AUL AND RADD IN CONTEMPORARY MUDLIM INHERITANCE LAW: A COMPARITIVE ANALYSIS OF INDIA, PAKISTAN, EGYPT AND INDONESIA

Registration ID: IJNRD_325547

Published ID: IJNRD2605609

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ANGELA JAMES PAUL, SHAHANA SERMA C.M

Islamic Inheritance Law, Doctrine of Aul, Doctrine of Radd, Muslim Personal Law, Qur’anic Heirs, Fixed Shares, Residuary Heirs, Succession, Comparative Study, India, Pakistan, Egypt, Indonesia, Islamic Jurisprudence, Estate Distribution, Classical Islamic Law, Codification, Legal Interpretation.

Inheritance law in Islam is frequently considered the most exact and mathematically rigorous sector of Islamic law. It gives a detailed structure for the apportionment of the estate of a deceased individual amongst specified heirs using prescribed Qur’anic proportions. In practice Yet practice sometimes diverged from the letter of the law. Sometimes the shares of heirs prescribed by the law exceeded the estate, and sometimes some part of the estate went undistributed on the death of the testator. Islamic legal scholars of the Classical period devised the Aul and Radd doctrines to deal with precisely such situations. Both these principles are still applicable in current Muslim inheritance law. Aul doctrine may be invoked when the aggregate of fixed shares is over the estate, and a proportional reduction of the shares of all heirs who are entitled becomes necessary. Whereas the doctrine of Radd applies where a residue remains after fixed shares are distributed among the heirs, and there is no residuary heir, so that the surplus is distributed among the residual heirs. While these doctrines of Radd and Aul are derived from similar principles of traditional Islamic law, their application has not been uniform in practice. This article aims to compare the doctrines of Aul and Radd in the four jurisdictions of India Pakistan Egypt and Indonesia, illustrating the way in which each jurisdiction has interpreted and practiced these doctrines. Despite sharing a common basis in the basic rules of Islamic inheritance, they have all, to differing degrees, incorporated the doctrines of Aul and Radd into the justice system in their own particular manner, through codification and the development of different interpretation. Some jurisdictions stay more closely to doctrinal principle while other jurisdictions have legislated for the doctrines of Radd and Aul to be practiced in a more modern manner. Drawing from these four jurisdictions, the article considers how classical Islamic principles of inheritance are continually developed in different legal systems, even while applying to the same problem how to balance specified doctrinal shares against actual devolution.

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ANGELA JAMES PAUL & SHAHANA SERMA C.M (May-2026). AUL AND RADD IN CONTEMPORARY MUDLIM INHERITANCE LAW: A COMPARITIVE ANALYSIS OF INDIA, PAKISTAN, EGYPT AND INDONESIA. INTERNATIONAL JOURNAL OF NOVEL RESEARCH AND DEVELOPMENT, 11(5), f897-f906. https://ijnrd.org/papers/IJNRD2605609.pdf

Volume 11 Issue 5, May-2026

Pages : f897-f906

Paper Reg. ID: IJNRD_325547

Published Paper Id: IJNRD2605609

Research Area: Other area not in list

Author Type: Indian Author

Country: THANJAVUR, TAMIL NADU, India

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