How Do We Address a Woman’s Dissatisfaction with Her Islamic Inheritance Share? – Shaykh Dr. Muhammad Fayez Awad

Answered By Shaykh Dr. Muhammad Fayez Awad

Question

Some heirs may not be satisfied with the division of inheritance according to Islamic law. How do we engage with a woman who is unhappy with the share Allah has decreed for her?

Answer

All praise is due to Allah, Lord of the worlds. Blessings and peace be upon the Messenger of Allah, his Family, and his Companions.

Obedience

Whoever is pleased with Allah as their Lord, Islam as their religion, and Muhammad (Allah bless him and give him peace) as their Prophet and Messenger, must be content with the judgments of Allah and His Messenger in all their affairs. As Allah (Most High) said:

“It is not for a believing man or woman—when Allah and His Messenger decree a matter—to have any other choice in that matter. Indeed, whoever disobeys Allah and His Messenger has clearly gone (far) astray.” [Quran, 33:36]

And He (Most High) said:

“The only response of the (true) believers, when they are called to Allah and His Messenger so he may judge between them, is to say, ‘We hear and obey.’ It is they who will (truly) succeed. For whoever obeys Allah and His Messenger, and fears Allah and is mindful of Him, then it is they who will (truly) triumph.” [Quran, 24:51-52]

Divine Justice

Allah (Most High) has divided the inheritance among the heirs in His clear Book. He did not delegate its division to a near angel or a sent Prophet. Rather, He Himself divided it and explained it in verses that are recited day and night. Allah (Most High) said:

“Allah commands you regarding your children: the share of the male will be twice that of the female. If you leave only two (or more) females, their share is two-thirds of the estate. But if there is only one female, her share will be one-half. Each parent is entitled to one-sixth if you leave offspring. But if you are childless and your parents are the only heirs, then your mother will receive one-third. But if you leave siblings, then your mother will receive one-sixth—after the fulfillment of bequests and debts. (Be fair to) your parents and children, as you do not (fully) know who is more beneficial to you. (This is) an obligation from Allah. Surely Allah is All-Knowing, All-Wise.” [Quran, 4:11]

Allah (Most High) followed this by saying:

“These (entitlements) are the limits set by Allah. Whoever obeys Allah and His Messenger will be admitted into Gardens under which rivers flow, to stay there forever. That is the ultimate triumph! But whoever disobeys Allah and His Messenger and exceeds their limits will be cast into Hell, to stay there forever. And they will suffer a humiliating punishment.” [Quran, 4:13-14]

Adhering to Allah’s Laws

Therefore, it is incumbent upon you to advise these heirs who reject Allah’s ruling and decree in inheritance to adhere to Allah’s law in all their matters, including the division of inheritance. Wealth is transient, and life is finite. Perhaps explaining the benefits of the Islamic inheritance system will remove the veil and clarify the truth.

If we reflect on Islam’s legitimacy and inheritance shares, the difference between Allah’s ruling and the rulings of old and new ignorance becomes evident. We ask Allah (Most High) for guidance, righteousness, and success for all.

Before Islam, the people of ignorance used to consider the wealth of the deceased as the right of the eldest son alone, excluding the younger sons and the women, such as daughters, wives, mothers, and sisters. Alternatively, it would be transferred to the brother or uncle of the deceased, under the pretext that the young and the women do not protect the tribe, do not take revenge, do not bring in spoils, and do not fight enemies.

Allah (Most High) nullified this pre-Islamic practice and ordained a share for women and minors from the inheritance, making their share a prescribed right, regardless of whether the inheritance was small or large. Allah (Most High) said:

“For men there is a share in what their parents and close relatives leave, and for women there is a share in what their parents and close relatives leave—whether it is little or much. (These are) obligatory shares.” [Quran, 4:7] [Tabari, Tafsir al-Tabari]

The Islamic inheritance system is distinguished from contemporary earthly laws in several ways:

1. Moderation Between Extremes

Islam took a moderate stance between communism, which denies inheritance, considering it unjust and against the principles of justice by not giving anything to the deceased’s children and relatives, and capitalism, which allows absolute freedom for the testator to dispose of their wealth as they wish. In capitalist societies, a person can disinherit all their relatives and bequeath their wealth to a stranger, friend, or servant. In some Western societies, a person might even bequeath all or part of their wealth to a dog, cat, or other such odd and strange beneficiaries.

2. Obligation of Inheritance

In Islamic law, inheritance is obligatory for both the heir and the testator. The testator cannot prevent any of their heirs from receiving their share, and the heir owns their share without needing a judge’s ruling. In contrast, other systems do not impose such obligations. For instance, French law does not establish inheritance until after a judicial ruling, making it optional rather than mandatory.

3. Family-Centric Inheritance

Islamic law confines inheritance within the family, requiring valid lineage or marital bonds. Consequently, an adopted child or an illegitimate child does not inherit.

4. Preference for Closest Relatives:

In Islam, the inheritance system favors the closest relatives of the deceased. This differs significantly from other systems. For example, in Judaism, sons inherit, and the eldest son receives a double portion compared to his brothers, without distinguishing between those born from legitimate or illegitimate relationships. The eldest son is not deprived of his share even if born from an illegitimate relationship. In Western systems, a stranger, friend, or servant can inherit, and an illegitimate child can inherit. Moreover, individuals with no blood relationship to the deceased, such as animals, can also inherit.

5. Inheritance for Minor

The Islamic system grants the minor child a share of their father’s inheritance equal to that of their elder brother. It does not distinguish between a fetus in the mother’s womb and the eldest child in a large family. Furthermore, the Islamic system does not differentiate between the firstborn and other children, unlike the distorted Jewish law and British law. This is because the younger children may be more in need of funds to build their lives and face future life requirements compared to their older siblings who may have worked and accumulated their own wealth independent of their father’s.

6. Inheritance for Women

The Islamic system grants women a share of the inheritance. Mothers, wives, daughters, granddaughters, sisters, and similar relatives all have a share of the deceased’s wealth, ensuring them a dignified life free from poverty and destitution. This contrasts with some systems that completely deprived women of inheritance. For example, French law previously denied wives any share of the inheritance, and similarly, the Jews did not give women any inheritance.

7. Preference

The Islamic system considers the presumption of need as the basis for preference in inheritance. The deceased’s children are more in need of his wealth than his father because the demands of life may not burden their grandfather as they do the young people in the prime of their lives. Similarly, a son’s life requirements in the Islamic system are greater than those of his sister. He is responsible for supporting himself once he reaches maturity, paying a dowry to his wife, covering marital expenses, and the expenses of his children, including education, healthcare, and clothing. Additionally, he must support his father or other relatives if they are poor. In contrast, a daughter is generally expected to be supported rather than to support others, as she will marry and her expenses will become the responsibility of her husband.

These are some of the advantages that distinguish the inheritance system mandated by Allah (Most High) in Islam from the old and contemporary pagan laws created by humans, which they frequently change over time.

Some Women’s Objections to Inheritance Laws

Women’s objections to inheritance laws often revolve around the difference in shares between men and women. To clarify this, it is important to understand the following:

The verse stating that a woman inherits half of what a man inherits is not a general rule in all cases of inheritance but applies only in two specific situations:

• Inheritance of Sons and Daughters: When they inherit through agnate succession, the male receives twice the share of the female. Allah (Most High) says: “Allah commands you regarding your children: the share of the male will be twice that of the female.” [Quran, 4:11]
• Inheritance of Siblings: Allah (Most High) says: “But if the deceased leaves male and female siblings, a male’s share will be equal to that of two females.” [Quran, 4:176]

There are dozens of cases in inheritance where a woman receives the same as a man, more than a man, or inherits while a man does not. This verse is definitive in its meaning and authenticity.

Precision and Decisiveness

One of the key objectives of Sacred Law in specific and predetermined matters, such as inheritance shares, prayer units, and zakat amounts, is precision and decisiveness. This removes confusion, disputes, ambiguity, and extremes when determining and implementing them. This objective is present in all laws. Penalties in legal systems are specified in different ways, such as five or seven years, and financial fines, even though they can be increased or decreased. The purpose of all this is to provide clear and precise guidelines for people to follow and judge by.

Advocating for equality necessitates changing the entire system, including the inheritance and family systems. Claiming injustice in the different shares between men and women in inheritance implies that injustice exists in all cases with different shares. Consequently, equality would need to be applied across the entire family file, including dowry, custody, and maintenance.

Establishing the demand for equality based on the different statuses of women today, in terms of their work, income, and expenses, means changing and modifying the reason for inheritance from kinship as defined by Sacred Law to productivity or work. Consequently, other changes must be made to the system according to the claims of the reformists. For instance, the disabled and children would be deprived of inheritance because they do not work or produce like women today! Advocating for such changes is akin to reverting to pre-Islamic ignorance when children were denied inheritance because they did not fight. Then, Islam came and granted a child inheritance merely for crying at birth.

Understanding

Allah (Most High) says in the verses of inheritance:

“(This is) an obligation from Allah. Surely Allah is All-Knowing, All-Wise.” [Quran, 4:11],

“(This is) a commandment from Allah. And Allah is All-Knowing, Most Forbearing.” [Quran, 4:12], 

“These (entitlements) are the limits set by Allah. Whoever obeys Allah and His Messenger will be admitted into Gardens under which rivers flow, to stay there forever. That is the ultimate triumph! But whoever disobeys Allah and His Messenger and exceeds their limits will be cast into Hell, to stay there forever. And they will suffer a humiliating punishment.” [Quran, 4:13-14], 

“They request from you a [legal] ruling. Say, ‘Allah gives you a ruling concerning one having neither descendants nor ascendants [as heirs]’” [Quran, 4:176], 

“Allah makes (this) clear to you so you do not go astray. And Allah has (perfect) knowledge of all things.” [Quran, 4:176]

And the Prophet (Allah bless him and give him peace) said:

“Allah has given each person his due right.” [Nasa’i; Tirmidhi; Ahmad; Darimi]

After all this clarification, emphasis, and insistence, someone comes and says: “The ruling is not suitable for our time, and there must be equality between men and women in inheritance!” This is an accusation against the Sacred Law of deficiency and against the Almighty of injustice and lack of fairness. Whenever we do not understand a legislative wisdom or a philosophical dimension of a ruling, do we call for its abolition and demand its modification?!

The Prophet (Allah bless him and give him peace) urged learning the laws of inheritance, and some companions like Zayd Ibn Thabit were distinguished in mastering it. Its verses are decisive and clear to prevent alteration, distortion, and change over time, and to prevent disputes, conflicts, and disagreements about it. It is one of the rare rulings that have been detailed comprehensively and meticulously in the Quran. [Dr. Khalid, al-Musawat fi al-Mirath]

We ask Allah to grant us insight into the reality of our religion and to honor us by allowing us to adhere to and follow it. Indeed, He is Generous and Noble.

[Shaykh] Dr. Muhammad Fayez Awad

Shaykh Dr. Muhammad Fayez Awad, born in Damascus, Syria, in 1965, pursued his Islamic studies in the mosques and institutes of Damascus. A graduate of the Islamic University of Medina in 1985, he holds a Ph.D. in Islamic Studies from Bahauddin Zakariya University in Pakistan.

He has extensive experience developing curricula and enhancing the teaching of various academic courses, including conducting intensive courses. Shaykh Awad has taught Fiqh, Usul al-Fiqh, Quranic sciences, the history of legislation, inheritance laws, and more at several institutes and universities such as Al-Furqan Institute for Islamic Sciences and Majma‘ al-Fath al-Islami in Damascus.

He is a lecturer at the Sultan Muhammad al-Fatih Waqf University in Istanbul, teaching various Arabic and Islamic subjects, and teaches at numerous Islamic institutes in Istanbul. Shaykh Awad is a member of the Association of Syrian Scholars, a founding member of the Zayd bin Thabit Foundation, a member of the Syrian Scholars Association, and a member of the Academic Council at the Iman Center for Teaching the Sunna and Quran.

Among his teachers from whom he received Ijazat are his father, Shaykh Muhammad Muhiyiddin Awad, Shaykh Muhiyiddin al-Kurdi, Shaykh Muhammad Karim Rajih, Shaykh Usama al-Rifai, Shaykh Ayman Suwaid, Shaykh Ahmad al-Qalash, Shaykh Muhammad Awwama, and Shaykh Mamduh Junayd.