Women's Share in Inheritance half that of Men

[ummtaalib]

Why do Muslim women inherit half of what men do?

Isn't that discrimination against women?

Why are women treated unfairly in  Islam?

 

Those who misunderstand Islam claim that Islam does injustice to women in terms of inheritance. They opine that it is unfair to grant the male a double to that of the female even though they are children of the same parents. Allah, the Exalted, offered a full and detailed method of women's inheritance in the Qur'an and Sunnah, and if an unbiased student of knowledge reflects on the details, he or she will discover the fault of this opinion.

"Women in the Shade of Islam"

 

 

So are the allegations of the Orientalists and Non-Muslims correct? Are women denied equality by being given a lesser share and are women discriminated against in Islam?

 

Contrary to the tide of misinformation and allegations, it was Islam which was the first religion to give women rights and a share in the inheritance at a time when women were considered property of their male counterparts and were denied all rights. It is also incorrect to say females always receive half the share. Although in most cases the male inherits a share that is twice that of a female, it is not always so. There are certain circumstances when they inherit equal shares, and in a few instances a female can inherit a larger share than that of the male.

 

InshaAllah in this topic we will compile information which will answer the questions and clear the misconceptions beginning with Inheritance in Pre-Islamic Arabia and Inheritance laws for women in other religions.

 

Discussions will follow on how Islam gave women their rights in inheritance at a time when women themselves were part of inheritance and the reasons behind the lesser share and how grave a sin it is when women are deprived of their rightful share of inheritance.

 

Last but not least, a very important aspect overlooked by those who raise objections, examples of how females can inherit a share which is equal to, or even more than a male and where the male can even be left out completely.

 

 

Advice to Muslims before going forward:

One must understand that the laws of inheritance are by Divine order.  As Muslims, our attitude to a divine decree is simply to submit.

 

The point of satisfaction is in the fact that Allah is al-Hakīm (The All Wise).  Every decree of Almighty Allah has innumerable benefits and wisdoms which we can never fathom or comprehend.  Besides the many benefits in each individual law, the common thread in all the laws of Islam is that they consider the realities of life.

 

There is no room for emotions in these Laws.  The Laws of Allah are not based on emotions.  They are founded on the best possible course for humanity to follow.  Each law, the law itself and its ramifications are beneficial for everyone and everything the law applies to.

 

Mawlana Faraz Ibn Adam, Student Darul Iftaa, UK

Checked and Approved by,

Mufti Ebrahim Desai.

Part of answer here: www.daruliftaa.net

[ummtaalib]

Inheritance in Pre-Islamic Arabia

 

In order to truly appreciate the favours bestowed upon women by Islam, let us look at their before the advent of Islam.

 

Arabs used to make unlimited bequest in favour of any person according to their own interest. The position of women was worse than that of the women of any other country.  The women were not entitled to have the share of the property of their deceased husbands, fathers and other relatives.  They regarded women as chattels.

 

 

In the pre-Islamic days the weaker class of people i.e. women, children, etc always remained victims to oppression and injustice.  Islam was the first religion to make necessary arrangements to guard their rights.  It was a pre-Islamic custom of the Arabs that no one other than the soldiers are deserving of the deceaseds estate which clearly excludes women and children and leaves the mature son to inherit the entire estate.  This is understood from an incident that took place during the time of the Prophet (S.A.W.) before the verses relating to the distribution of the estate were revealed.   A Sahabi by the name of Aws bin Thaabit (R.A.) passed away leaving behind two daughters, an immature son and a wife.  On the fathers death, two of their cousins (uncles sons) came and took possession of the entire estate as their custom demanded that none of the children or the wife deserved it.  On seeing this, the wife complained to the Prophet (S.A.W.).  The Prophet (S.A.W.) awaited the revelation from Allah Taala with regards to this matter.  It was at this moment that Verses 7, 11 and 12 of Surah Nisaa were revealed to Nabi (S.A.W.) who then passed the verdict in favour of the wife and children accordingly.  (Maaariful Quran, Vol. 2, Page 309)

 

In these verses Allah Taala fixed the shares of the inheritors and gave it the form of legislation so that the right of each inheritor may remain safeguarded from the other and the oppressive pre-Islamic custom of the Arabs can be eradicated.

(Jameah Mahmoodiyah)

 

 

 

 

In pre-Islamic Arabia, inheritance was confined to only strong males, and was denied to women, helpless and minor boys on the principle that only those had right to inherit who could fight in the battlefield. Mothers, sisters, daughters, wives and widows had no share in the heritage.

 

In Jewish law daughters were excluded by the sons, and mothers inherited nothing from their children. Illegitimate children had the same right as legitimate ones. According to the Hindu code bill, father is excluded by sons, and the widows and other females get no absolute share. There is also a distinction between self-acquired and ancestral properties.

 

All these inequalities and exclusion of women from inheritance and degrading them to the position of chattels have been eradicated by the magic touch of the final Prophet Muhammad (pbuh). All such barbaric customs have been eradicated and swept aside by one stroke of the Glorious Qura'an. Islam, holding aloft the torch of justice and equality ensures the absolute rights in inheritance for mothers, sisters, daughters and wives. Their shares have been fixed and guaranteed and thus their status has been greatly elevated. The Qura'an says:

 

"To males shall be a share of what their parents and other kinsmen may leave; and to females shall be a share of what their parents and other kinsmen may leave whether it be small or large; a portion allotted”. (Chapter: 4,Vers: 7)  (Central-Mosque)

 

 

 

 

The Wife is a part of Inheritance

They never inherited, even from their close relatives. In fact, she herself would become an item of distribution just like any other commodity of inheritance in a descendant’s estate (Inter-Islam)

 

 

WIFE, A PART OF INHERITANCE

Sometimes the pre-Islamic Arabs counted a widow to be a part of her deceased husband's property and appropriated her accordingly. If the deceased had a son from another wife, he could throw a piece of cloth on the widow as a mark of acquiring her. Then he could dispose her at his will and pleasure. He had the option of either marrying her himself, or giving her in marriage to someone else and taking her dower. This custom, which was not peculiar to the Arabs, was abolished by the Qur'an.

 

 

Since women in the pagan Arab society did not generally have these qualities, they were themselves inherited like any moveable commodity after the death of an indebted husband. If the deceased husband had adult sons from other marriages, the oldest son amongst them had the right to add her to his household, just as a son inherits other chattels of his deceased father. She was unable to leave the house of her stepson unless she paid a ransom. As a general practice, men had the freedom to acquire as many wives as they desired with no set limits.

 

The advent of Islam brought justice for everyone!

[ummtaalib]

Inheritance Laws for Women in other Religions

 

So, let us check the holy scriptures of the Jews and Christians to be acquainted with their point of view on that issue as part of the way they regard women.

 

In these scriptures, women are not entitled to inheritance, and they have the right to inheritance only in one case: when they do not have male siblings.

 

The Book of Numbers [27: 8-11] reads:

 

8 “Say to the Israelites, ‘If a man dies and leaves no son, turn his inheritance over to his daughter. 9 If he has no daughter, give his inheritance to his brothers. 10 If he has no brothers, give his inheritance to his father’s brothers. 11 If his father has no brothers, give his inheritance to the nearest male relative in his clan, that he may possess it. This is to be a legal requirement for the Israelites, as the LORD commanded Moses.’”

 

Thus, their holy book gives all the inheritance to male children. If the deceased leaves no male children, only then his female children can inherit him.

islamweb.net

 

 

In Judaism

Rabbi Epstein states the Jewish position that women do not inherit from the family estate. (The Jewish Marriage Contract, L Epstein, p175)

 

According to the Bible, the wife inherits nothing from her husband and daughters inherit nothing if there are male heirs. These laws existed in Europe until the late 1800s.

examiner.com

 

 

In Christianity

The Biblical attitude has been succinctly described by Rabbi Epstein: "The continuous and unbroken tradition since the Biblical days gives the female members of the household, wife and daughters, no right of succession to the family estate. In the more primitive scheme of succession, the female members of the family were considered part of the estate and as remote from the legal personality of an heir as the slave. Whereas by Mosaic enactment the daughters were admitted to succession in the event of no male issue remained, the wife was not recognized as heir even in such conditions." 44

 

Why were the female members of the family considered part of the family estate? Rabbi Epstein has the answer:
"They are owned --before marriage, by the father; after marriage, by the husband." 45

 

The Biblical rules of inheritance are outlined in Numbers 27:1-11. A wife is given no share in her husband's estate, while he is her first heir, even before her sons. A daughter can inherit only if no male heirs exist. A mother is not an heir at all while the father is. Widows and daughters, in case male children remained, were at the mercy of the male heirs for provision. That is why widows and orphan girls were among the most destitute members of the Jewish society.

 

Christianity has followed suit for long time. Both the ecclesiastical and civil laws of Christendom barred daughters from sharing with their brothers in the father's patrimony. Besides, wives were deprived of any inheritance rights. These iniquitous laws survived till late in the last century 46.

 

44. Epstein, op. cit., p. 175.

45. Ibid., p. 121.

46. Gage, op. cit., p. 142.

Source

 

 

In Hinduism

The Hindu Succession Act, 1956 is part of the Hindu Code which includes the Hindu Marriage Act, 1955, the Hindu Adoptions and Maintenance Act, 1956 and the Hindu Minority and Guardianship Act, 1956.

 

The Hindu Succession Act made a revolutionary change in the law for female Hindus. For the first time, a Hindu female could become an absolute owner of property. She could inherit equally with a male counterpart and a widow was also given importance regarding the succession of her husband's property as also to her father's property. The Act was amended in 2005 to provide that the daughter of a co-parcener in a joint Hindu family governed by the Mitakshara Law shall, by birth, become a co-parcener in her own right in the same manner as the son, having the same rights and liabilities in respect of the said property as that of a son.

thehindu.com

 

 

The Amendment

The Hindu Succession Act, 1956, originally didn't give daughters equal rights to ancestral property. This disparity was removed by an amendment that came into force on September 9, 2005.

 

Before the enactment of the Hindu Succession Act in 1956, Hindus were covered by shastric and customary laws that varied from region to region.

 

Under the Mitakshara school of Hindu law, a woman in a joint Hindu family had the right only to maintenance/ sustenance but not to inheritance of property.

 

Consequently, if a partition took place in the coparcenary (joint family) property, then each male coparcener was entitled to a share. But a daughter did not get a share. The daughter would only get a share as one of the heirs on the death of coparcener

dnaindia.com

 

 

Hindu and Zoroastrian inheritance systems

The Hindu and Zoroastrian inheritance systems are called ‘agnatic primogeniture’ where only the eldest sons are heirs to the entire family property, usually the ones with the closest degree of blood relation being the most privileged. Husbands of daughters, sons of daughters and adopted sons in this system are also entitled to inherit.11 However, a daughter, a sister or a wife must be explicitly “appointed” by the patriarch—which was by far an exception and left women to their own devices. Other world religions and societies practiced similar customs to those of the ancient Indians and Persians, agnatic primogeniture was common in places that had land-holding nobility.12

 

• 11. Manu, Smriti, Laws of Manu, Chapter IX: 141, Chapter XI: 135
• 12. Sulloway, F.J. “Sibling Order Effects,” International Encyclopedia of the Social & Behavioral Sciences. Copyright © 2001 Elsevier Science Ltd. All rights reserved. http://www.sulloway.org/Sibling-order-effects(2001).pdf

[ummtaalib]

Islam gives Women the right to Inherit!

 

Islam being a complete religion gave rights to every living creature. In the times of ignorance: the pre-Islamic era, orphans, women and the weaker links in the human chain had become prey of many injustices and had no rights whatsoever, but the advent of Islam brought a change and a revelation that history had never witnessed before. Women, regardless of their dependency on men or their sensitive nature were given rights which were previously either non-existent or ignored. Out of the many rights women were given at the dawn of Islam is Inheritance.

(inter-islam)

 

 

 

In the pre-Islamic days the weaker class of people i.e. women, children, etc always remained victims to oppression and injustice.  Islam was the first religion to make necessary arrangements to guard their rights.  It was a pre-Islamic custom of the Arabs that no one other than the soldiers are deserving of the deceaseds estate which clearly excludes women and children and leaves the mature son to inherit the entire estate.  This is understood from an incident that took place during the time of the Prophet (S.A.W.) before the verses relating to the distribution of the estate were revealed.   A Sahabi by the name of Aws bin Thaabit (R.A.) passed away leaving behind two daughters, an immature son and a wife.  On the fathers death, two of their cousins (uncles sons) came and took possession of the entire estate as their custom demanded that none of the children or the wife deserved it.  On seeing this, the wife complained to the Prophet (S.A.W.).  The Prophet (S.A.W.) awaited the revelation from Allah Taala with regards to this matter.  It was at this moment that Verses 7, 11 and 12 of Surah Nisaa were revealed to Nabi (S.A.W.) who then passed the verdict in favour of the wife and children accordingly.  (Maaariful Quran, Vol. 2, Page 309)

 

In these verses Allah Taala fixed the shares of the inheritors and gave it the form of legislation so that the right of each inheritor may remain safeguarded from the other and the oppressive pre-Islamic custom of the Arabs can be eradicated.

www.mahmoodiyah.org.za

[ummtaalib]

How Islam Protects the Inheritance of the Wife

 

Some selfish husbands try deprive their wives of inheritance by giving them a divorce on their deathbed. These immature "men" may do this because of a grudge they are holding against their wife, or as an act of revenge. Little do most of these ignoramuses know, that Islam has established a ruling to protect the wife from such a stunt.

In case a person divorces his wife and the divorce is revocable, and this person dies before the revocation of the divorce and the expiry of his wife's waiting period, then this woman will get a share in the inheritance, for the marriage is in force.

If a person divorces his wife during his sickness culminating in his death, even though the divorce is irrevocable or pronounced thrice, and he died before the expiry of the waiting period, even then, this woman will get a share in the inheritance. And in order to make her inherit, the longer of the two waiting periods shall be taken as operative in the following manner:
The waiting period following a divorce is three menstrual periods and the waiting period following the death of the husband is four (lunar) months and ten days. The waiting period out of the two which lasts longer shall be prescribed as the waiting period for the aforesaid woman so that the woman may get a share in the inheritance as far as possible.

And if a person divorces his wife, irrevocably or by pronouncing it thrice, prior to any sickness culminating in his death and, a few days later he passes away during the period of his wife's waiting period, then, she will not get a share in the inheritance under this situation. However, if the divorce given was revocable, she will inherit. [Ma'ariful Qur'an]

SubhaanAllah, is there any religion in the world that goes to such an extent to preserve the right of the wife? Notice that even in the case of an irrevocable divorce, as long as the husband dies within the waiting period, the wife will still get her inheritance. And on top of that, the fuqahaa have ruled that the longer of the two waiting periods shall be considered, so she has an even greater chance of getting her share. If this is not perfect justice, I dont know what is.

Another slap on the face of the kuffaar and their idiotic claims.

Note: The detailed rulings of this particular mas'alah can be found on page 434 of the English translation of Bahishti Zewar (2005 Edition).

Source

[ummtaalib]

Importance of the Mahr (dowry given to the wife) and its role in Inheritance

 

Husbands are obligated to pay their wives the mahr (dowry). If the husband has died before giving the mahr, the obligation does not fall. The mahr will then be taken out of the estate left behind by the husband.

 

It must be ascertained before the' distribution of inheritance that the mahr (dower) of the wife has been paid. If the deceased has not paid the mahr of his wife, this will be taken as debt, and will have to be paid first from the total property, like all other debts. The inheritance will be distributed only after that. It should be noted that the woman, after having received her mahr, shall go on to receive her fixed share in the inheritance as a competent inheritor. And in case, the property left by the deceased is not more than the value of dower, and nothing remains after it is paid, the entire property will be given to the woman against her debt of mahr very much like other debts and, as a result, no heir will receive any share from the inheritance thus used up. [Ma'ariful Qur'an]

 

Since Mahr is treated like debt, the shari'ah makes sure that no heirs can get their share until it (the mahr) is given to the wife. Even if the mahr happens to exhaust the entire estate, so be it. The wife's right to the mahr will have to be fulfilled, even if it means the other heirs get nothing.

Source

[ummtaalib]

To Deprive Women of Inheritance is a Grave Sin

 

The Importance of Giving Shares to Girls

 

The Holy Qur'an demonstrates visible concern to ensure that girls are given their share when it mentions the share of girls as a basis for determining the share of boys. In other words, instead of saying - 'for two females there is a share equal to that of one male'- it has elected to say "for a male there is a share equal to that of two females". Those who do not give shares to sisters on the pretext that they have forgone their right are in error, because their sisters usually do not forgo their rights willingly. Done reluctantly, with the knowledge that they are not going to get anything anyway, they think, why create bad blood between brothers and sisters? Such an act of forgiving is not valid under Islamic law. Their claim remains due against brothers - and those who usurp inheritance are terrible sinners. In case minor girls hold shares in such inheritance, not giving them their shares is a sin committed twice by usurping the share of a legal heir and by devouring the property of an orphan.

[Ma'ariful Qur'an]

 

 

Question: There are some brothers who say that since their father has spent a lot of money on their sisters' marriages, their sisters have no right in inheritance and therefore, sisters would not get any thing from inheritance. Is the above statement of brothers valid in view of the Shariah?

 

Answer: The statement of brothers that large expenditure in sisters' marriages has terminated their right of inheritance, is a wrong statement that is against the law of Allah. Who could dare to change the law of inheritance that Allah Himself has laid down? Allah (swt) never asks any body to spend his property lavishly. The extravagance in the marriage for no other reason than to show off, can not cancel the right confirmed by Allah. Moreover, what a father spends on his children during his lifetime is considered as Ateeyah and Hibah (gift). That is not counted in inheritance, because inheritance is a right, confirmed only after the death of Mooris. Therefore, to count those expenditures, that father has made during his lifetime, as their shares and on that basis to deprive the sisters of inheritance is a heinous crime as well as deviation from Shariah.  (Fatawa Mazahirul Uloom)

 

 

 

Question: There are some people who request their sisters to give up their rights and the sisters (either under the pressure of society or to continue their harmonious relations, willingly or unwillingly) surrender their rights of inheritance and brothers take all the inheritance. How is this?

 

Answer: Any act of this sort is absolutely unlawful in the sight of Shariah and the shares of sisters taken by the verbal permission do not become Halaal (permissible) for brothers because, this type of permission is always under ritual pressure and customs. The Prophet of Allah (pubh) said “Beware! Never do injustice to anyone. No property of a person is lawful for others without his cordial consent". Well, if brothers distribute the inheritance and hand over the portions to each sister then sisters return their portions to their brothers then only brothers can use it. This is the only lawful way.  (Fatawa Mazahirul Uloom)

(Central-Mosque)

[ummtaalib]

Reasons behind why a Man Inherits twice as much as a Woman

 

A woman was not obligated by Islamic Law to help run the household by contributing money even if she is a working woman; it is a man’s responsibility to make sure that his family lives in comfort, hence the burden of providing falls on his shoulders. While a woman can spend her inheritance however she wants, a man was obligated to spend his earnings, savings and inheritance on his family, so Islamic Law has made it fair by giving women a lesser share in the inheritance.

 

 

 

Why do females get half the inheritance amount of males?

 

From the day a woman is born to the day she passes away, she is never responsible to earn her own living.  From birth to her marriage, her father or guardian is responsible to provide for her.  After marriage, her husband is responsible to provide for her.  When she gets old, her children are responsible to look after her.  On the other hand, a male is tasked with providing and looking after his whole family.

 

If the male did not receive double the share, this would be injustice on the male.  Everybody would be asking the question why Islam does injustice on the males as Islam tasks the male to provide and maintain the family, yet Islam does not channel to him the possible funds needed to uphold this responsibility.

 

For example, if a father passed away and his estate was worth £100,000.  The son will receive £66,666.66 and the daughter will receive £33,333.33.  The son may have to spend almost the entire amount in maintaining his sister and family.  Whereas, the daughter who inherited, she will not be obliged to spend a single pence.  She can keep the entire amount to herself.  What is better? Receiving £66,666.66 and spending it all on others or receiving £33,333.33 and having the privilege of keeping it all to yourself?

 

And Allah Ta’āla Knows Best

Mawlana Faraz Ibn Adam,
Student Darul Iftaa

UK

 

Checked and Approved by,

Mufti Ebrahim Desai.

Above is part of the answer from here: daruliftaa.net

 

 

 

Why a man receives twice what a woman receives in inheritance

In the name of Allah, the most Beneficent, the most Merciful.

 

Answer

Allah (SWA) in the Holy Qur’an has said:

 

“Allah enjoins you concerning your children for the male there is a share equal to that of two females” (Surah Nisa v.176)

 

On the authority of Jabir Radiallahu Anhu the Messenger of Allah and Abu Bakr visited me during my sickness, then they were walking by Banu Salama.  He found me unconscious, he called for water, performed wudhu and sprinkled water on me, so I came to my senses.  I said what should I do with my wealth, O Messenger of Allah.  Then the verse was revealed  ‘Allah enjoins you concerning your children for male there is a share equal to that of two females’.  (Aasbab Nuzulul Quran by Abul Hasan Ali Ibn Ahmad) (Imam Bukhari and Imam Muslim also report this narration)

 

It is firmly established from the above narration that the male’s share is equal to that of two females.

 

The reason for men receiving double of what women receive I inheritance is justice, for the overwhelming majority of men take a wife and undertake to provide for her. As for women, they take a husband and load their livelihood on him, and this makes up for the deficiency in what they have inherited. It is also mercy, for a weak girl is greatly in need of kindness from her father and brothers. She also receives her brother’s kindness and protection free of rivalry and jealousy. He does not consider her “as a rival who will destroy half the family and give an important part of our property to someone else.” There will be no resentment and hostility mixed with his feeling of compassion and protection towards her. Thus, the girl, who is delicate and weak by nature, is apparently deprived of a small part, but in place of it she gains inexhaustible wealth in the form of the compassion and kindness of those close to her. Also, to give her more than her due with the idea of being more merciful to her than Divine Mercy, is not kindness, but a great wrong.

 

Only Allah Knows Best

Written by Tariq Uddin

Checked and Approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham.

 

 

 

Logical Reason behind males being given a larger share

 

When the male is given a larger share, there is a logical reason behind it, which is that in Islam economic responsibility is always upon the man while the woman has no financial obligations, even if she should be wealthy or have her own income. Generally, the woman is in charge of running the household and taking care of those within it, so she is justly freed from financial responsibilities. When unmarried, it is the legal obligation of her father, brother or guardian to provide her food, clothing, medication, housing and other needs. After marriage it becomes the duty of her husband or adult son. Islam holds men responsible by law for fulfilling all the needs of their families. So the difference in shares does not in any way mean that one sex is preferred over the other. Rather, it represents a just balance consistent with the needs and responsibilities of family members.

 

When a son and a daughter inherit from either of their parents, the son’s share will be depleted by giving an obligatory dowry to his wife upon marriage and maintaining his family, including his sister until she marries. While the daughter has no required expenses, she still receives a share of the inheritance which is her own property to save, invest or use as she pleases. When she marries, she will also receive a dowry from her husband and be maintained by him, having no financial responsibilities whatsoever. Thus, one might conclude that Islam has favored women over men!

 

Source

[ummtaalib]

It is not always so that a Man inherits twice as much as a Woman

 

Although in most cases the male inherits a share that is twice that of a female, it is not always so. There are certain circumstances when they inherit equal shares, and in a few instances a female can inherit a larger share than that of the male.

 

Allah has stated three types of shares for a woman's inheritance as follows:

 

1. A woman will have an equal share as that of the man.
2. A woman will have an equal share to that of the man, or a little less.
3. A woman will have half the share of a man.

"Women under the shade of Islam"

[Arslan]

There are too many scenarios to list all of them, but here are a few:

 

1) In a situation where a person leaves behind both parents, and (A) only male descendants (sons/grandsons) or (B) a combination of male and female descendants, both parents will inherit 1/6. If the deceased leaves behind only female descendants, its possible that the father may get more than 1/6. But this will depend on what other relatives are present.

 

2) Paternal grandmother and Paternal grandfather always get 1/6 each.

 

3) Maternal grandmother is an heir, while maternal grandfather is a non-heir. Thus, if both are alive, only the maternal grandmother will inherit.

4) In situation where any number of daughter/granddaughters and any number of akhyaafi brothers are present, the akhyaafi brothers will get nothing, while the females will have their fixed shares.

5) In any situation where daughters/granddaughters are present along with the father and brothers (whether haqeeqi, allaati or akyhaafi), the brothers will get nothing, while the daughters/granddaughters will get their fixed shares.

6) A husband and haqeeqi sister, or a husband and allaati sister will always split 50/50. If allaati brothers, uncles, or nephews are present, they would all be deprived.

7) Akhyaafi brothers and sisters always get equal shares. One akhyaafi sibling (whether male or female) gets 1/6, while 2 or more share 1/3 equally amongst themselves. The 2:1 rule does NOT apply to akhyaafi siblings.

8) In a situation where a haqeeqi sister is inheriting along with a daughter or granddaughter (or both), all allaati brothers, uncles and nephews will be deprived. Same would result if we were to replace the haqeeqi sister with allaati sister.

 

9) In any `awl problem (a problem in which the shares add up to more than 1), all females may inherit, while all male relatives (aside from the father or paternal grandfather) would be deprvied.

 

 

I could go on and on, but these are some situations in which a female gets equal to or more than a male. Hope it helps, insha'Allah.

 

Haqeeqi sibling = Full sibling

Allaati sibling = Half sibling from the fathers side

Akhyaafi sibling = Half sibling from the mothers side.

Edited November 24, 2014 by ummitaalib

[ummtaalib]

Brother Arslan, your post has been merged with the main topic...its moved here so please have a look and suggest any changes which may be needed or perhaps something has been overlooked. The two empty posts are so in case they are needed.

 

InshaAllah once you check things it will be moved to the misconceptions section. Please post here any comments...they can be deleted afterward...Jazaakallaahu khayran for this, really appreciate it.

[Arslan]

Masha'Allah, good compilation.

 

Would be great if you could include THIS excerpt from Maariful Qur'an under the post "To Deprive Women of inheritance is a great sin".

Edited November 25, 2014 by Arslan

[ummtaalib]

Done and moved to the correct section...Allah ta'ala accept from all of us and make it all a means of correct understanding of Islam! Jazaakallaahu khayraa.

[ummtaalib]

 

Q. Please clarify the reason as to why the males inherit more than the females

 

(Question published as received)

 

A. The difference in inheritance is not based on the gender of the heir, but on three primary conditions:

 

1. The degree of kinship to the deceased: Regardless of whether the heir is male or female, the closer the relationship to the deceased, the more an individual will inherit. For example, a deceased woman’s daughter is entitled to half the in­heritance while the husband of the deceased only receives one fourth. This is because the daughter, as an immediate blood relative, is closer in relation than the husband. Therefore the amount of inheritance she receives is greater.

 

2. The generation to which the heir belongs: Children usually receive more inheritance than parents because they will confront future financial responsibilities, whereas others usually maintain the financial upkeep of parents. The system functions this way regardless of gender. Even though they are both women, the daughter of the deceased inherits more than the deceased’s mother because they belong to different generations. Likewise, the daughter of the deceased inherits more than the deceased’s father. This is so even if she has a living brother who inherits with her.

 

3. Financial Responsibility: It is in this category alone that shares of inheritance differ according to gender. However, this disparity causes no injustice to the female. When a group of inheritors, such as the children of the deceased, are equal in the first two aforementioned factors, then their shares are affected by the third factor, i.e. financial responsibility. The Quran has not made the disparity between men and women a general condition, but rather has confined it to this specific situation. When the individuals in a group of heirs are equal in both their relationship to the deceased and their generation, the male receives twice as much as the female.

 

The wisdom behind this arrangement is as follows: the male is responsible for the financial upkeep of his wife and children, whereas the female’s financial upkeep is the responsibility of an individual other than herself, such as her husband or father. Thus, for all practical purposes, the disparity favours the woman because the wealth she inherits is not applicable to the household expenses and is hers to dispense with as she pleases. Unfortunately, few today understand this finer point of the Islamic inheritance system.

 

And Allah Ta’ala Knows Best

 

Mufti Ismaeel Bassa

Mufti Moosa Salie

 

(The answer hereby given is specifically based on the question asked and should be read together with the question asked. Islamic rulings on this Q&A newsletter are answered in accordance to the Hanafi Fiqh unless otherwise stated.) 

 

 

Fatwa Department
Jamiatul Ulama (KZN) 
Council of Muslim Theologians