Law:

Section:

(a) Islamic law--- ----Inheritance---Sunni fiqha---Order of succession---Sharers---Residuaries---Classes of residuaries---Conversion of sharers into residuaries---Principles. Order of succession has been divided into three categories i.e. Zav-ul-Furuz, the Asabah and Zav-ul-Arham. First category is that of the sharers who are entitled to receive a fixed share in the prescribed order of preference and mode of succession, while second category i.e. Asabah are known as residuaries and they are those relatives who inherit what remains of the legacy/estate after shares of the sharers have been distributed; when there are no sharers, then the residuaries take the entire inheritance. In the absence of the residuaries, the residue after distribution of shares amongst the entitled sharers, again devolves upon the latter (sharers) in accordance with their prescribed shares. Third category of Zav-ul-Arham is that of distant kindred who are neither sharers nor residuaries of the deceased. Basis of inheritance is through Sabab i.e. marriage, for example husband and wife, Nasab and Wala. There are twelve sharers i.e. husband or wife as the case may be, father, mother, true grandfather, true grandmother, uterine brother, daughter, son's daughter, full/real sister, consanguine sister and uterine sister. Out of these sharers eight are expressly mentioned in the Holy Quran. Sharers who are converted into residuaries are father, true grandfather, mother, daughter, son's daughter, full sister and consanguine sister. General rules which determine the conversion of sharers into residuaries are, firstly, that a female sharer is excluded from inheriting as a sharer and is converted into a residuary by one or more male residuaries of the same degree and consanguine relationship to the deceased and secondly, that the father and true grandfather are converted into residuaries in default of any descendants of the class of sharers or residuaries; they inherit as residuaries in the absence of children. Some relationships, which are sharers under prescribed circumstances, may also become entitled to inherit as residuaries. Full or real sister inherits as a sharer in the absence of a full…

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