Answer By law4u team
Under Muslim law, residuary heirs (also known as Aṣbah heirs) are those heirs who inherit the remaining property after the specific shares of the fixed heirs (such as parents, spouses, children, etc.) have been allotted. These heirs are entitled to the remaining portion of the deceased's estate, which has not been specifically allocated to other heirs. Residuary heirs typically include: Male Agnates: Male relatives who are related to the deceased through male lineage are considered residuary heirs. Examples include: Father's side male relatives (like brothers, paternal uncles, etc.) Son (in the absence of direct descendants, such as daughters or grandchildren) Grandfather (if no closer male heirs are present) Male Lineal Descendants: If there are no fixed heirs, the property passes to male descendants of the deceased's family, such as: Son: The son of the deceased, if surviving, inherits as a residuary heir. Grandson: If the son is deceased, the grandson may inherit as a residuary heir, depending on the school of thought (Hanafi, Shafi’i, etc.). Paternal Uncles and Nephews: Paternal uncles (brothers of the father) can inherit as residuary heirs. Nephews (sons of the deceased's brothers) can inherit if no direct descendants or other fixed heirs are available. Other Male Relatives: In the absence of direct male lineal descendants (such as sons or grandsons) and other specific heirs, other male relatives from the father's side can inherit as residuary heirs. Key Points: Females are not considered residuary heirs in traditional Islamic inheritance law, although some schools (such as the Hanafi school) have made provisions where female heirs may inherit in the absence of male heirs. Residuary heirs typically inherit the portion of the estate that remains after the shares of the primary heirs (like the spouse, children, and parents) have been allotted. The distribution of the estate and the identification of residuary heirs can vary based on the specific school of Islamic jurisprudence (Hanafi, Shafi’i, Maliki, etc.) and any local or regional practices.
