Facts of the Case
A Muslim male dies leaving behind two wives, his mother, and three daughters. There are no sons or other male residuary heirs. The question arises as to how the deceased’s property should be distributed among his heirs according to Sunni Muslim law. The case involves identifying Quranic sharers, calculating their fixed shares, and determining whether any residue remains. This also requires understanding the principles of inheritance under Muslim law, particularly as codified in Mulla’s Principles of Mohammedan Law and recognized under the Muslim Personal Law (Shariat) Application Act, 1937.
Issues in the Case
- Who among the surviving relatives are Quranic sharers under Sunni Muslim law?
- What are the respective fixed shares of each heir?
- Does any residue remain after distributing the fixed shares, and if so, who is entitled to it?
- How to apply the principle of Radd (return) in the absence of residuary heirs?
3. Legal Principles Covered to Support Case Proceeding and Judgements
Under Sunni Muslim law, Quranic sharers receive fixed shares:
- Mother: 1/6 of the estate if the deceased leaves children (Surah An-Nisa 4:11).
- Wives: Jointly 1/8 of the estate if the deceased leaves children (Surah An-Nisa 4:12). The share is divided equally among them.
- Daughters: Two or more daughters together receive 2/3 of the estate if no sons exist.
Calculation Example:
- Estate = 24 parts (for easy calculation)
- Mother = 1/6 = 4/24
- Wives = 1/8 = 3/24 (each wife = 1.5/24)
- Daughters = 2/3 = 16/24
Total = 4 + 3 + 16 = 23/24
- Remaining 1/24 is distributed among daughters by Radd, as there are no residuary heirs.
Indian courts recognize this distribution under Muslim Personal Law (Shariat) Application Act, 1937, and classical precedents such as Mohd. Yusuf v. Abdul Rahim (AIR 1936 Bom 110) confirm that Quranic shares must be strictly followed.
Possible Judgement
The court would decree:
- Mother: 1/6 of the estate (4/24)
- Two wives (jointly): 1/8 of the estate (3/24; 1.5/24 each)
- Three daughters (jointly): 2/3 of the estate plus the remainder (16 + 1 = 17/24; each daughter ≈ 5.67/24)
Key Principle: The estate is distributed strictly according to the Quranic shares, with any remaining portion (Radd) returned to the daughters, since there are no residuary heirs.
Mnemonic to Remember – “M-W-D-R”
- M – Mother gets 1/6
- W – Wives share 1/8 jointly
- D – Daughters get 2/3
- R – Radd applies to return residue to daughters
Hence, under Sunni Muslim law, the estate is fully divided among mother, wives, and daughters according to fixed Quranic shares with Radd applied to daughters.
About lawgnan:
Understand the distribution of property under Sunni Muslim Law in detail with Lawgnan.in. Learn how the Quranic sharers—mother, wives, and daughters—receive fixed shares according to Surah An-Nisa and the Muslim Personal Law (Shariat) Application Act, 1937. Explore practical examples, legal references, and judgments like Mohd. Yusuf v. Abdul Rahim (AIR 1936 Bom 110), which emphasize strict adherence to Islamic inheritance principles. Lawgnan provides a clear breakdown of shares, Radd application, and key rules under Mulla’s Principles of Mohammedan Law, helping law students and professionals master Muslim inheritance law.
