Family Law Project--- Synopsis

Family Law Project--- Synopsis

Inheritance under Hanafi Law

A Brief Introduction: The Hanafi School (also called Kufa School)
was founded by Abu Hanifa in the 8th century AD.
In India, a
sizeable population of Sunni Muslims is that of Hanafis and hence

Sunni Law is also referred to as Hanafi Law. Sunni Law, as the name
has it has a unique set of rules for its inheritance. The inheritance
procedure and other rules under Sunni Law are quite different from
Shia Law.
The Sunnis kept the old framework intact such as
preference to agnates over cognates and superimposed the Quranic

principles on this old set-up. Under Sunni Law, the heirs are divided
into two broad categories: 1. Related Heirs 2. Unrelated Heirs. The
former are further sub-divided into three groups, viz. sharers,
residuaries and distant kindred that comprise only blood relatives
with the exception of surviving spouse of the deceased. The latter
comprises three heirs viz. successor by contract, acknowledged
kinsmen and universal legatee, the first gets the property under the
contract, the second is a person of unknown descent but the
deceased makes acknowledgement of kinship in his favour, through
any other person while the last is the recipient of the whole property
of the deceased by a Will.A few broad examples of the share of
properties under Sunni Law are given below:
a) Father....................1/6(as sharer,because there are daughters)
Father's father........(excluded by father)
Mother.............1/6(because there are daughters)
Mother's mother....(excluded by mother)
Two daughters...2/3
Son's daughter.....(excluded by daughter)
b) Husband....1/2
Father......1/2(as rediduary)
c) Four widows ........1/4(each taking 1/16)
Father..........3/4(as residuary)
d) Mother ....1/3
Father.........2/3( as residuary)
e) Mother..........1/6 (because there are two sister)
Two sisters........ (excluded by father)
Father............5/6( as residuary)
Significance of Study: This research study focuses on the
inheritance aspects specifically only to Sunni Law. It fervently extols
the inheritance principles and the practical problems as well as the
loopholes in its application of succession.
The study also
recommends certain suggestions needed to be incorporated in Sunni

Law for equal distribution of shares among all the persons.
Objectives of Study: The study has the following objectives:
1. Understanding the length and breadth of Sunni Law;
2. Examining the various provisos of inheritance and succession
laws of Sunni Law;
3. Identifying and highlighting all the defects in Sunni Law with
regard to Succession;
4. Suggesting pragmatic solutions for amendments in Sunni Law.
Research Questions: 1. Whether Sunni Law confers equal status
of inheritance rights eve to childless widows and other such allied
persons? Why is no property rights not conferred on them at least
for their own sustenance?
2. What are the other inherent defects and loopholes in Sunni Law
which can be buried according to the true dictates of Islam and
Quran?
Hypotheses: 1. Sunni Law as of now is a bit sophisticated, well-knit
and organized within its ambit. Certain rights not conferred to some
people deny them the very right of existence which needs to be
looked upon.
2. If sons take more share of the property, it is to be understood that
there is a visible discrimination over the daughters and an equal
status quo has to be attained as one of the loophole in this regard.
Research Methodology: The methodology adopted is purely
doctrinal in nature. Standard texts and authentic sources have been
chiefly relied upon during the course of this research study.
Standardized form of footnotes has been given wherever needed to
acknowledge the source.
Review of Literature: The study is basically descriptive, analytical
and investigative oriented approach. Books such as Lexis Nexis on
Family Law, Mulla on Muslim Law, Qureshi on Muslim Laws of
Inheritance, etc. and monthly and periodical journals and articles
have been widely referred to.
Latest judgments and Islamic
pronouncements on Sunni Law have been taken into account for

vividly depicting the theoretical applications in practice.
Legal
databases such as Manupatra, SSC, etc. have also been referred.
Alexander I, Sec. A, Roll No. 06

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Family Law Project--- Synopsis

Inheritance under Hanafi Law

sizeable population of Sunni Muslims is that of Hanafis and hence

The Sunnis kept the old framework intact such as

preference to agnates over cognates and superimposed the Quranic

The study also

recommends certain suggestions needed to be incorporated in Sunni

Latest judgments and Islamic

pronouncements on Sunni Law have been taken into account for

databases such as Manupatra, SSC, etc. have also been referred.

Alexander I, Sec. A, Roll No. 06

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