Distant Kindred In Islamic Inheritance Law Legal Provisions, Jurisprudential Differences, And Modern Adaptations
- IJLLR Journal
- Feb 27
- 2 min read
Supreem Srivastava, GLS Law College
ABSTRACT
Muslim inheritance law is a well-defined legal framework that ensures the fair distribution of a deceased person's estate based on principles derived from the Quran, Hadith, Ijma (consensus), and Qiyas (analogical reasoning). While priority is given to immediate heirs such as spouses, children, and parents, the law also accounts for distant kindred (Dhawu’l Arham) in the absence of primary heirs. This study explores the provisions governing distant kindred in Muslim inheritance law, analyzing their legal standing across different schools of thought, including Sunni and Shia interpretations.
The research highlights the classification of distant kindred, their hierarchical position in inheritance distribution, and the doctrinal principles applied when no Sharers or Residuaries exist. The study finds significant variations in the treatment of distant kindred between the Hanafi, Maliki, Shafi’i, and Hanbali schools of Sunni jurisprudence, as well as in Shia law, which generally excludes them from inheritance. Furthermore, the role of Bait-ul-Mal (Islamic treasury) in inheritance law is examined, particularly in legal traditions where state intervention supersedes the rights of distant kindred.
A comparative analysis with modern legal systems, including common law and civil law jurisdictions, is conducted to understand how inheritance laws in non-Islamic contexts treat distant relatives. The study also explores how Muslim inheritance law has been adapted in contemporary legal systems, particularly in countries that integrate Islamic principles into their national legal frameworks.
The findings emphasize the balance that Islamic inheritance law seeks to maintain between familial wealth preservation and broader societal welfare. While differences exist across various legal schools, the overarching principle remains the equitable distribution of wealth within the family. This research contributes to the broader discourse on inheritance law, highlighting the complexities of distant kindred succession and its implications for legal reforms in modern societies.
