1. PRELIMINARY NOTE:

When the entire estate of a Shia Muslim is not exhausted by the rightful heirs and a portion remains, the doctrine of Radd (return) is applied. This principle is more frequently observed in Shia law due to its limited recognition of residuaries. In contrast, Sunni law provides an extensive list of residuaries, thereby reducing the instances requiring application of Radd.

2. WHAT IS THE DOCTRINE OF RETURN (RADD)?

Al-Radd (return) is the doctrine applied when, after distributing fixed shares to primary heirs (Quranic sharers), a residue remains and there are no secondary heirs (residuaries) to claim it. In such cases, the residue is returned to the eligible sharers.

Example:
A man dies leaving behind:

• Widow: entitled to 1/8 = Rs. 100,000

• Daughter: entitled to 1/2 = Rs. 400,000

• Total allocated = Rs. 500,000

• Total estate = Rs. 800,000

• Residue = Rs. 300,000

This remaining amount is distributed among the eligible primary heirs through Radd.

3. DIFFERENCE OF OPINION ON PRACTICING RADD:

• Hanafi and Hanbali schools: Accept and apply the doctrine of Radd.

• Imam Shafi’i and Imam Malik (following the opinion of Zaid bin Thabit): Do not apply Radd. Instead, any unclaimed residue is transferred to the Bait-ul-Maal (public treasury). However, modern Shafi’i jurists acknowledge Radd in the absence of a properly functioning Bait-ul-Maal.

4. WHO IS ELIGIBLE FOR RADD?

As stated in the Quran:
“Blood relatives are nearer to one another than other believers.” (Surah Al-Ahzab 33:6)

Hence, Radd should preferably be returned to blood relatives rather than being given to Bait-ul-Maal.

Eligible recipients typically include:

• Mother, true grandmother

• Daughter, son’s daughter

• Full sister, consanguine sister

• Uterine brother, uterine sister

Note: If the father is alive, he receives any residue by default, as he is a primary heir and also a residuary.

5. DISTRIBUTION OF SHARE UNDER RADD:

• Primary heirs receive their fixed shares.

• If there are no residuaries, the residue is returned to the primary heirs in proportion to their original share.

• Exception:
  The spouse is not considered a blood relative and thus does not benefit from Radd, except where there are no other relatives (including distant kindred) alive.

PRINCIPLE OF AUL (INCREASE):

This doctrine applies when the total sum of all fixed shares exceeds unity (1). In such cases, the shares of all heirs are proportionately reduced.

Method:

• Reduce shares to a common denominator.

• Increase the denominator to match the sum of numerators.

• Keep the numerators unchanged and divide accordingly.

Example:
A woman dies leaving:

• Husband: 1/2

• Mother: 1/6

• 3 Sisters: collectively 2/3

Total: 1/2 + 1/6 + 2/3 = 8/6 → this exceeds 1.

Hence, the doctrine of Aul applies to proportionately reduce shares from 8/6 back to a workable whole.

PRINCIPLE OF REPRESENTATION:

Under classical Islamic law, the principle of representation does not apply. If a person dies leaving:

• One son, and

• Two grandsons of a predeceased son,

The entire estate goes to the surviving son, and the grandsons get nothing.

1. SHIA LAW:

Shia jurisprudence accepts the principle of representation. It allows descendants of a deceased heir to inherit by substitution, both in ascending and descending lines. For example, grandchildren inherit if their parent (the deceased’s child) has already passed away.

2. SUNNI LAW:

Sunni law does not recognize the principle of representation. Only those alive at the time of the deceased's death are eligible to inherit. A grandchild cannot inherit in place of a predeceased son if another son is alive.

3. EXCEPTION: SECTION 4 OF THE MUSLIM FAMILY LAWS ORDINANCE, 1961:

This section was introduced to counteract the rigid exclusion under Sunni law. It provides:

“The right of inheritance to orphaned grandchildren (children of a predeceased son or daughter) from the property left by their grandparents.”

Note: The provision does not apply to spouses (e.g., a wife cannot inherit through this provision).

Case Law:
Allah Rakha v. Federation of Pakistan (PLD 2000 FSC 1)
This provision was challenged in the Federal Shariat Court as being repugnant to the Quran and Sunnah. An appeal is currently pending before the Supreme Court of Pakistan.

CONCLUSION:

The doctrines of Radd, Aul, and the principle of representation are critical tools within Islamic inheritance law that address gaps and complexities not covered by straightforward allocation of shares. Radd ensures that unclaimed portions of an estate revert to deserving heirs rather than being wasted or diverted to public funds. Aul addresses cases of oversubscription and allows equitable reduction of all shares. The principle of representation highlights the differences between Sunni and Shia interpretations—while Sunni law follows a strict succession based on surviving heirs, Shia law adopts a more inclusive approach. The intervention of Section 4 of the MFLO 1961 demonstrates the evolving nature of Pakistani inheritance law, striving to protect the rights of orphaned grandchildren, though not without legal controversy. Together, these doctrines reflect a balance between divine prescriptions, legal reasoning, and modern necessities in the Islamic legal framework