While both Sunni and Shia Muslims follow Islamic principles of inheritance, there are some differences in the interpretation and application of these laws between the two sects. Here are some key distinctions:
Source of Authority: Sunni Muslims primarily follow the Hanafi, Maliki, Shafi'i, or Hanbali schools of Islamic jurisprudence, each with its own interpretation of Islamic law, including inheritance. Shia Muslims, on the other hand, follow the Ja'fari school of jurisprudence, which has its own set of rules regarding inheritance.
Treatment of Residue: In Sunni law, if the deceased leaves behind no eligible heirs, the residue of the estate may go to distant relatives or others as determined by the applicable legal principles. In contrast, Shia law often gives priority to the state or religious authorities in distributing the residue, particularly if there are no eligible heirs.
Treatment of Non-Muslim Heirs: Sunni law generally excludes non-Muslims from inheriting from Muslim estates. In Shia law, however, non-Muslim heirs may be entitled to inherit in certain circumstances, especially if they are close relatives like spouses or parents.
Treatment of Adopted Children: Sunni law typically does not recognize adopted children as legal heirs for inheritance purposes. In Shia law, however, adopted children may be treated similarly to biological children in some cases, depending on the specific circumstances and the school of thought within Shia jurisprudence.
Treatment of Women: Both Sunni and Shia law generally grant women inheritance rights, although there may be differences in the specific shares allocated to women compared to men. In some Shia interpretations, women may have more rights to inherit compared to Sunni law.
Testamentary Bequests: Both Sunni and Shia law allow individuals to make testamentary bequests (wasiyyah) of up to one-third of their estate to beneficiaries who are not entitled to a share under the prescribed rules. However, there may be differences in the interpretation and application of these provisions between the two sects.
Treatment of Residue: In Sunni law, if the deceased leaves behind no eligible heirs, the residue of the estate may go to distant relatives or others as determined by the applicable legal principles. In contrast, Shia law often gives priority to the state or religious authorities in distributing the residue, particularly if there are no eligible heirs.
Treatment of Non-Muslim Heirs: Sunni law generally excludes non-Muslims from inheriting from Muslim estates. In Shia law, however, non-Muslim heirs may be entitled to inherit in certain circumstances, especially if they are close relatives like spouses or parents.
Treatment of Adopted Children: Sunni law typically does not recognize adopted children as legal heirs for inheritance purposes. In Shia law, however, adopted children may be treated similarly to biological children in some cases, depending on the specific circumstances and the school of thought within Shia jurisprudence.
Treatment of Women: Both Sunni and Shia law generally grant women inheritance rights, although there may be differences in the specific shares allocated to women compared to men. In some Shia interpretations, women may have more rights to inherit compared to Sunni law.
Testamentary Bequests: Both Sunni and Shia law allow individuals to make testamentary bequests (wasiyyah) of up to one-third of their estate to beneficiaries who are not entitled to a share under the prescribed rules. However, there may be differences in the interpretation and application of these provisions between the two sects.
Overall, while Sunni and Shia Muslims both adhere to Islamic principles of inheritance, there are differences in the specific rules and interpretations followed by each sect, reflecting the diversity within Islamic jurisprudence.