Al-Radd ( Shares Redistribution or Return of Residue): Part 1

 Bismillāhi Raḥmāni Raḥīm 
Date:   25th Shawwal, 1441 A H / 17th June, 2020
Subject:   Al-Farā’id (The Islamic Law of Inheritance) 
Lesson:   67
Topic: Al-Radd (Shares Redistribution or Return of Residue): Part 1
In our last three classes, we discussed the doctrine of Al-‘Awl (Share Aggravation) and its effects on inheritance distribution. Today, Inshā’ Allāh, we are starting the lessons on Al-Radd doctrine which is an exact opposite of Al-‘Awl.
Al-Radd implies a situation where the fixed shares given to the heirs did not exhaust the whole estate of the deceased. It happens after which the fixed sharers had taken their legitimate shares but there is residue (remnant) and no residuary/agnate heirs (al-‘Asabāh) is available to inherit the residue. If such case arises, the estate will be returned and re-distributed among the Ashāb al- Furūd (fixed sharers) in the same proportion of their respective shares as enshrined in the Qur’ān.   
In legal term, Al-Radd denotes a mathematical process through which the excess portion of a sufficiently distributed estate are redistributed to the Qur’ānic heirs, with the exception of the spouse(s) and it can only occur in the absence of agnatic heirs (al-‘Asabāh- the residuary). An example of al-Radd case is of a deceased who exclusively leaves two daughters as the only heirs. They are jointly entitled to thuluthān (two-third) of the estate but there will be a residue of one-third (thuluth). With the absence of the residuary or agnates, the remnant estate (one-third) will be returned for re-distribution among the two daughters; hence, their shares will become half each to exhaust the whole estate.
Inshā’ Allāh, the class continues…..
Jazākumullāhu Khayran for reading today’s lesson.  
Yours in Islām  
©Busari Muhammad Jamiu (Abū  ‘Ᾱisha)
The Instructor (+2348023670884)
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