PRINCIPLES OF EQUITY IN ISLAMIC INHERITANCE: THE DOCTRINES OF AUL AND RADD

AUTHOR – KUMARAPPAN M, DEPARTMENT OF LAW,SASTRA UNIVERSITY,THANJAVUR,TAMILNADU,INDIA

Best Citation – KUMARAPPAN M, PRINCIPLES OF EQUITY IN ISLAMIC INHERITANCE: THE DOCTRINES OF AUL AND RADD, Indian Journal of Legal Review (IJLR), 4 (1) of 2024, Pg. 1-7, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

        Islamic inheritance law is guided by principles aimed at achieving fairness and equity among heirs. Central to this legal framework are the doctrines of Aul and Radd, which address scenarios where the distribution of assets deviates from equity. The Doctrine of Aul is applied when the total sum of allotted shares exceeds unity, necessitating a redistribution to ensure proportional division among heirs. Conversely, the Doctrine of Radd comes into play when the total allotted shares are less than 1, resulting in the return of residue to the sharers in accordance with their entitlements. Understanding these doctrines is essential for upholding justice and fairness in the distribution of estates according to Islamic law.

Keywords: Islamic inheritance law, Doctrine of Aul, Doctrine of Radd, equity, redistribution, residue, heirs.