Explain the Doctrineof Aul and Doctrine of Radd.

Islamic law, or Sharia, is a comprehensive legal system that addresses various aspects of life. Among its many principles, the doctrines of Aul and Radd play crucial roles in resolving conflicts in inheritance cases. These doctrines help ensure fairness and justice when the distribution of an estate does not fit neatly into the prescribed shares. This article explores these two doctrines, their applications, and their significance in Islamic inheritance law.

What is the Doctrine of Aul?

The Doctrine of Aul comes into play when the total shares of heirs in an inheritance exceed the available estate. This situation is known as "awl", meaning "to cut" or "to reduce." When the sum of the fixed shares assigned to heirs is more than the estate itself, the shares must be proportionally reduced to fit the estate's value.

What is the Doctrine of Radd?

The Doctrine of Radd applies when the total fixed shares assigned to heirs are less than the estate. This means some part of the estate remains undistributed after allocating the fixed shares. The leftover portion is then returned or "radd" to the heirs in proportion to their existing shares.

Doctrine of ‘Increase” (Aul)
According to Muhammadan Law, the shares of various sharers are fixed. Where there are several sharers co-existing, it sometimes happens,that the totalof their respective shares exceeds unity. Thus, supposethat the deceasedleaves behind a husband and two full sister. Ordinarily, the husband will take 172, as thereis no child or child of a son how low soever,and the two sisters togetherwill take 2/3, as thereis no son. 1/2+273=7/6 which exceeds unity, and the property falls short in distri­ bution.How then Is the deceased’s property to be divided?

This difficulty is solved by increasing the common denominator to the sum of the numerators and thus reducing the fractions withoutdisturbing the proportion between them. Thus,in the illustration taken above, on reducingthe fractions to the commondenominator we get, 1/2=376 and 2/3=4/6. Thus, with the common denominator the shares are:-husband=3/6 and two sisters-4/6. [The-sumof the numerators is 7]. Now, increasethe common denominator to the sum of the numerators. On doing this, we get the shares as husband=3/7+two sisters=4/7=unity.
It should be noted that this doctrineis called “increase” not because the shares are increased, which is quite the opposite,the very objectof the doctrine being to diminish the shares, but because the unity is reached by increasing the denominator of the fractional shares.

Shortly stated, if it be found on assigning theirrespective shares to the sharers,that the sum total of the shares exceed unity,the share of each shareris proportionately diminished by reducing the fractional shares to a common denominator and increasing the denominator, so as to make it equal to the sum of the numerator. It should be noted that this doctrine, although it is called “in­ crease”, does not increasethe share, but on the contrary decreases it; but it is so called, becausethe unity is reached by increasing the denominator of the fractional shares.

Difference between Shia and Sunni Law of ‘IncreaseT - According to the Sunni Law, the doctrine impliesproportionate reduction of all the shares. Accordingto the Shia Law, on the other
hand, it implies the reduction of the shares of the daughter or daughters; or full o.r consanguine sister or sisters alone. Other heirsdo not suffer.

Doctrine of “Return” (Radd)
If, on assigning their shares to the sharers, it is found that the total of the shares does not exhaust the whole, the residue will go to the resuduaries. But if there be no residuaries, the residue will not go to distant kindred, but would be distributed among the sharers in proportion to their shares. This right of reverter is technically called “Return”.

Sunni Law - The residuaries take the surplusbetween them, after the sharersare satisfied. But instances may occur where there is surplus left but no residuaries to take it. Thus, supposeA dies leaving behind, his (a) mother and (b) a son’s daughter (both sharers and no residuaries). There shares respectively are 1/6 and 1/2, this, together makes2/3 of A’s property leaving1/3 of his property as surplus with no residuaryto take it. In such a case when the surplus revertsto the sharers in proportion to their shares;we get 1/4 and 3/4. These will be the shares of the two sharers. Thus, the Return(Radd) is the apportionment of the surplusamong the sharerswhen the sharersdo not exhaust the property and there are no residuaries.
There is one exception to the right of reverterof the sharers. The husband or. wife of the deceased is not entitled to share in the return, so long as there is any other heir.

Feature	Doctrine of Aul (Augmentation/Increase)	Doctrine of Radd (Return)
Problem Addressed	When the sum of the predetermined fractional shares (Sharers' shares) exceeds the unity (total estate).	When the sum of the predetermined fractional shares (Sharers' shares) falls short of the unity (total estate), and there are no Residuaries (or other superior heirs) to take the remainder.
The Result	The fractional shares of all affected Sharers are proportionately reduced.	The remaining surplus (residue) is proportionately returned (increased) to the eligible Sharers.
Effect on Shares	Causes a rateable decrease in the individual shares.	Causes a rateable increase in the individual shares.
Spouse's Share (Husband/Wife)	The share of the surviving spouse is subject to reduction under Aul.	The surviving spouse (Husband/Wife) is generally excluded from receiving the return (Radd) in the presence of any other sharer (though modern laws in some jurisdictions may vary this).
Technical Calculation	The common denominator is increased to equal the sum of the original numerators, effectively reducing each fraction.	The common denominator is decreased (or the numerators are used as the new denominator) to re-distribute the residue, effectively increasing each fraction.

Difference between ‘Increase’ and ‘Return’

The doctrine of “return” is the converseof the doctrine of “increase”. In “increase", the shares exceedthe unity and suffer a proportionate reduction. In “return”, the shares fall short of the unityand are proportionately increased. In return,husband and wife do not benefit if there is any other sharer or a distant kindred, but they are not saved from the operation of the doctrine of increase

1.In ‘increase’, the total of shares adds up to more than unity; whereas,in ‘return’ the total fallsshort of unity.

2. In ‘Increase’, the shares undergorateable reduction. In ‘Return’, the shares undergo a rate­able increase.

3.In ‘Increase’, the share of husband or wife suffersproportionate reduction along with othershares. In ‘Return’, the husband or wife is not entitled to the ‘Return’ so long as there is any other heir, whether sharer or distant kindred.

Summary

The doctrines of Aul and Radd are essential tools in Islamic inheritance law. Aul addresses situations where heirs’ shares exceed the estate by reducing shares proportionally. Radd deals with leftover estate portions by distributing them among heirs with fixed shares. Both doctrines ensure the estate is fairly and fully distributed, maintaining justice and harmony among heirs.

Understanding these doctrines helps individuals and legal practitioners navigate inheritance matters confidently and in line with Islamic principles. For anyone involved in estate planning or inheritance disputes, knowing how Aul and Radd work is invaluable.