An Inquiry into the Juridical Principles of Imamiyyah and Ahl al- Sunnah regarding Ta'sib

Ta'sib is one of the contentious issues among both Sunni and Shia jurists. In regards to inheritance, the relationship of the deceased person's bequest and estate with the six suppositions mentioned in the Quran can take three forms: equality of the shares and inheritance, the shares being less than the inheritance and the shares exceeding the inheritance in which case the total shares exceed the whole estate. In jurisprudential terminology, this scenario is called ta'sib. When it comes to who the excess in the shares belongs to, there are differences of opinion among Shia and Sunni jurists. In this article, we have reached, after studying the arguments presented by both branches of faith, the conclusion that the Quran has mentioned the principle that both man and woman have a share in the inheritance. Ta'sib is in contravention with the verses and traditions. The main reason the heirs receive their share of inheritance is blood relationship or causes of inheritances. If the deceased person leaves behind a supposed heir, in this case, this heir takes preference over the close relatives and therefore he takes out his share before everyone else.