Discuss the position of residuaries (asabat) in Hanafi and Shia laws of Muslim inheritance.

Question: Discuss the position of residuaries (asabat) in Hanafi and Shia laws of Muslim inheritance. [UPJS 1987]

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Answer

"Residuaries" are those who take no prescribed share, but succeed to the "residue" after the claims of the sharers are satisfied. If there are no Sharers, or if there are Sharers, but there is a residue left after satisfying their claims, the whole inheritance or the residue, as the case may be, devolves upon Residuaries. The Residuaries or Agnatic heirs were the principal heirs before Islam; they continue to remain the principal heirs in Sunni law. Their premier position is, in Islam, always subject to the claims of near relations mentioned as the Koranic heirs. First, they are satisfied by giving them their Koranic shares. Residuaries are the relations whose rights were also recognized by tribal laws in Saudi Arabia before Islam.

If there are no Sharers, or if there are Sharers, but there is a residue left after satisfying their claims, the whole inheritance, or the residue as the case may be, devolves upon Residuaries in the order set forth.

I Descendants:

i. Son

ii. Son's son

II Ascendants:

i. Father.

ii. True Grandfather

III Descendants of father:

i. Full brother.

ii. Full sister.

iii. Consanguine brothers.

iv. Consanguine sister.

v. Full brothers son

vi. Consanguine brother's son

vii. Full brother's sons's son

viii. Consanguine brother's son's son

IV Descendants of true Grandfather

i. Full paternal uncle

ii. Consanguine Paternal Uncle

iii. Full paternal uncle's son

iv. Consanguine Paternal uncle's son

v. Full paternal uncle's son's son

vi. Consanguine paternal uncle's son's son

vii. Full paternal uncle's son's son

viii. Consanguine paternal uncle's son's son

ix. Consanguine paternal uncle's son's son

x. Male descendants or more remote true grandfathers

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