DIFFERENCE BETWEEN SUNNIS AND SHIAS
| Sunni Law | Shia Law | |
| Origin | The Sunnis are the successor of the prophet. | Shia are descendants of the prophet, Ali and is the leader of Divine Right. |
| Marriage | 1.Presence of Two witnesses are required at the time of marriage.(two male witnesses). 2. Marriages are divided into valid, invalid and irregular(voidable) marriages. 3. There is a long list of other guardians for the purpose of marriage besides the father and grandfather , who can act as Wali-ul-nikha, they being father, father’s father how high soever, brother, other paternal relations, mother, maternal uncle,etc., | 1.Presence of two witnesses are not required at the time of marriage. 2.Marriages are either valid or void. 3. Under Shia law only the father and grandfather can act as legal guardians. i.e., Wali-ul-nikah for the purpose of marriage, other being regarded as fuzuli or unauthorized persons. |
| Dower | 1.10 dirhams the minimum amount of dower. 2. There is no upper limit of dower. 3. There is no agreement between parties, the rule is to regard part as prompt and a part deferred the proportion of each being determined with due regard custom, status of the parties and the amount of dower settled. | 1.it does not fix any minimum limit of dower. 2. 500 Dirhams as proper dower.presumption of 500 dirhams as the maximum in case there is no stipulation. 3. There is no stipulation, at the time of marriage whether dower is to be prompt or deferred the whole of it is presumed as prompt. |
| Divorce | 1.Marriage can be canceled on the ground of inequality between the two parties amongest Sunnis .2. Hold two years as the period of gestation. 3. Talaq may be oral or in writing. 4.Talak – ul- biddat is recognized. 5. Two witnesses are not required in the presence of talaq. 6. If the words of divoce in jest, in a state of voluntary intoxication or under compulsion of the rests of a serious nature. | 1. Marriage cannot be canceled on the ground of inequality between the parties. 2.Hold ten months as the longest period of gestation. 3. Talaq must be pronounced orally in Arabic language, talaq in writing does not affect. 4. Not recognized. 5. Two witnesses are required in the presence of talaq. 6. Divorce under compulsion or threats or in intoxication is void. |
| Maternity | Maternity of the child, under sunni law, is established in the woman who gave birth to the child whether by fornication or by valid marriage. | A child born of fornication is deemed to have no mother at all and the maternity of a child born to a woman who was validly married before conception is established in the woman. |
| Guardianship | Mother has entitles to the custody of the boy upto seven years and a girl until she attains puberty. | Mother is entitled to the custody of boy to two years and a girl upto 7 years. |
| Maintenance | The liability of maintenance is shared equally by his children. | The burden is shared according to the means and ability of each. |
| Wills | 1. Consent of the heirs is essential to validate a bequeth. 2.The Legacy lapse, in case of the legatee’s death in the lifetime of the testator. | 1.a person is an absolute owner of the one-third of his estate and can bequeath that one-thri without the consent of the other heirs.if the legacy exceeds one-third it is not valid even under the shia law unless the other heirs consent thereto. 2.In case of the legatee’s death in the lifetime of the testator, the legacy passes to his heirs unless it is revoked by the testator. |
| Gift | A gift of undivided share in the property is invalid if it is incapable of partition. | A gift of undivided share in the property is valid provided, it is capable of partition. |
| Inheritance | 1.There are three classes of heirs namely1.sharers2.residuaries3.distant kindred2. The doctrine of primogeniture is not recognized. | 1.There are two classes of heirs namely1.Shares and 2. Residuaries. 2.The doctrine of primogeniture is recognized ie., the eldest son gets the deceased father’s garment, the signer-ring, the sword and the quran. |
| Waqf | 1.Waqf inter vivos is completed by a mere declaration of an endowment by the owner. 2.The settler may provide for his own maintenance and support during his lifetime or for the payment of his debts out of the rents and profits of the property . | 1.A waqf is invlid unless accompanied by delivery of possession .The mere declaration of endowment is not enough. 2. A provision for the payment of personal debts of the waqf is not permissible and will make the wakf invalid. |
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