Facts of the Case
A Sunni Muslim male passes away leaving behind two wives, his mother, and three daughters as legal heirs. There are no male lineal descendants such as sons or grandsons, and no residuary heirs (like father or brother) surviving. The question arises as to how the deceased’s estate should be distributed among these heirs in accordance with Sunni Muslim Law of Inheritance, which is based on the Quranic injunctions and codified principles recognized under the Muslim Personal Law (Shariat) Application Act, 1937. The distribution involves identifying Quranic sharers (fixed-share heirs), determining their respective fractional shares, and applying the doctrine of residuaries and residue (asaba) if any portion of the estate remains undistributed.
Issues in the Case
- Who among the surviving relatives are Quranic sharers and who, if any, are residuaries under Sunni Law?
- What are the fixed shares of each heir according to the Quranic rules of inheritance?
- How is the estate to be divided proportionately among the mother, two wives, and three daughters?
- Does any portion of the estate remain after giving the prescribed shares, and if so, who inherits the residue?
These issues must be resolved in accordance with the Sunni Law of Succession, particularly the rules laid down in the Holy Quran (Surah An-Nisa, Verses 11 and 12) and classical authorities like Mulla’s Principles of Mohammedan Law.
Legal Principles Covered to Support Case Proceeding and Judgements
Under Sunni Muslim Law, the Quranic sharers are those relatives whose shares are specifically fixed in the Quran. In this case, the mother, wives, and daughters are all Quranic sharers. Their fractional shares are determined as follows:
- Mother: When the deceased leaves children, she takes 1/6th of the estate.
- Wives: If the deceased leaves children, the collective share of all wives is 1/8th, to be equally divided between them.
- Daughters: When there are two or more daughters and no sons, they jointly take 2/3rd of the estate.
These proportions are prescribed in Surah An-Nisa (4:11–12) and codified in Mulla’s Principles, Sections 65–75. After allocating these fixed shares, if the total equals the full estate (1), no residue remains for other heirs. If any residue does exist, it is distributed among residuaries (asaba), but in this case, there are none.
Possible Judgement
The estate distribution under Sunni Law of Inheritance will be as follows:
- Mother → 1/6 share
- Two Wives (jointly) → 1/8 share (to be divided equally: 1/16 each)
- Three Daughters (jointly) → 2/3 share
Now, converting into a common denominator (24 parts):
- Mother = 1/6 = 4/24
- Wives = 1/8 = 3/24 (Each wife gets 1.5/24 = 1/16)
- Daughters = 2/3 = 16/24
Total = 4 + 3 + 16 = 23/24.
The remaining 1/24 portion (residue) will go to the daughters under the rule of return (radd), since there are no residuaries (asaba).
Final Distribution:
- Mother: 4/24
- Each Wife: 1.5/24
- Each Daughter: (16 + 1) ÷ 3 = 17/3 ÷ 24 = 5.67/24 each (approx.)
Thus, the estate is fully distributed in accordance with the Sunni Muslim Law of Succession.
Mnemonic to Remember Answer – “M-W-D Rule”
- M – Mother → 1/6 share
- W – Wives (two) → Jointly 1/8
- D – Daughters (two or more) → 2/3 jointly
All are Quranic sharers; residue (if any) returns to daughters.
Hence, under Sunni Muslim Law, the estate will be divided giving 1/6 to mother, 1/8 to two wives jointly, and 2/3 (plus residue) to three daughters.
About lawgnan:
Understand the Sunni Muslim Law of Inheritance in depth with practical examples and accurate share calculations at Lawgnan.in. Explore how the estate of a deceased Muslim is divided among Quranic sharers like the mother, wives, and daughters according to the Quran (Surah An-Nisa 4:11–12) and Mulla’s Principles of Mohammedan Law. Learn how the doctrine of Radd (return) applies when no residuaries exist and master the method of calculating proportional shares. Lawgnan simplifies complex inheritance rules into clear, exam-ready explanations for law students and legal professionals seeking deep conceptual clarity.
