Muslim Law

Introduction

• The Doctrine of Aul and Radd are two essential concepts in Muslim Personal Law, specifically related to the distribution of inherited assets among legal heirs.
• These doctrines are aimed at ensuring an equitable distribution of the deceased's property while adhering to the principles and guidelines set forth in the Quran and the Sunnah.
• The application of the Doctrine of Aul and Radd requires meticulous calculation and adherence to Islamic jurisprudence.

What is the Doctrine of Aul?

• About:
  • The term Aul means increase.
  • The Doctrine of Aul addresses cases where the sum of allotted fractional shares exceeds one.
• Formula:
  • An arithmetic formula adapts all shares to a common denominator, replacing it with the sum of the new numerators.
  • For example, if the original shares were 1/2, 1/2, and 1/6, their common denominator is 6, making the shares 3/6, 3/6, and 1/6 respectively.
  • The new denominator becomes 7 (sum of new numerators), adjusting the shares to 3/7, 3/7, and 1/7.

What is the Doctrine of Radd?

• About:
  • The word Radd is described as reject.
  • The Doctrine of Radd applies when the total fractional shares of Class I heirs (closest kin) is less than one, and there are no Class II heirs to claim the residue.
• Formula:
  • The formula redistributes the remaining estate proportionately among Class I heirs.
  • If the original shares were 1/6, 1/6, and 1/2, the common denominator of 6 makes them 1/6, 1/6, and 3/6. The denominator is replaced by 5 (sum of new numerators), revising the shares to 1/5, 1/5, and 3/5.
  • Traditionally, spouses (though Class I heirs) were excluded from the Doctrine of Radd's benefit. If a wife was the sole surviving Class I heir, her fixed 1/4 share would be deducted, and the residue would go to Class III heirs.
  • However, this unjust rule has been abandoned in several Muslim countries, as it lacks basis in Islamic law.
  • There is a case for India to also discard this discriminatory provision, at least for widows.

What is a Landmark Case Illustrating the Doctrine of Aul and Radd?

• Sher Mohd v. Smt. Khadija (2012):
  • In this judgment before the Delhi District Court, it was mentioned that Doctrine of Aul and Radd is "an important exception" to the specified shares of the Sharers in Muslim law of inheritance.

Conclusion

In conclusion, the Doctrines of Aul and Radd are essential components of Muslim Personal Law, addressing the intricate interplay between religious affiliation and inheritance rights. These doctrines aim to uphold the principles of Islamic inheritance while providing a structure for addressing situations where an individual's status may impact their eligibility to inherit or receive a share in an estate. Aul and Radd are equitable mechanisms that adjust fractional inheritance shares to comprehensive wholes while upholding Islamic principles of distribution among eligible heirs.