Differences and comparison Between Shia & Sunni Law ?

(1) Differences Between Shia & Sunni Law Of Inheritance (With Examples)

(2) Comparison Between Sunni & Shia Laws


Followings are main differences between Shia and Sunni law of inheritance:

(i) Kinds of heirs

(ii) Distant kindred

(iii) Killer of a person

(iv) Paternal & maternal relatives

(v) Distribution of inheritance

(vi) Examples of distribution of inheritance

 

(i) Kinds Of Heirs

In Sunni law of inheritance, heirs are classified into sharers, residuary and distant kindred. Contrary to this, heirs are classified into heirs by consanguinity (blood relations) and heirs by marriage (husband & wife) according to Shia law of inheritance.

(ii) Distant Kindred

According to Sunni law of inheritance, distant kindred comes after sharers and residuary. On the other hand, there is no concept of distant kindred in Shia law of inheritance.

(iii) Killer Of A Person

In Sunni law of inheritance, a person is not entitled to inheritance of another person when he/she intentionally or accidentally causes death of this another person or causes death of this another person due to negligence or mistake. Contrary to this, Shi law of inheritance suggest that such person is not entitled to inheritance of killed person when he causes intentional death.

(iv) Paternal & Maternal Relatives

In Sunni law of inheritance, parental relatives are preferred while nearer relatives are preferred, whether they are paternal or maternal in Shia law of inheritance.

(v) Distribution Of Inheritance

According to Sunni law of inheritance, inheritance is first distributed to sharers and residuary and then to distant kindred while all kinds of heirs get shares in inheritance with one another according to Shia law of inheritance.

(vi) Examples Of Distribution Of inheritance:

Followings are examples of distribution of inheritance:

(a) According to Sunni law

(b) According to Shia law

 

(a) According To Sunni Law

If a Sunni man dies and leaves behind himself a mother, a son and a son’s daughter, his mother will be sharer and will take her share 1/6 of his inheritance, his son will be residuary and will take his residue 5/6 of his inheritance, but his son’s daughter will be distant kindred and will not take any share from his inheritance.

(b) According To Shia Law

If a Shia man dies and leaves behind himself a father, a mother, a daughter, a sons’s son, a brother and a paternal uncle, his father, mother, daughter and son’s son will be heirs by first class of consanguinity (blood relations), his brother will by heir by second class of consanguinity, and his paternal uncle will be heir by third class of consanguinity. Therefore, his inheritance will be distributed among his father, mother, daughter and son’s son while his brother and paternal uncle will not be entitled to his inheritance.

(2) Comparison Between Sunni & Shia Laws

la Realtion To Guardianship In relation to guardianship, following comparison can be made between Sunni and Shia laws:

(i) Natural guardian

(ii) Testamentary guardian

(iii) Guardian of person

(iv) Guardian of marriage

(v) Status of marriage

(vi) Age of puberty

(i) Natural Guardian

According to both Sunni and Shia laws, father is considered natural guardian of minor or lunatic legitimate child. However, there also exist following differences between these two laws:

(a) Sunni law

(b) Shia law

(a) Sunni Law

According to Sunni law, father’s executor is guardian of person and property of minor or lunatic legitimate child in absence of father.

(b) Shia Law

According to Shia law, grandfather is guardian of person and property of minor or lunatic legitimate child in absence of father even though father has appointed executor. Father’s executor becomes guardian only in absence of grandfather.

(ii) Testamentary Guardian

Here following points are important:

(a) Father’s power

(b) Grand father’s power

(c) Mother’s power

 

 (a) Father’s Power

In Sunni law, father possesses power to appoint testamentary guardian while father can appoint testamentary guardian in absence of granther father according to Shia law.

(b) Grand Father’s Power

In Sunni law, grandfather has power to appoint testamentary guardian in absence of father and father’s executor. Even grandfather can also appoint testamentary guardian according to Shia law.

(c) Mother’s Power

According to both Sunni and Shia laws, mother can appoint testamentary guardian only for property of her minor or lunatic child and for her property, which will be inherited by her children on her death.

(iii) Guardian Of Person

Here following points are important:

(a) Sunni law

(b) Shia law

 

(a) Sunni Law

According to Sunni law, mother is entitled to custody of son till age of seven years while she is entitled to custody of daughter till her puberty.

(b) Shia Law

According to Shia law, mother is entitled to custody of son till age of two years where as she is entitled to custody of daughter till age of seven years.

(iv) Guardian Of Marriage

In Sunni law, father and grandfather along with other relatives can be guardian for mirrage of minor child. Contrary to this, only father and grandfather can be guardian for marriage of minor child according to Shia law.

(v) Status Of Marriage

According to Sunni law, if father or grandfather or other relatives solemnize marriage of minor child, such marriage can be annulled. On the other hand, such marriage remains ineffective till its verification according to Shia law.

(vi) Age Of Puberty

According to Sunni law, age of puberty is fifteen years for both boy and girl. But age of puberty is fifteen years for boy and it is nine years for girl according to Shia law.

 

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