Why Does a Female Inherit Less than a Male?
Shafi'i Fiqh
Answered By Shaykh Dr. Muhammad Fayez Awad
Question
Why does a female inherit less than a male in Islamic inheritance?
Answer
Praise be to Allah, Lord of the worlds, and peace and blessings be upon His noble messenger, his family, and all his companions.
Inheritance
Islam has established a precise and just system for the distribution of inheritance among eligible heirs in a way that cuts off disputes. It does not allow emotions, whims, and biases to interfere in this matter; as the owner of the wealth might favor one of the heirs for a particular reason, either out of love for that person or out of spite for other heirs.
This can breed resentment among the remaining heirs and fuel enmity among them; hence the prohibition of bequeathing to an heir, and the prohibition of increasing the share of one heir over another unless permitted by the rest of the heirs.
Islam precisely determined what each heir deserves, and this is not subject to individual interpretation, nor does the testator have the right to disinherit any of the heirs.
In this way, Islam has managed to maintain the strength of family ties, prevent weakening these bonds, and eliminate the problems that arise from disputes over the distribution of the estate and and the monopolization of it by the powerful, which could spread hatred among relatives and sow grudges in their hearts.
Indeed, Allah is the One to whom the decrees return, and He is the One who distributes inheritance among people. What Allah commands and decrees, especially regarding the division of people’s wealth and estates among their offspring and children, is most beneficial and just for them, compared to what they would divide for themselves.
Allah’s Decree
Allah (Most High) has decreed that the share of a male is like the share of two females in inheritance (in the case of sons and daughters). Allah (Most High) says:
“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 fulfilment of bequests and debts. (Be fair to) your parents and children, as you do not (fully) know who is more beneficial to you. Allah commands you regarding your children: the share of the male will be twice that of the female. (This is) an obligation from Allah. Surely Allah is All-Knowing, All-Wise.” [Quran, 4:11]
Some have exploited this provision and have made unfounded claims about inheritance, alleging that Islam is unjust to women and denies them their rights, as it gives them half of what a man receives.
Wisdom
This legislation is the epitome of justice, and it is logical for a woman to inherit half of what a man does, as the financial responsibilities of a man are greater and more substantial. Islam has obligated men to provide for women in various stages of their life — in their childhood, youth, or old age — including expenses and dowries.
If we were to equalize the inheritance shares between men and women, it would be a clear injustice to men for the following reasons:
The wisdom behind the difference in inheritance between men and women includes the obligations Islam places on men for marriage expenses, providing for the family, and the woman’s entitlement to a dowry and maintenance.
However, there are situations where men and women are equal in inheritance, and sometimes a woman may inherit more than a man. It’s essential to recognize the justice of Allah in His rulings and not to doubt His legislation. The Quran’s stipulation of a woman inheriting half of what a man does is not a general rule for all male and female heirs. It specifically addresses the case of children and siblings, as stated in the verse:
“Allah instructs you concerning your children: for the male, what is equal to the share of two females.” [Quran, 4:11], and it doesn’t say this for all heirs.
Sayings of Some Scholars
Ibn Kathir (Allah have mercy on him) stated: “Allah differentiated between the two genders, giving the male the equivalent of the share of two females. This is because men are burdened with financial responsibilities, the costs of earning a living, and the hardships of trade and earning, so it is appropriate that they are given double what females receive.” [Ibn Kathir, Tafsir Ibn Kathir]
Shaykh al-Islam Zakariya al-Ansari (Allah have mercy on him) said: “If sons and daughters coexist, the male inherits the equivalent of the share of two females, as unanimously agreed upon and supported by the verses:
“Allah commands you regarding your children: the share of the male will be twice that of the female.” [Quran, 4:11]
“But if the deceased leaves male and female siblings, a male’s share will be equal to that of two females.” [Quran, 4:176]
The preference of the male over the female is because he is responsible for women in terms of providing for them and other aspects.” [Ansari, Asna al-Matalib]
Ibn Mundhir (Allah have mercy on him) said: “Scholars unanimously agree that if a deceased person’s wealth is to be distributed among their children and there are no other inheritors with a fixed share, the male would receive the equivalent of the share of two females.” [Ibn an-Mundhir, al-Ijma‘, al-Awsat min al-Sunan wa al-Ijma‘ wa al-Ikhtilaf, al-Ishraf min Madhahib al-‘Ulama]
Scenarios
Upon reviewing the cases of female inheritance, we find that it is rare for a woman to inherit half of what a man does. In most cases, she inherits more than or equal to him. The scenarios of her inheritance are classified as follows, and we will mention examples of some of these cases:
- There are only five scenarios where a woman inherits half of what a man does:
- A daughter with a son, and a son’s daughter with a son’s son; as Allah says: “Allah commands you regarding your children: the share of the male will be twice that of the female.” [Quran, 4:11]
- A full sister with a full brother; as stated in the verse: “But if the deceased leaves male and female siblings, a male’s share will be equal to that of two females.” [Quran, 4:176]
- A paternal sister with a paternal brother; as mentioned in the same verse (Quran, 4:176).
- A mother with a father in the absence of children; as Allah says: “But if you are childless and your parents are the only heirs, then your mother will receive one-third.” [Quran, 4:11]
- A husband and a wife; as Allah says: “You will inherit half of what your wives leave if they are childless. But if they have children, then (your share is) one-fourth of the estate—after the fulfilment of bequests and debts. And your wives will inherit one-fourth of what you leave if you are childless.” [Quran, 4:12]
- There are more than thirty scenarios where a woman inherits the same as a man.
- In six scenarios, a woman inherits more than a man:
- The mother with the grandfather in the presence of a husband; the mother inherits a third, the husband a half, and the grandfather the remainder, which is a sixth.
- A daughter or a son’s daughter with a husband; the daughter or son’s daughter gets half as a fixed share and the remainder by return, and the husband gets a quarter.
- A daughter or a son’s daughter with a husband in the presence of a full brother, a paternal brother, or a full paternal uncle, etc.; the daughter or son’s daughter receives half as a fixed share, the husband a quarter, and the agnate (Asaba) inherits the remainder, which is a quarter.
- Two daughters with a husband, father, and mother; the share of the two daughters is two-thirds, which is more than what two sons would get in their place.
- Two full sisters with a husband, a maternal brother, and a mother; the share of the two sisters is two-thirds, which is more than what two full brothers would get in their place.
- Two paternal sisters with a husband, a maternal brother, and a mother; the share of the two sisters is two-thirds, which is more than what two paternal brothers would get in their place.
- There are scenarios where a woman inherits but her male counterpart does not.
Deception
Muslims, particularly the youth, should be wary of heeding deceptive calls that stray from the religion and corrupt its people. Such calls are like foam that disappears, as Allah says:
“The (worthless) scum is then cast away, but what benefits people remains on the earth. This is how Allah sets forth parables.” [Quran, 13:17]
Do not be deceived by the frequent repetition and circulation of their words, for falsehood vanishes when faced with the truth. Allah, the Exalted, says:
“In fact, We hurl the truth against falsehood, leaving it crushed, and it quickly vanishes. And woe be to you for what you claim!” [Quran, 21:18]
O Allah, preserve our religion for us and keep us steadfast in Islam and the Sunna until we meet You, O Lord of the worlds.
May Allah’s peace, blessings, and mercy be upon our Prophet Muhammad, his family, and all his companions.
[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.
