# doctrineofAul #doctrineofRadd #MuslimLawofinheritanceinenglish
Doctrine of Aul and Radd
In
Muslim Law of inheritance which allots a number or fractional parts of unity to
various heirs, it may happen that the fractions when added together may
sometimes be 1) equal to unity, 2) more than unity, 3) less than unity. When the
sum of fractions is equal to unity, there is no problem. But if it is more or
less than unity, the shares of respective heirs are reduced or increased
respectively. For this the fragments of property is increased or decreased. The
process whereby the shares are reduced (by increase of fragments of property) is
called the doctrine of increase (Aul); and the process whereby the shares are
increased (by decrease of fragments of property) is called the doctrine of
return (Radd).
Doctrine of Aul(Increase)
In Islamic Inheritance Law, if it is found on assigning
their respective shares to the Sharers that the total of shares exceeds unity,
the share of each Sharer is proportionately diminished by reducing the
fractional shares to a common denominator, and increasing the denominator so as
to make it equal to the sum of the numerators. Means if the prescribed shares
of the heirs add upto more than 100% of the inheritance, so in such case, the
prescribed shares are reduced proportionally so that it's 100% of the
inheritance while the reduction is shared proportionally according to the
shares. According to Mulla-
"Increase (aul)- If it be found on assigning their respective
shares to the sharers that the total of the shares exceeds Unity the shares of
each shares is proprotionately diminished by reducing the fractional shares to
a common denominator and increasing the denominator so as to make it equal to
the sum of the numerator."
For example, a deceased person (female) left a husband,
mother and daughters. The husband's prescribed share is a quarter (1/4) of the
inheritance because the wife (deceased) has left offspring (daughters). The
mother's share is a sixth (1/6) because of the daughters also. Finally, the
daughters take two-thirds (2/3) of the inheritance. Now if we add up the
prescribed shares: 3/12 + 2/12 + 8/12, we have 13/12 which is 108% of the
inheritance. So to correct the percentage to be 100% we put reduction to all
the fractions in proportion to their shares. So the husband instead of taking
3/12 equivalent to 1/4, he will take 3/13 which is slightly less than a
quarter. Likewise the mother instead of taking 2/12 equivalent to 1/6, she will
be reduced to 2/13, a slight reduction from 1/6. Finally the daughters will
instead of 8/12 be taking 8/13 which is less than their 2/3 share. Notice how
the reduction entered all of the shares in proportion to their original shares.
This new correction makes the shares 100% of the inheritance.
We can consider that the value of the property is 166
then according to prescribed shares everyone get-
Husband 3/12 * 166 = 39
Mother 2/12 * 166 = 26
Daughters 8/12 * 166 = 104
Total
= 169
In the above case the numerator ‘13’ is greater than
denominator ‘12’ that’s why the total goes to 169 instead 166.
Now we increase the denominator to ‘13’so as to make it
equal to the sum of the numerators i.e. ‘13’
Husband 3/13 * 166 = 36
Mother 2/13 * 166 = 24
Daughters 8/13 * 166 = 96
Total = 166
In the above case the numerator ‘13’ and denominator ‘13’
are same that’s why the total goes to 166. The prescribed share of every Sharer
reduced proportionally so that it's 100% of the inheritance.
ShiaLaw- Under Shia Law the excess share directly deducted from the share
of daughter or full sister. In the above case if the deceased is governed by
Shia Law than the shares are as follows-
Husband 3/12
Mother 2/12
Daughters 7/12 not 8/12
Total
= 12/12
In the above case the numerator ‘13’ is greater than
denominator ‘12’ that’s why according to Shia Law excess share is directly
deducted from daughters share only.
Doctrine of Radd(Return)
In Islamic Inheritance Law, if a residue
left after satisfying the claims of sharers, but there is no Residuary, the
residue reverts to the Sharers in proportion to their shares. This right to
reverter is technically called ‘Return’ or ‘Radd’. In this case the denominator
is reduced so as to make it equal to the sum of the numerators. So we can see that Radd, is the
opposite of aul, meaning that the prescribed shares of the heirs add up to less
than 100% of the inheritance, so in such case, the prescribed shares are
increased proportionally so that it's 100% of the inheritance while the
increase is shared proportionally according to the shares.
For example, a deceased person left a
mother and daughter only. The mother's prescribed share is a sixth (1/6)
because the deceased left offspring (daughter). The daughter takes half because
she's only one and no brother or cousin is with her. So when we add up the
prescribed shares: 1/6 + 3/6, we have 4/6 which is only 66.66% (2/3) of the
inheritance. So now we have to give the remaining 33.33% back to the mother and
daughter because they are the only inheritors alive. Since the mother and
daughter take 4 shares and divide between themselves in a ratio 1:3, which will
give the mother a quarter (1/4) and daughter three-quarters (3/4). Notice the
shares increased proportionally. The mother instead of taking 1/6 will now take
1/4. The daughter instead of taking half (1/2) will now take three-quarters
(3/4). Now if we add up shares: 1/4 + 3/4, we have 100% of the inheritance.
We can consider that the value of the property is 60 then
according to prescribed shares everyone get-
1/6
* 60 = 10
3/6
* 60 = 30
Total
= 40
In the above case the numerator ‘4’ is less than
denominator ‘6’ that’s why the total goes to 40 instead 60.
Now we decrease the denominator to ‘4’so as to make it
equal to the sum of the numerators i.e. ‘4’
1/4
* 60 = 15
3/4
* 60 = 45
Total = 60
In the above case the numerator ‘4’ and denominator ‘4’
are same that’s why the total goes to 60. The prescribed share of every Sharer
increased proportionally so that it's 100% of the inheritance.
ShiaLaw- Under the Shia Law, besides husband or widow, in some exceptional
cases, the mother and uterine brother and sister also do not participate in
return.
Dr
Nupur Goel
Assistant
Professor
Shri
ji institute of legal vocational education and research
(
SILVER law collage )
Barkapur
Bareilly
Email
– nupuradv@gmail.com
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