Rules of Aul and Radd

Week 10

Islamic Personal Law-II (6-B)

Wajahat Sharif
 Rule of Aul and Radd
• The occasion of the application of Aul and Radd arises when the calculated
shares of the sharers do not correspond with the supposed shares of an
estate.
• So the either the supposed shares are increased (Aul) or decreased (Radd)
so that they should correspond with the calculated shares.
Aul Radd
LCM Increases LCM Decreases
Supposed Shares are increased Supposed Shares are decreased
Actual Shares of the sharers decreases Actual Shares of the sharers increases
 Aul: The Method of Increase
• Aul literally means:
a. unfairness,
b. injustice (zulm),
c. excess or surplus.

• The method of Aul is applied in that situation where the calculated

shares of sharer increase from the supposed shares of an estate and for
the purpose of giving each sharer his/her share in terms of prescribed
manner, the supposed shares are to be increased in number so that they
should correspond with the calculated shares.
 When did Aul happen in Islamic History?
• The first reported case was brought before the caliph Hazrat Umar R.A
and he after consultation with other companions and with the advice
from Zaid Bin Thabit R.A, introduced the method of Aul after the
happening of the following incident:
• A woman died leaving behind her husband and two full sisters.
Husband: 1/2: 3/6
2 Full Sisters: 2/3: 4/6

Hence the calculated share is 7 while the supposed shares are 6

• As a result husband insisted his own full share and the sisters insisted
their own full share.
• The matter was brought before Hazarat Umar R.A but he was
indecisive initially as to who should be preferred over the other and
whose share is to be deducted.
• Hazrat Zaid R.A advised him that we should increase the supposed
shares from 6 to 7 so as to correspond with the calculated shares of the
sharers.
• The resolution was acceptable to the parties and they expressed their
satisfaction on it.
Husband: 1/2 : 3/6 : 3/7
2 Full Sisters: 2/3 : 4/7 : 7/7
 Situations not susceptible to Aul
Aul will not occur when the supposed shares are:
a. 2
Husband: 1/2 : 1
Full Sister: 1/2 : 1

b. 3
Mother: 1/3 : 1
Father: R : 2/3 : 2

2 daughters: 2/3 : 2
Brother: R : 1/3 : 1

Mother: 1/3 : 1
Brother: R : 2/3 : 2
 Situations not susceptible to Aul

c. 4
Wife: 1/4 : 1
Brother/Sisters: R : 3/4 : 3

d. 8
Wife: 1/8 : 1
Daughter: 1/2 : 4/8 : 4
Sisters: R : 3/8 : 3
 Situations susceptible to Aul
Aul will occur when the supposed shares are:

a. 6: it will increase by way of Aul to either 7, 8, 9 or 10 but not more

than 10
b. 12: may be increased either to 13, 15 or 17
c. 24: is increased to 27.
 Examples of Aul of 6
Husband: 1/2 : 3/6 : 3/7
2 Full Sisters: 2/3 : 4/7 : 7/7

Husband: 1/2 : 3/6 : 3/8

2 Full Sisters: 2/3 : 4/6 : 4/8
Mother: 1/6 : 1/6 : 1/8

Husband: 1/2 : 3/6 : 3/9

2 Full Sisters: 2/3 : 4/6 : 4/9
Mother: 1/6 : 1/6 : 1/9
Uterine Sister: 1/6 : 1/9

Husband: 1/2 : 3/6 : 3/10

2 Full Sisters: 2/3 : 4/6 : 4/10
Mother: 1/6 : 1/6 : 1/10
Uterine Sister and Uterine Brother: 1/3 : 2/6 : 2/10
 Examples of Aul of 12

Wife: 1/4 : 3/12 : 3/13

2 Sisters: 2/3 : 8/12 : 8/13
Mother: 1/6: 2/12 : 2/13

Wife: 1/4 : 3/12 : 3/15

2 Sisters: 2/3 : 8/12 : 8/15
Mother: 1/6: 2/12 : 2/15
Uterine Sister: 1/6: 2/12 : 2/15

Wife: 1/4 : 3/12 : 3/17

2 Sisters: 2/3 : 8/12 : 8/17
Mother: 1/6: 2/12 : 2/17
Uterine Sister and Uterine Brother 1/3: 4/12 : 4/17
 Examples of Aul of 24
Wife: 1/8 : 3/24 : 3/27
2 Daughters: 2/3 : 16/24 : 16/27
Father: 1/6 : 4/24 : 4/27
Mother: 1/6: 4/24 : 4/27
 Few Important Observations Regrading Aul

1. Whenever in a particular situation, there is a legal heir entitled to 1/2 ,

while another heir to the rest of the estate, then there is NO need of Aul.
2. Whenever, a legal heir is entitled to 1/3 and another heir to the rest or
2/3 then NO need of Aul.
3. Whenever, a legal heir is entitled to 1/4, another heir to 1/4 and the
third heir to the rest or 1/2 then NO need of Aul. Matter is to be
resolved out of 4 shares.
4. Whenever two legal heirs, one is entitled to 1/8 while the other to the
rest then NO need of Aul. Matter is to be resolved out of 8 shares.
 Radd: The Method of Return (Reduction)
• Radd literally means: return; coming back.
• Technically: it refers to a situation where the calculated shares of heirs are reduced
from the supposed shares of an estate. As a result share of heir increases.
• This method can only be applied when there is no residuary.
• For the application of Radd:
a. All sharers can benefit under Radd except the spouses. The spouses cannot benefit under
rule of Radd because they are not blood relative of the deceased, so their link to the
deceased is dissolved by death of one of them.
b. Father/Grandfather of deceased are categorized as sharers and inherit a fixed share out of an
estate in presence of his children. But if there is no child of deceased, they convert into
residuaries. So in the presence of Father/Grandfather there is no possibility of Radd
application because the residue which could have been subjected to Radd is taken away by
anyone of them
 List of Sharers Eligible to Inherit under
Radd/Return
a. Daughter
b. Son’s Daughter
c. Full Sister
d. Consanguine Sister
e. Mother
f. True Grandmother
g. Uterine Sister
h. Uterine Brother
 Conditions for the Application of Radd
a. There are sharers only in particular situation
b. There is no legal heir of deceased who is residuary
c. After giving sharers their prescribed shares, the deceased estate is
not fully consumed and so something is left, which is to be reverted
back to some eligible shares by way of Radd.
 Kinds of Radd

A. There are legal heirs who are from the same category of sharers and there is no
spouse.
Example: There are only 3 daughters of the deceased who are alive.
Although daughters share is 2/3, but since there is no other legal heir alive, so the rest of 1/3
will also be shared by them. Thus, the whole estate will be divided equally among them.
Daughter + Daughter + Daughter = 2/3
Remaining= 1/3 will be returned to Daughters
Hence each daughter will receive 1/3.

Example:
True Grandmother: 1/6
Uterine Sister: 1/6

Since no other legal heir so entire estate will be equally divided among them
 Kinds of Radd

B. There are legal heirs from different categories of sharers and there is no spouse.
Examples

Daughter: 1/2 : 3/6 : 3/4

Mother: 1/6 : 1/6 : 1/4

2 Daughters: 2/3 : 4/6 : 4/5

Mother: 1/6 : 1/6 : 1/5

Mother: 1/6 : 1/6 : 1/3

2 Uterine Sisters: 1/3 : 2/6 : 2/3
 Kinds of Radd
C. There are legal heirs who are from the same category of sharers
and spouse is present.
Examples:
Husband: 1/4 : 1/4
Daughter: 1/2: 2/4
Since 1/4 share is surplus and the sharer gets benefit of the surplus and
the spouse does not so the surplus will be consumed by the daughter.
Hence Daughter: 3/4
 Kinds of Radd

D. There are legal heirs from different categories of sharers and

spouse is present.