Issues Related to ʿAul (Increase in Shares, Decrease in Portions)
✍ Written by: Imran Ayyub Lahori
❖ When Prescribed Shares Conflict, the Rule of ʿAul is Applied
❖ Linguistic Explanation of ʿAul
The word “ʿAul” (العَول) is derived from the Arabic verb عَالَ يَعُولُ (from باب نصر).
It carries meanings such as:
➤ To have many dependents,
➤ To support or provide for others,
➤ To oppress or be unjust,
➤ Also used to denote fraud or deficiency.
❖ Technical Definition of ʿAul
هو زيادة فى السهام ونقص فى الأنصباء
“It is an increase in the total shares and a decrease in the actual portions.”
📚 [Al-Fara’id, p. 112]
This principle can be compared to the case of a bankrupt debtor and multiple creditors.
Just as each creditor receives a proportional share of what remains—not their full due—similarly, in the case of ʿAul, all heirs receive a reduced portion when the total prescribed shares exceed the estate.
❖ Principles (Usul) of ʿAul
There are three primary bases on which ʿAul occurs:
① Six (٦)
② Twelve (١٢)
③ Twenty-four (٢٤)
❖ Illustrative Example of ʿAul
Suppose the deceased leaves behind:
- A husband
- Two full sisters
The original base of the issue (Asl al-Mas’alah) is 6.
- The husband’s share is ½, which equals 3 parts.
- The two full sisters receive ⅔, which equals 4 parts.
🟰 Total shares = 3 + 4 = 7,
while the actual base is only 6.
Thus, this is a case of ʿAul, where the total shares exceed the estate, requiring a proportional reduction in everyone’s share based on the new total of 7.
📚 [Al-Fara’id, p. 112]
❖ Historical Origin of the Rule of ʿAul
The first such case of ʿAul occurred during the caliphate of ʿUmar ibn al-Khattab (RA).
After consulting the companions, Zayd ibn Thabit (RA) advised implementing the principle of ʿAul.
Accordingly, ʿUmar (RA) issued a ruling based on this principle.
📚 [Al-Mawarith fi al-Shari‘ah al-Islamiyyah, pp. 109–116]
