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Old Saturday, December 07, 2013
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Shia law divides legal heirs into three basic classes.6 These classes thereafter
determine distribution of an estate among legal heirs and how to give preference to
one legal heir over another. Appropriate appreciation of these classes helps one to
understand Shia law of inheritance as details of the system in one manner or another
are linked to it. These classes are the following:Class 1:
(i) Parents, and
(ii) Children (male and female). The children also include their descendants
how low so ever irrespective of the fact whether they are descendants
of male or female children.
Class 2:
(i) Grandparents (true or false) how high so ever, and
(ii) Brothers and sisters (full, consanguine, and uterine) and their descendants
how low so ever irrespective of their gender.
Class 3:
(i) Paternal uncles and aunts,
(ii) Maternal uncles and aunts, and
(iii) Their children how low so ever irrespective of their gender.
Once the heirs are divided into the above classes, there are two basic rules which
need to be understood.7
Firstly, as long as an heir (or more than one) is present from the class 1, no one
will be entitled to inheritance from the class 2: similarly, if there is an heir (or more
than one) from the class 2, no will have anything from the class 3.

The Sunni law recognises three classes of heirs:

(1) Ashabul faraiz --The sharers whose shares or proportions have been fixed in the Quran. They take their specific portions and the residue is then divided among the Agnates.

(2) The Asabah or Agnates, also called by English writers as Residuaries.

(3) Dhauil-arham or Cognates or Uterine Relations. They are also called Distant kindred i.e. relations who do not fall in the category of sharers or Agnates.

The Sharers

The sharers or Ashabul-faraiz are altogether twelve in number - four males and eight females.

The four males are: (1) the father, (2) the grandfather or lineal male ascendant (when not excluded), (3) the uterine brothers, and (4) the husband.

The females are: [the] (1) wife, (2) daughter, (3) son's daughter or the daughter of a lineal male descendant howsoever low, (4) mother, (5) true grandmother, (6) full sister, (7) consanguine sister i.e. half sister on the father's side, and (8) uterine sister i.e. half-sisters on the mother's side.

2 Residuary
3 distant kindreds
first right is of sharers then residories then distant kindreds

other details r in mulla's book
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