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Inheritance of Women in Islam (Critical examinations)

Quranic inheritance law is the divine law for Muslims. The Quranic heirs are men and women. In fact, in Holy Quran's chapter on inheritance title is "An-Nisa" meaning "The Women" (Not "The Men"). Sons share are residuary, i.e., receive residue after fixed sharer are given their part. If Son is not alive, the Daughter's share is fixed, which cannot be reduced. Also, there is no limit to the lifetime Gifts you may give away to women. Women's inheritance is a topic of debate for many attorneys, lawyers, orientalists, writers, and Islamic scholars. Many more things to share here, and keep reading this article. Islamic inheritance law encompasses the inheritors beyond contemporary family settings.


Professor Almaric Rumsey, a 19th-century professor of law at King’s College in London who studied the Islamic inheritance system extensively, wrote "The Moohummudan law of inheritance comprises, beyond question, the most refined and elaborate system of rules for the devolution of property that is known to the civilized world, and its beauty and symmetry are such that it is worthy to be studied, not only by lawyers with a view to its practical application, but for its own sake, and by those who have no other object in view than their intellectual culture and gratification"

Importance of a Muslim Women in Islam


Women get appreciation as wives, mothers, and sisters.

There are many verses in the Quran Inheritance Law, and Hadith dedicated to instructing men to express sympathy and respect towards women as a wife, mothers, and sisters. "And of His signs is that He created for you from yourselves mates that you may find tranquillity in them, and He placed between you affection and mercy. Indeed in that are signs for a people who give thought" - Holy Quran 30:21. Abu Hurairah narrated that The Messenger of Allah (Sallallahu Alayhi Wasallam) said, "The most complete of the believers in faith is the one with the best character among them. And the best of you are those who are best to your women". - Tirmidhi, Book 12, Hadith 17 Abu Huraira reported that a person said, "Allah's Messenger, who amongst the people is most deserving of my good treatment? He said: Your mother, again your mother, again your mother, then your father, then your nearest relatives according to the order (of nearness)" -Sahih Muslim, Book 2548 b, Book 45, Hadith 2. Abu Barzah narrated that the Messenger of Allah (Sallallahu Alayhi Wasallam) said, "Whoever consoles a bereaved mother, he will be clothed with a burd in Paradise" -Jami At-Tirmidhi 1076, Book 10, Hadith 112. Abu Sa'eed Al-Kudari narrated that the Messenger of Allah (Sallallahu Alayhi Wasallam) said, "Whoever has three daughters, or three sisters, or two daughters, or two sisters, and he keeps good company with them and fears Allah regarding them, then paradise is for him" -Jami At-Tirmidhi 1916, Book 27, Hadith 22.


So, a Muslim women share comes from three many sources, including as a Wife, Daughter, Granddaughter, Mother, Grandmother, etc.


Women's share is half of Men's share

One of the topics usually mentioned in the media is women's succession in Islam, about a woman receiving half of the inheritance than a man. However, many situations are ignored where women are entitled to receive equal or more shares than men as Quranic heirs. To understand better, let us begin by thinking about the topic.


Muslim women and men affairs islamic inheritance

The way of life in which Woman to take care of children and being the homemaker is not the only traditional way of living the life, but the most functional and practical approach giving a perfect shape in the modern world. We encourage to read "Why millennial women want to be housewives?" by Newyork Post.

Man is responsible for all affairs related to wealth, defense, inheritance, and some of the bigger financial responsibilities found below.

  • Go out for hunting work or doing business.

  • Providing daily needs for wives, Children, Parents, and other immediate relatives in need.

  • Providing comfort to family members by providing facilities such as food, clothes, a house, a car, belongings, and other daily needs.

  • Providing adequate resources and wealth to fulfill the needs of Children in terms of education and qualifications until they get to colleges and universities.

  • Provide financial help for marriages and other occasions for children.

  • Provide social and community needs for a family.

  • Provide financial aid for charity or the wellbeings of those unfortunate relatives or community members.

  • Make critical decisions during bad economic or political situations for work or business needs.

  • Provide security, safety, and comfort by creating a great environment as a husband. There are specific rules governing a husband's behavior as outlined in the Holy Quran and Sunnah (the book of Hadith), and the perfect example who proved to be the best Husband is the Prophet Muhammad (Sallallahu Alayhi Wa Sallam).

  • Be ready to defend your family in emergencies, wars, pandemics, outbreaks, bad politics, or any other situations where the call between life and death is made.

The woman has many challenges as well, to begin with, setting up oneself in a new family, adjusting to culture and customs, bearing the pain before, during, and after the birth of a child, provide care to the child, which cannot be counted in money and no childcare professional can provide, preparing food, keep the house clean and work within a budget.


The laws of Judaism and Islam both established inheritance rights for women long before these rights established in most Western countries -The Inheritance Rights of Women under Jewish and Islamic Law by Mary F. Radford

The world is going towards making Men and Women the same person in every aspect they are not. Men and Women possess strengths and weaknesses, making the perfect combinations for creating a successful family. Research shows obvious differences between Men and Women in terms of physical, biological, psychological, behavioral, and thinking. Some of the interesting facts are

  • Women are much more emotional than Men.

  • Women can read between the lines and facial expressions way better than Men.

  • Men are problem solver without talking about it, whereas Women gets depression if they do not share their problems with their friends,

  • Men care about looks much more than Women; Men are much more aggressive, while Women avoid conflict.

  • The male brain is more geared toward math, whereas women are better at language.

Read more on "10 Psychological Differences between Men and Women That'll Surely Take You By Surprise" By Scoopwhoop.com

Men and Women role in muslim succession share

"The laws of Judaism and Islam both established inheritance rights for women long before these rights were established in most Western countries" -The Inheritance Rights of Women Under Jewish and Islamic Law by Mary F. Radford

Equal or Greater Inheritance Share for Women


There is a situation where Men and Women get equal shares; some Islamic inheritance examples are below.​​

Men and Women Islamic succession division

The right of inheritance in Islam is fairly judged between man and woman. In many situations, women would get inheritance distribution in Islam (i.e., Mirath in Islam) equal to or greater than men as below.

  • If the mother's husband and siblings are the only surviving heirs, then both get 1/2 (i.e., One-half) of equal shares.

  • If Full Sister is surviving heir and in any combination of Husband, Paternal Brother of Father or Sons of Paternal Brother or Son of Brother, Brother of Father or Sons of Paternal Brother, then Full Sister will get equal to the male surviving heirs.

  • In the case where the deceased left a daughter and his brothers (the daughter’s paternal uncles). The daughter would get 1/2 (i.e., One-half) of the wealth, and the brothers, no matter how many, would split the remainder.

  • A wife receives 1/8 (i.e., One-eighth) of the share from her husband's property, and if she has 3 or 4 children, then the share that each son would receive is less than his mother's.

  • If a daughter and husband are legal heirs of the deceased woman, then the daughter gets more than her father as per property distribution in Quran.

  • If the husband and paternal granddaughter are legal heirs of the deceased woman, then the paternal granddaughter gets more share than his or her grandfather.

  • If there is no one from sharers and distant kindred in the legal heirs of the deceased and the daughter of the maternal grandson and son of the maternal granddaughter are the only legal heirs of the deceased, then the daughter of the maternal grandson gets more than the share of the son of a maternal granddaughter.



More group of Women are eligible for getting inheritance compare to the number of Men


The basis of Inheritance share is the financial responsibilities, not the gender, which is the contemporary means of weighing. But the Property law in Islam is spiritual and three-dimensional law.

Women succession share in Islam

Seventeen different groups of women get their inheritance compared to the number of men who only get eight. The highest share is 2/3 (i.e., Two-thirds), given to women. The second highest is the 1/2 (i.e., One-half), where the only Husband gets it, compared to four different groups of women who are entitled. Similar is the case of other shares 1/3 (i.e., One-third), 1/4 (i.e., One-fourth), and 1/6 (i.e., One-sixth) as well.



Men have to pay the dowry to Women


The husband has to pay a dowry (gift or money paid during the marriage) upon the marriage and this obligation remains even before and after the death of the Husband (if not paid).

  • If the husband had not paid the dowry in his lifetime, then it would be considered as debt outstanding against the deceased (husband), and it would be paid to the widow before the distribution of property among the legal heirs; this will not affect her legal share from the property of her husband, and if Women dies without getting dower then, the legal heirs of the woman are entitled to claim the amount of dowery from her husband.

  • If the husband pronounces divorce to his wife on death bed and dies before the completion of her 'iddat' (waiting period), still the wife is entitled to her share in the property from the deceased husband.

  • If the wife of the deceased gets married again after completing her 'iddat' (waiting period), then the second marriage shall not affect her right to get a share in the property if she was the wife of the deceased at the time of his death.

  • If the deceased pronounces divorce before his death and then dies during her waiting period, In such a situation, she would be entitled to get her share in the property because marriage existed between the spouses at the time of death of the husband.


Reference


Allah, the Most Glorified and the Most High, knows the best. As a human, We are limited to everything and can not perceive it in totality...


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