Shia and Sunni Laws of Inheritance: A Comparative Analysis

Abstract

Sunni and Shia laws of inheritance are different in their foundational structure as well as detailed implications, though the both are inspired from the Quranic verses of inheritance. Owing to the fact that Sunnis are in majority in Pakistan, their law of inheritance is relatively well appreciated by lawyers and students of law, while Shia law of inheritance does not have such an advantage. The paper aims to present in a simplified manner the salient features of Shia law of inheritance so that the same may become comprehensible to anyone who is new to this field but interested to develop his skills further. The paper does not explain Sunni law of inheritance in detail and assumes that the reader would be conversant with it. While explaining the salient features of Shia law, it compares them with corresponding features of Sunni law. The paper illustrates how these features are instrumental in conferring different shares to legal heirs in Shia and Sunni schemes of inheritance. There is also an elaboration of the space which is shared by the both legally different traditions of inheritance in Islam.

Keywords: Inheritance; Shia Law; Sunni Law; Islamic Law; Pakistan; Legal Heirs; Islamic Legal Tratdition