Al-Radd (Shares Redistribution or Return of Residue) : Part 2

Bismillāhi Raḥmāni Raḥīm 

Date:   2nd Dhul-Qahdah, 1441 A H / 24th June, 2020

Subject:   Al-Farā’id (The Islamic Law of Inheritance) 

Lesson:   68

Topic: Al-Radd (Shares Redistribution or Return of Residue): Part 2

In our last class, we enunciated that Al-Radd implies a situation where the fixed shares given to the heirs did not exhaust the whole estate of the deceased; and invariably, the residue needs to be redistributed among Qur’ānic heirs in the absence of agnatic heirs (al-‘Asabāh)

Today, Inshā’ Allāh, we are looking at some juridical clarifications about Al-Radd application. These are:

i.  There are proponents and opponents of al-Radd doctrines among the Jurists. The proponents argued on the basis of Q33:6 that the blood relatives have a greater right to inheritance than any stranger or the community. They include the scholars of Ḥanafī and Ḥanbalī Schools. On the other hand, the opponents of the doctrine suggested that any residue that would amount to al-Radd must be returned to public treasury .They argued that  al-Radd is tantamount  to increase in the shares prescribed and fixed by the Qur’ān and  by so doing we are exceeding the laws of Allāh.  The supporters of this School of thought include Ẓayd bn Thābit, Imām Mālik and Imām Shafi‘ī.

ii.  Some Jurists believed that all the Qur’anic heirs are entitled to benefit from al-Radd while other exclude the surviving spouse (husband or wife) and favoured the remittance of the residue to the public treasury (Bayt al-Māl) instead of the spouses. They argued that the spouses are not blood relatives and they could not have been covered under the treatment of Q33:6.   However, some scholars believed that al-Radd is permissible between husband and wife (If one of them died). 

iii.  Lastly, under classical Islamic law, some scholars believed that the sharers or heirs that are entitled to al-Radd are the mother, real grandmother, daughter, granddaughter, real sister, consanguine sister and uterine brother or sister.

Inshā’ Allāh, the lesson continue in the next class.

Jazākumullāhu Khayran for reading today’s lesson.  

Yours in Islām  

©Busari Muhammad Jamiu (Abū  ‘Ᾱisha)

The Platform Instructor (+2348023670884)

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