act. The
Muslim law of succession is derived from the Sharia. The primary source of the Muslim law of
succession flows from the Holy Koran. Apart from those issues which are directly addressed in
the Holy Book, you have the Ijmas, the Sunnas, and the Qiyas, from all of which rules pertaining
to succession can be gleaned.1

The Muslim law of inheritance is a superstructure constructed on the foundation of preIslamic

customary law of succession. In Islamic law distinction between the joint family property and the
separate property has never existed, and in India Muslim law does not recognize the joint family
property, though among the South Indian Muslims having matrilineal system, the institution of
tarwad is recognized. Since under Muslim law all properties devolve by succession, the right of
heir-apparent does not come into existence till the death of the ancestor. Succession opens only
on the death of the ancestor, and then alone the property vests in, the heirs.

 Customary Principles of succession.-In the' pre-Islamic Arabia, the law of inheritance

was based on, what is called, comradeship-in-arms, and, on this basis, even the wife and
the children were excluded from inheritance. The four basic principles of the pre-Islamic
law of succession were: first~ the nearest male agnates or agnates succeeded to the total
exclusion of remoter agnate. Thus, if a Muslim died leaving behind a son, and a son of a
predeceased son, then the son inherited the entire property, and the grandson was totally
excluded. Secondly, females were excluded from inheritance; so were cognates. Thus, a
1
http://www.lawyersclubindia.com/articles/-8220-SUCCESSION-UNDER-HANAFI-LAW-8221--424.asp

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 daughter or a. sister or a daughter's son or sister's son could never succeed to the
property. Thirdly, the descendants were preferred over ascendants and, ascendants over
collaterals. For instance, in the presence of a son, father could not succeed. Similarly, in
the presence of father, brother could not, inherit. Fourthly, where there were more than
one male agnates of equal degree, all of them inherited the property and shared it equally,
taking per capita. For example, if a person died leaving behind three brothers, all of them
succeeded and each took one-third of the estate
 Islamic Principles of succession.-The Prophet interposed the following few principles on
the aforesaid principles of customary law of succession. First, the husband and. the wife,
being equal, is entitled to inherit to each other. Secondly, some near females and
cognates: are also recognized and enumerated as heirs. Thirdly, the parents and certain
other ascendants are made heirs even when there are descendants\ fourthly; the newly
created heirs (those who were not entitled to inherit under customary law) are given
specified shares. Fifthly,’ the newly created heirs inherit the specified shares' along with
customary heirs, and not to their exclusion. After allotting the specified share to the
newly created heirs, who are called sharers, whatever is left (residue)-and the scheme is
so laid down that something is usually left-goes to the customary heirs who are called
residuaries.

The superimposition of the Koranic principles on the customary law of inheritance has led to
divergence of opinion among the Shias and Sunnis, resulting in the propagation of two
different rules of inheritance:

(i) The Hanafis allow the framework or principles of the pre-Islamic customs to stand;
they develop or alter those rules in the specific manner mentioned in the Koran, and
by the Prophet.
(ii) The Shias deduce certain principles, which they hold to underlie the amendments
expressed in the Koran and fuse the principles so deduced with the principles
underlying the pre-existing customary law, and thus raise up a completely altered set
of principles and rules, derived from them.

There are two schools of Muslim law, namely, the Sunni and the Shia. This· division is based on
political reasons. We have seen earlier that according I . to the Shias the breach was due. to
Ayesha, one of the widows of Mahommed who had procured the election of her own· father Abu
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Bakr as Caliph instead of Ali who was the first disciple, cousin and son-in-law and also beloved
companion of Prophet Mahommed. The Shias accordingly advocated that the I succession to
Caliphate should be in the Prophet's own family or according to his nominees. They rejected the
Sunni doctrine that the succession should devolve by election, determined by the votes of the
jamaat. The Shias, therefore, do not recognize the first three Caliphs, viz., Abu Bakr, Umar and
Usman whom they regard as usurpers. According to Sunnis, on the other hand, · they' were
beloved of the Prophet.

The Sunnis are sub-divided into-(1) Hanafis, (2) Malikis, (3) Shafeis and (4) Hanbalis. The Shias
have three sub-sects - (1) Asna-Ashariyas or Imamias, (2) Ismailias, and (3) Zaidias.

Majority of Muslims in India are Hnaafis; whose founder was the Great Imam Abu Hanifa. The
main features· of this School are:

(1) Less reliance on Traditions unless their authority is beyond any doubt;

(2) Greater reliance on Qiyas;

(3) A little extension of the scope ofljma; and

(4) Evolving the doctrine of Istihsan, i.e., · applying a rule of law as the special circumstances
required.

Among the famous disciples of Abu Hanifa were: Abu Yusuf and Imam Muhamniad. Through
them the Hanafi School spread to fame. This School is followed in Syria,· Lebanon, Turkey,
E9Ypt, Afghanistan,. Pakistan, India, China, etc. Its adherents constitute more than one-third of
the Muslims of the world

This project deals with law of inheritance as per the Hanafi Laws and principals.

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 INHERITANCE UNDER HANAFI LAW

The Hanafis interpret the principles of customary law and Islamic law in such a manner as to
blend them together in a harmonious manner; the customary, heirs are not deprived of their right
of Inheritance in the estate of the deceased, but only a portion out of the estate is taken out and
given to the heirs enumerated/in the Koran. This means that the basic structure of customary
succession, the rule of agnatic preference, is retained-the agnates are still preferred over
cognates. The, Koranic succession takes the agnatic principles further by recognizing the right of
female agnates. Thus, if there is a female agnate (as specified -in the Koran) near to a male
agnate (as specified under the customary law), then, by virtue of nearness of her claim to take a
share in the estate of the deceased, she is allowed to take a share. But thereby, the male agnate is
not deprived of a share, and male agnate takes the residue. Or, where the female agnate and the
male agnate are equally near to the deceased, then the male heir takes twice the share of the
female heir. It is submitted that this principle implies not only to female agnates but also to male
agnates (i.e., those heirs who are made heirs by the Koran) ~ and it is wrong to generalize that
the male heir as such always takes double share of a female heir. Thus, uterine brother and father
as sharers do not take more than the uterine, sister and mother respectively. It should also be
noticed that most of the newly created heirs are the near blood relations of the deceased who
were ignored in the customary law. The Koranic imposition of new heir does not deprive the
male agnates of their inheritance, but their rights are liable. To be affected if there exists a
Koranic heir...If we examine the rights of the koranic heirs vis-vis the customary heirs, we find
two situations: 2

(i) The Koranic heir may be nearer to the customary heir. "1n such a case a specified
portion of the estate is given to the Koranic heir at the first instance and then
whatever is left' to be given to the customary heir. If there is more than one Koranic
heir. then all of them take their specified portions. and the residue goes to the
customary heirs. For instance, when a deceased has left a daughter and a brother, the
former will take 1/2 (as specified by the Koran) and the brother will take the residue

 2
http://shodhganga.inflibnet.ac.in/bitstream/10603/137137/8/08_chapter_03.pdf
 https://www.jstor.org/stable/pdf/312238.pdf

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 which is 1/2. If the deceased had left two daughters and a brother, then, the daughters
together will take 2/3 (as specified by the Koran) and the brother will take the residue
which is 1/3.
(ii) The Koranic heirs and the customary heirs may be equally near to the deceased. In
such a case double portion is given to the customary heir. In this situation the Koranic
heir is a female of equal proximity with the customary heir, but she was disqualified
under the customary law on account of her sex. Now she has been made to rank
equally with the customary heirs in respect of the residue of the estate after the prior
claim of the Koranic heirs are satisfied.

As to the rights of heirs vis-a-vis each other, if the heirs of the same class differ from each other
in their sex, they inherit equally (here the principle of male tak41g twice the share of a female
goes not apply). For instance, if a Muslim dies leaving behind father and mother, then each takes
1/6 of the estate. In this case neither can claim priority over the other on the basis of greater
proximity or on the basis of customary law. \ The modifications thus made by the Koran as
interpreted by the Hanafis are restricted to agnates, with a few exceptions where under some
cognates, such as uterine brother and uterine sister, are also included. The modifications do not
go to any collateral remoter than sisters. Further, these modifications in their application to
relations other than descendants are hedged with exceptions. The Hanafis have so interpreted the
Koranic rules that the customary heir’s right to inheritance is not affected, though a slice of the
estate is taken away for the Koranic heirs. Sometimes the customary heirs are also required to
share the residuary estate with the Koranic heirs, and in that process, sometimes, no residue of
the estate is left for them. (But this happens in a very few cases). Under the hanafi law, the
general rule of distribution of the estate is per capita and not per stripes.

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 HEIRS

Under any law of intestate succession, two questions that arise are:

(i) who are the heirs of the deceased, and

(ii) to what share the heirs are entitled.

Muslim law-givers have gone into details in laying down the categories of the persons who are
entitled to participate in the inheritance, and the respective shares to which each category of
heirs are entitled to receive. Hanafi jurists divide heirs into seven classes, the three principal and
the four subsidiary classes.

PRINCIPAL CLASSES:

(i) Quranic Heirs dhawul-furud (Sharers): They are person whose shares have been
specified by the Quran. They are entitled to receive a fixed share allotted to them in a
certain order of preference and mode of succession. The sharers are twelve in number.
Two of the close legal heirs of every deceased person are invariably regarded as his or
her Quranic heirs - the mother and the surviving spouse. Seven other female relatives of
the deceased may be regarded as Quranic heirs in some -prescribed circumstances. These
are the mother's mother, the father's mother, daughter, son's daughter, and sister- full,
half and ·uterine. Three male relatives of the deceased may be regarded as Quranic heirs
in some prescribed circumstances. These are the father, father's father and uterine
brother. Among the twelve Quranic heirs, notably, as many as nine are women. After the
payment of funeral expenses, debts and legacies, the first step is to ascertain which of the
surviving relations belong to the class of sharers and which again are entitled to a share
of the inheritance and then to proceed to assign their respective shares.
 Surviving spouse: - 1. Husband -A surviving husband invariably inherits from
his deceased wife. His share is 1/4 of her heritable estate, when there is a child or
child of a son how low so ever; 1/2 when no child or child of a son how low so
ever.
2. Wife-A surviving wife invariably inherits from her deceased husband and gets
1/4 of his heritable estate if he has not left a child or son's or grandson's child; if

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 he has -she gets 1/8. If, exceptionally, a person has left behind two wives they
have to share this entitlement equally.
 Parents: - 1. Father-. Father will-be a·Quranic heir if the deceased has left
behind a child_· or son's or grandson's child, and get 1/6 - if not he will be a non-
Quranic heir placed in the class of agnates or residuaries.
2. Mother-- Her share is 1/6 (a) when there is a child or child of a son how low
so ever, or (b) when there are two or more brothers or sisters, or even one brother
and one sister, whether full, consanguine or uterine. It is 1/3 when no child or
child or a son.how low so ever and not more than one brother or sister, if any; but
if there is also wife or husband and the father, then only 1/3 of what remains after
deducting the wife's husband's share.
 Grandparents:-· 1. Maternal Grandmother-In the absence of the mother of the
deceased the maternal grandmother or her mother will inherit and get 1/6 - even
where the father of the deceased is. alive.
2. Paternal Grandmother-The paternal grandmother of the deceased will
inherit only in the absence of both parents of the deceased and get 1/6. In her
absence the paternal grandfather’s mother may take her position. If there are two
or more grandmothers of the deceased - whether maternal or paternal - entitled to
inherit, their joint share will be 1/6, which they will share equally.
3. Paternal Grandfather-In the absence , of the father of the deceased the
paternal grandfather or great-grandfather, will inherit as a Quranic heir and take
1/6; in the absence of a child or son's or grandson's child of the deceased he will
take the-father's place among the agnatic heirs or residuaries.
Notably, the maternal grandfather of the deceased - or of either parent of the
deceased- is not a Quranic heir and can inherit only as a uterine heir.
 Daughters- The daughters of the deceased will be Quranic heirs in the absence of
any son; in the presence of a son they will be non-Quranic heirs placed with him
in the preferential class of the agnates. As a Quranic heir one daughter gets while
two or more of them get 2/3, which they take in equal shares.
 Son’s Daughters- In the absence of any child of the deceased the daughter of a
predeceased son will be a Quranic heir - provided that such a son has not left
behind a son of his own; provided that such a son has not left behind a son of· his

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 own; if he has, she will be a non-Quranic heir placed with the grandson in the
class of agnates or residuaries.
So inheriting, a single granddaughter gets 1/2, and two or more 2/3, which they
will share equally.
As an exception, such granddaughters- one or more, when surviving ·with a
single daughter of the deceased get 1/6 in all (i.e., the balance of two or more
daughters' joint share of2/3). In the same circumstances a grandson’s daughter
may also inherit as a Quranic heir, if succession otherwise passes on to the next
generation of the descendants.
 Full and half-sisters: 1. Full sisters-If the deceased has left behind no child, or
son's or grandson's child, and also not the father or grandfather; the sisters of the
deceased by full blood will be Quranic heirs in the absence. of such a brother;
with such a ·brother they will be non-Quranic heirs placed with him in the
preferential class of the agnates or residuaries.
2. Half-sisters (consanguine sister)- In the same above circumstances, if there is
no full sister or brother the place of a full sister may be taken by a half-sister of
the deceased-provided that there is no half-brother; if there is one they both may
inherit as non-Quranic heirs placed among the agnates.
As a Quranic heir one full or half sister gets ½, while two or more such sisters get
2/3 which they will share equally. As an exception, if there is only one full sister
inheriting as a Quranic heir and there is also a half-sister eligible as such an heir,
the latter will also get 1/6 (i.e., the balance of two or more full or half sisters'
joint share of2/3). The same will be the position if there are two or more half-
sisters with one full sister.3
 Uterine brothers and sisters: Uterine sisters and brothers of a deceased person
who is not survived by the father or grandfather, or by any child or a son or
grandson's child, will inherit as Quranic heirs. The share of one such sister or
brother will be 1/6; and of two or more of them 2/3 which they will share equally.

(ii) Agnatic Heirs asabat (Residuaries): All residuaries are related to the deceased through
males. Residuaries may be classified as:

3
http://www.shareyouressays.com/knowledge/succession-under-hanafi-law-hanafi-law-of-inheritance/117590

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 (i) residuaries in their own right; these are all male residuaries
(ii) residuaries in the right of another;· these four female residuaries, namely, 'daughter,·
in the. right of the son, son's daughter, how low so ever, in the right of son's ·son how
low so ever, full sister, in the right of full brother, and the consanguine sister in the right
of the consanguine brother, and
(iii) residuaries with others, viz., full sister, consanguine sister, when they inherit as
residuaries with daughter and son's daughter, how low so ever.
However, from the point of view of the order of succession, it would be better to classify
them into:
(a) Descendants of the deceased
(b) Ascendants of the deceased, and
(c) Collaterals of the deceased. The collaterals may be further divided into:
(i) Descendants of the deceased's father, and
(ii) Descendants of the deceased's father's father how so ever high.
(c) Daughter
(d) Son's daughter
(e) Full sister and
(f) Consanguine sister.
Of these, the father and the true grandfather inherit in certain circumstances both as
sharers and residuaries. No other heir can inherit in double capacity. The other four who
are all females, inherit either as sharers or as residuaries. They succeed as residuaries
when they co-exist with male heirs of equal proximity. For instance, the daughter
inherits as a sharer when there is no son. When there is a son, she inherits as a residuary.
The same applies to the other females. These are the only four females 'who inherit as
residuaries, and they inherit in that capacity along with the males of equal proximity.
Except the son's daughter how low so ever, no one of these females can, as residuary,
succeed with a male of lower grade. For instance, daughter can neither succeed as
residuary with son's son nor can sister succeed with brother's son. But son's daughter
inherits as residuary not only with son's son's son how low so ever.
(iii) Uterine Heirs dhawul-arham (Distant Kindred): If a Muslim man leaves no male
agnate and either no Quranic heir or only the spouse relict, his/her estate (excluding the
share taken by the spouse relict, if present) passes to a further category of heirs termed

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 'distant kindred'. This category includes all blood relatives who do not fall into the
categories of male agnates and Quranic heirs-e.g., daughter's children; son's daughter's
children; daughters of male agnatic collaterals; daughters and sons of female agnatic
collaterals and of male and female uterine collaterals; false grandparents; paternal and
maternal aunts and their issue; maternal uncles and their issue, etc. Distant kindred are
all either women or connected to the propositus through a female link. These relatives
are 'distant' not necessarily in terms of their blood relationship with the deceased
(daughter's children are, after all, grandchildren of the propositus), but in terms of the
probability that they will ever come into a share of the inheritance.

SUBSIDIARY CLASSES:

(i) The successor by contract: This is a person whose right of inheritance is based I on a
contract with the deceased in consideration of an undertaking given by him to pay any
fine or ransom. Fyzee says that it is merely of antiquarian interest, because compensation
for criminal offences is not payable in India. .
(ii) The Acknowledged kinsman: is a person of unknown descent in whose favour the
deceased has made an acknowledgment of Kinship, not through himself, but through
another. Consequently, a man may acknowledge another I as his brother (descendant of
father), or uncle (descendant of grandfather), but · not as his son.
(iii) The Sole Legatee: In the absence of three classes of Principal heirs and the above-
described classes of two Subsidiary heirs, a person is entitled to bequeath the whole of
his estate to any person, who is called the Universal legatee.
(iv) The State, by Escheat: In the absence of either Principal or Subsidiary heirs, or a will,
the whole of a estate of a deceased would escheat to the Government.

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 IMPORTANT DOCTRINES

In a system of law which assigns fixed shares to heirs, two anomalous situations are likely to
arise: The sum of shares allotted to various heirs according to their entitlement:

 may be in access of the unity, or

 may be less than the unity. The former situation is solved by' the application of the
Doctrine of Aul or Increase, and the .latter by the application of the Doctrine of Radd
or Return.

DOCTRINE OF AUL OR INCREASE- When the sum total of the shares' allotted to various
heirs in accordance with their entitlement -exceeds the unity, then the doctrine of aul lays down
that the share of each heir should be proportionately reduced. This is done by reducing the
fractional shares to be common denominator. Since this is done by increasing the denominator,
the doctrine has been given the name of increase (aul) though in fact the shares are
proportionately reduced.

DOCTRINE OF RADD OR RETURN- When there is surplus left after allotting the shares to
the sharers in accordance with their entitlement, and there are no residuaries to take the surplus,
then the doctrine of return lays down that the surplus is to be distributed among the sharers in
proportion to their respective shares. This doctrine, recognizes one exception, viz., neither the
husband nor the wife is entitled to the return so long as' there is alive another sharer or a distant
kindred. But in India this is not the law. In the absence of a sharer or distant kindred, the surplus,
returns to the husband or the wife, as the case may be. Thus, under Muslim law of modern India,
the doctrine of return lays down: (i) the surplus is distributed among the sharers in proportion to
their shares. (ii) But the husband or the wife is not entitled to return, so long as there is a sharer
or distant kindred alive. (if there is no sharer or a distant kindred, then the surplus returns to the
wife or husband.

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 EXCLUSION

Every heir is entitled to inherit a property unless he (or she) is debarred from inheritance under
any rule of exclusion. Under Muslim law, if an heir is disqualified on any of the following
grounds, he (or she) is excluded from inheriting the property.

However, insanity, want of chastity or any physical deformity is not regarded as any
disqualification for inheritance. Adulterous women, insane or infirm persons are equally
competent to inherit a property. 4

 Illegitimacy: In all schools of Muslim law, the illegitimate child does not inherit to its
father; nor is the putative father an heir to the estate of his illegitimate child. However, in
Hanafi law the illegitimate child is an heir to its mother and maternal relations, and they
are heirs to it.
 Invalid/void marriage: Although in Hanafi law the children of an 'invalid' (fasid)
marriage are classified as legitimate, the 'wife' whose marriage is not completely valid
(sahih) is never an heir to her husband, nor is he an heir to her. A marriage that is void ab
initio (batil) creates no rights of inheritance either between the spouses or between
children and their father (the children being illegitimate in law).
 Responsibility for death of propositus: In Hanafi law, an individual is excluded as an
heir if he were directly responsible for the death of the propositus, whether the death was
a result of accident or misadventure, or was deliberate homicide. The disqualification,
under the classical law, is personal, adhering only to the actual slayer and not affecting
those claiming through him.
 Difference of Religion: Under the Islamic texts, a non-Muslim is excluded from
inheriting the properties of a Muslim. But under the Muslim law as administered in India,
difference of religion is not any disqualification for inheritance.
A legal heir of the deceased Muslim cannot be debarred from inheritance on the ground
that such heir was not a Muslim at the time of death of the deceased. Under the Caste
Disabilities Removal Act, 1850, renunciation of religion by any heir does not affect his

4
http://www.shareyouressays.com/knowledge/rules-of-exclusion-of-heir-to-entitled-a-property-under-muslim-
law/117458

17
 (or her) rights of inheritance under the personal law to which that heir belonged before
conversion.
 Exclusion of Daughters under Custom or Statute: At certain places daughters are
sometimes excluded from inheritance under any local custom or under some specific
enactment. For example, among the Gujars and Backkerwals of Kashmir, there is a
custom that daughters cannot inherit in the presence of any male descendant of the
grandfather. Similarly, under the Watan Act, 1886, enforced in Bombay, a daughter is
excluded from inheritance in the presence of a paternal uncle.

18
 CONCLUSION

In the context of India's constitutional commitment to the evolution of a uniform civil code in
place of the diverse systems of personal law applicable to individuals on the basis of their
communal affiliation, Islamic law has attained increased political significance.

To understand the Islamic laws of inheritance as a whole it is necessary to consider the system of
inheritance that operated within the Arabian Peninsula prior to the revelation of the Quranic
injunctions on inheritance. Amongst the male agnates there were rules of priority, which
determined which of the surviving male agnates were entitled to inherit. It is likely that the rules
of priority that operate amongst the asaba in Sharia are a carry-over of the old customary agnatic
system. In Islamic law the son takes priority over the father who in turn takes priority over the
brothers who in turn take priority over the paternal uncles.

As we shall see the Quran does not expressly state the share of the male agnate relatives as such,
although it does enact that the share of the male is twice that of a female. The researcher
undertook the hypothesis that hanafi law of inheritance is discriminatory to female heirs and as
seen here, the share of two females equals the share of one male heir, this hypothesis is proved.
The Sunni jurists take the view that the intention of the Quranic injunctions was not to
completely replace the old customary agnatic system entirely but merely to modify it with the
objective of improving the position of female relatives. The Sunni Islamic law of inheritance is
therefore, an amalgamation of the Quranic law superimposed upon the old customary law to
form a complete and cohesive system.

19
 BIBLIOGRAPHY

 Family Law, Paras Diwan, Allahabad law Agency, 10th edition

 http://www.lawyersclubindia.com/articles/-8220-SUCCESSION-UNDER-HANAFI-
LAW-8221--424.asp
 http://shodhganga.inflibnet.ac.in/bitstream/10603/137137/8/08_chapter_03.pdf
 https://www.jstor.org/stable/pdf/312238.pdf
 http://muslimcanada.org/muspersonallaw12.html
 http://www.shareyouressays.com/knowledge/succession-under-hanafi-law-hanafi-law-of-
inheritance/117590
 http://www.shareyouressays.com/knowledge/rules-of-exclusion-of-heir-to-entitled-a-
property-under-muslim-law/117458

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