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Per strip distribution

The Shia-law method of dividing a Muslim estate branch by branch, so an heir's share depends on the size of their family strip, not simply on the total number of heirs.

In plain language

Sunni law divides a Muslim estate by simple headcount. Shia law, under the workbook's second method, divides it branch by branch instead, per strip distribution.

Here, the property is distributed among the heirs according to the strip, or branch, they belong to. How much any individual heir gets depends on the size and number of people within their own branch, not on the total headcount across the whole family.

How it works

The workbook's own statement of the rule: under per strip distribution, property is distributed according to the strip the heirs belong to, so the quantum of inheritance depends on the branch, and the number of persons in that branch.

The practical effect is that per strip distribution can produce a very different split from per capita distribution on the identical estate and the identical set of relatives, whenever the branches are of unequal size. A large branch shares its portion among more people, so each person in it receives less than someone in a smaller branch, even though the branch-level shares might look equal at first glance.

As with per capita distribution, this method applies on top of the other Muslim succession rules the workbook states: no distinction between self-acquired and inherited property, and a female heir generally receiving half the share of a male heir of the same class within her own branch, even where that branch has only 2 or 3 members sharing it.

A worked example

A Shia man dies leaving an estate of Rs 60,00,000, with two branches of descendants: one son in the first branch, and two grandchildren, through a predeceased second son, sharing the second branch, 3 heirs in total, but only 2 branches.

Under per strip, the estate is first split by branch:

Estate                                Rs 60,00,000
Branch 1 (1 heir)     = 1/2 share  = Rs 30,00,000  -> Rs 30,00,000 to the one heir
Branch 2 (2 heirs)    = 1/2 share  = Rs 30,00,000  -> Rs 15,00,000 each

The lone heir in Branch 1 receives Rs 30,00,000, while each of the two heirs sharing Branch 2 receives only Rs 15,00,000, despite there being three heirs overall. The branch, not the headcount, decided the outcome.

Under per capita distribution on the same three heirs, each would instead have received an equal Rs 20,00,000, a clearly different result, which is exactly why the workbook treats the two methods as distinct and tests the distinction directly.

Why NISM asks about it

Chapter 14, in the same passage on the Rule of Distribution for Inheritance, defines per strip distribution immediately after per capita, explicitly pairing it with Shia law. Expect a question that names Shia law and asks for the distribution method, or a scenario comparing the outcome of per capita versus per strip on the same set of heirs.

Common exam traps

  • Per strip is Shia law; per capita is Sunni law. Reversing the pairing is the most common error.
  • The unit of division is the branch, not the individual. Compute the branch share first, then divide within the branch.
  • Per strip and per capita can give very different answers on identical facts whenever family branches are of unequal size. This is the point examiners test with a worked comparison.
  • The male and female half-share rule and the no-self-acquired-property-distinction rule still apply within per strip distribution. It changes how shares are grouped, not the other underlying Muslim succession principles.

Check yourself

  1. 1.Under Muslim law, how do the per capita and per strip methods of distributing inheritance differ, and which school uses each?

    1. a)Per capita is used in the Shia law and divides the estate by branches; per strip is used in the Sunni law and divides it equally among heirs
    2. b)Both schools use per capita distribution; per strip applies only to ancestral property
    3. c)Per capita, mainly used in the Sunni law, divides the estate equally among the heirs, so each share depends on the number of heirs; per strip, recognised in the Shia law, distributes by the branch (strip) the heirs belong to, so each share depends on the branch and the number of persons in it
    4. d)Per strip is used in the Sunni law for sons and per capita is used for daughters, so that each son gets double what each daughter gets
    Show the answer

    Answer: (c) Per capita, mainly used in the Sunni law, divides the estate equally among the heirs, so each share depends on the number of heirs; per strip, recognised in the Shia law, distributes by the branch (strip) the heirs belong to, so each share depends on the branch and the number of persons in it

    The workbook: “Under the Muslim law, distribution of property are done in either of the two ways – per capita or per strip distribution.”

    Per capita (Sunni): “The per capita distribution method is majorly used in the Sunni law. According to this method, the estate left over by the ancestors gets equally distributed among the heirs. Therefore, the share of each person depends on the number of heirs.”

    Per strip (Shia): “The per strip distribution method is recognised in the Shia law. According to this method of property inheritance, the property gets distributed among the heirs according to the strip they belong to. Hence, the quantum of their inheritance also depends upon the branch and the number of persons that belong to the branch.”

    Option A is wrong because it swaps the schools. Per capita is Sunni and per strip is Shia.

    Option B is wrong because the Shia law recognises per strip. It is also wrong to link either method to ancestral property. Under Muslim law, “there is no provision of distinction between individual i.e. self-acquired or ancestral property.”

    Option D is wrong. It mixes up the method of distribution with the son-daughter ratio. That ratio is a separate rule: where sons and daughters both survive, the daughters become residuaries and the residue is split so that “each son gets double of what each daughter gets” (p339).

Where this is taught

Free preparation for NISM Series X-B

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