Islamic jurisprudence does not recognize a right of inheritance by birth; inheritance only opens upon the death of the ancestor. There is zero distinction between ancestral and self-acquired property.
1. Fundamental Principles
- Exclusions: A child in the womb has inheritance rights if born alive. Non-Muslims are excluded from inheriting from a Muslim ancestor under classical law (though protected by the Caste Disabilities Removal Act, 1850 in India).
- Doctrine of Representation: Sunni law does not recognize the doctrine of representation (e.g., if a son dies during the father's lifetime, the son's children do not inherit from the grandfather if other living sons exist). Shia law recognizes a limited form of representation.
2. Sunni (Hanafi) vs. Shia Inheritance Systems
| Sunni (Hanafi) System | Shia System |
|---|---|
| Classifies heirs into: Sharers (fixed Quranic shares), Residuaries (take the remaining estate), and Distant Kindred (relations through female links). | Rejects "Distant Kindred." Classifies heirs based on Consanguinity (blood relations divided into 3 classes) and Affinity (marriage/spouses). |
| Sharers cannot take more than their fixed share if residuaries exist. | Heirs of Class I completely exclude Class II, and Class II excludes Class III, regardless of links. |