Q&A: Under Islamic law, why is a woman’s share of the inherited wealth only half that of a man?

Answer:

1. Inheritance in the Qur’an

The Glorious Qur’an contains specific and detailed guidance regarding the

division of the inherited wealth, among the rightful beneficiaries.

The Qur’anic verses that contain guidance regarding inheritance are:

* Surah Baqarah, chapter 2 verse 180

* Surah Baqarah, chapter 2 verse 240

* Surah Nisa, chapter 4 verse 7-9

* Surah Nisa, chapter 4 verse 19

* Surah Nisa, chapter 4 verse 33 and

* Surah Maidah, chapter 5 verse 106-108

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2. Specific share of inheritance for the relatives

There are three verses in the Qur’an that broadly describe the share of close

relatives i.e. Surah Nisah chapter 4 verses 11,12 and 176. The translation of

these verses are as follows:

“Allah (thus) directs you as regards your children’s (inheritance): to the

male, a portion equal to that of two females, if only daughters, two or

more, their share is two-thirds of the inheritance; If only one, her share

is a half.

For parents, a sixth share of the inheritance to each, if the deceased left

children; If no children, and the parents are the (only) heirs, the mother

has a third; if the deceased left brothers (or sisters) the mother has a

sixth. (The distribution in all cases is) after the payment of legacies

and debts. Ye know not whether your parents or your children are

nearest to you in benefit. These are settled portions ordained by Allah;

and Allah is All-Knowing, All-Wise.

In what your wives leave, your share is half. If they leave no child; but

if they leave a child, ye get a fourth; after payment of legacies and

debts. In what ye leave, their share is a fourth, if ye leave no child; but

if ye leave a child, they get an eight; after payment of legacies and

debts. If the man or woman whose inheritance is in question, has left

neither ascendants nor descendants, but has left a brother or a sister,

each one of the two gets a sixth; but if more than two, they share in a

third; after payment of legacies and debts; so that no loss is caused (to

anyone). Thus it is ordained by Allah; and Allah is All-Knowing Most

Forbearing”

[Al-Qur’an 4:11-12]

“They ask thee for a legal decision. Say: Allah directs (them) about

those who leave no descendants or ascendants as heirs. If it is a man

that dies, leaving a sister but no child, she shall have half the

inheritance. If (such a deceased was) a woman who left no child, Her

brother takes her inheritance. If there are two sisters, they shall have

two thirds of the inheritance (between them). If there are brothers and

sisters, (they share), the male having twice the share of the female.

Thus doth Allah (swt) makes clear to you (His knowledge of all things).

[Al-Qur’an 4:176]

3. Female some times inherits same or more than male counter part

In most of the cases, a woman inherits half of what her male counterpart inherits.

However, this is not always the case. In case the deceased has left no ascendant

or descendent but has left the uterine brother and sister, each of the two inherit

one sixth.

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If the deceased has left children, both the parents that is mother and father get

an equal share and inherit one sixth each. In certain cases, a woman can also

inherit a share that is double that of the male. If the deceased is a woman who

has left no children, brothers or sisters and is survived only by her husband,

mother and father, the husband inherits half the property while the mother

inherits one third and the father the remaining one sixth. In this particular case,

the mother inherits a share that is double that of the father.

4. Female usually inherits half the share of that of the male counter part

It is true that as a general rule, in most cases, the female inherits a share that

is half that of the male. For instance in the following cases:

1. daughter inherits half of what the son inherits,

2. wife inherits 1 /8th and husband 1 /4th if the deceased has no children.

3. Wife inherits 1 /4th and husband 1/2 if the deceased has children

4. If the deceased has no ascendant or descendent, the sister inherits a share

that is half that of the brother.

5. Male inherits double than the female because he financially

su pports the family

In Islam a woman has no financial obligation and the economical responsibility

lies on the shoulders of the man. Before a woman is married it is the duty of the

father or brother to look after the lodging, boarding, clothing and other financial

requirements of the woman. After she is married it is the duty of the husband or

the son. Islam holds the man financially responsible for fulfilling the needs of his

family. In order to do be able to fulfill the responsibility the men get double the

share of the inheritance. For example, if a man dies leaving about Rs. One

Hundred and Fifty Thousand, for the children (i.e one son and one daughter) the

son inherits One Hundred Thousand rupees and the daughter only Fifty

Thousand rupees. Out of the one hundred thousand which the son inherits, as

his duty towards his family, he may have to spend on them almost the entire

amount or say about eighty thousand and thus he has a small percentage of

inheritance, say about twenty thousand, left for himself. On the other hand, the

daughter, who inherits fifty thousand is not bound to spend a single penny on

anybody. She can keep the entire amount for herself. Would you prefer

inheriting one hundred thousand rupees and spending eighty thousand from it,

or inheriting fifty thousand rupees and having the entire amount to yourself?

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15. IS THE QUR’AN GOD’S WORD?

Question

How can you prove that the Qur’an is the word of God?

Answer

(to be corrected and provided after a few days )

* approximately 5 pages

16. HEREAFTER – LIFE AFTER DEATH

Question

How can you prove the existence of hereafter, i.e. life after death?

Answer

1. Belief in the hereafter is not based on blind faith?

Many people wonder as to how a person with a scientific and logical

temperament, can lend any credence to the belief of life after death. People

assume that anyone believing in the hereafter is doing so on the basis of blind

belief.

My belief in the hereafter is based on a logical argument.

2. Hereafter a logical belief

There are more than a thousand verses in the Glorious Qur’an, containing

scientific facts (refer my book “Qur’an and Modern Science-Compatible or

Incompatible?”). Many facts mentioned in the Qur’an have been discovered in

the last few centuries. But science has not advanced to a level where it can

confirm every statement of the Qur’an.

Suppose 80% of all that is mentioned in the Qur’an has been proved 100% correct.

About the remaining 20%, science makes no categorical statement, since it has

not advanced to a level, where it can either prove or disprove these statements.

With the limited knowledge that we have, we cannot say for sure whether even a

single percentage or a single verse of the Qur’an from this 20% portion is wrong.

Thus when 80% of the Qur’an is 100% correct and the remaining 20% is not

disproved, logic says that even the 20% portion is correct. The existence of the

hereafter, which is mentioned in the Qur’an, falls in the 20% ambiguous portion

which my logic says is correct.

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3. Concept of peace and human values is useless without the

concept of hereafter

Is robbing a good or an evil act? A normal balanced person would say it is evil.

How would a person who does not believe in the hereafter convince a powerful

and influential criminal that robbing is evil?

Suppose I am the most powerful and influential criminal in the world. At the

same time I am an Intelligent and a logical person. I say that robbing is good

because it helps me lead a luxurious life. Thus robbing is good for me.

If anybody can put forward a single logical argument as to why it is evil for me,

I will stop immediately. People usually put forward the following arguments:

a. The person who is robbed will face difficulties

Some may say that the person who is robbed will face difficulties. I certainly

agree that it is bad for the person who is robbed. But it is good for me. If I rob

a thousand dollars, I can enjoy a good meal at a 5 star restaurant.

b. Some one may rob you

Some people argue that someday I may be robbed. No one can rob me

because I am a very powerful criminal and I have hundreds of bodyguards. I can

rob anybody but nobody can rob me. Robbing may be a risky profession for a

common man but not for an influential person like me.

c. The police may arrest you

Some may say, if you rob, you can be arrested by the police. The police cannot

arrest me because I have the police on my payroll. I have the ministers on my

payroll. I agree that if a common man robs, he will be arrested and it will be bad

for him, but I am an extraordinarily influential and powerful criminal.

Give me one logical reason why it is bad for me and I will stop robbing.

d. Its easy money

Some may say its easy money and not hard-earned money. I agree completely

that it is easy money, and that is one of the main reasons why I rob. If a person

has the option of earning money the easy as well as the hard way, any logical

person would choose the easy way.

e. It is against humanity

Some may say it is against humanity and that a person should care for other

human beings. I counter argue by asking as to who wrote this law called

‘humanity’ and why should I follow it?

This law may be good for the emotional and sentimental people but I am a

logical person and I see no benefit in caring for other human beings.

f. It is a selfish act

Some may say that robbing is being selfish. It is true that robbing is a selfish act;

but then why should I not be selfish? It helps me enjoy life.

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1. No logical reason for robbing being an evil act

Hence all arguments that attempt to prove that robbing is an evil act are futile.

These arguments may satisfy a common man but not a powerful and influential

criminal like me. None of the arguments can be defended on the strength of reason

and logic. It is no surprise that there are so many criminals in this world.

Similarly raping, cheating etc. can be justified as good for a person like me and

there is no logical argument that can convince me that these things are bad.

2. A Muslim can convince a powerful and influential criminal

Now let us switch sides. Suppose you are the most powerful and influential

criminal in the world, who has the police and the ministers on his payroll. You

have army of thugs to protect you. I am a Muslim who will convince you that

robbing, raping, cheating, etc. are evil acts.

Even if I put forth the same arguments to prove that robbing is evil the criminal

will respond the same way as he did earlier.

I agree that the criminal is being logical and all his arguments are true only

when he is the most powerful and influential criminal.

3. Every human being wants justice

Each and every human being desires justice. Even if he does not want justice

for others he wants justice for himself. Some people are intoxicated by power

and influence and inflict pain and suffering on others. The same people,

however, would surely object if some injustice was done to them. The reason

such people become insensitive to the suffering of others is that they worship

power and influence. Power and influence, they feel, not only allows them to

inflict injustice on others but also prevents others from doing likewise to them.

4. God is Most Powerful and Just

As a Muslim I would convince the criminal about the existence of Almighty God

(refer to answer proving the existence of God). This God is more powerful than

you and at the same time is also just. The Glorious Qur’an says:

“Allah is never unjust in the least degree”

[Al-Qur’an 4:40]

5. Why does God not punish me?

The criminal, being a logical and scientific person, agrees that God exists, after

being presented with scientific facts from the Qur’an. He may argue as to why

God, if He is Powerful and Just, does not punish him.

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6. The people who do injustice should be punished

Every person who has suffered injustice, irrespective of financial or social

status, almost certainly wants the perpetrator of injustice to be punished. Every

normal person would like the robber or the rapist to be taught a lesson. Though

a large number of criminals are punished, many even go scot-free. They lead a

pleasant, luxurious life, and even enjoy a peaceful existence. If injustice is done

to a powerful and influential person, by someone more powerful and more

influential than he, even such a person would want that person perpetrators of

injustice to be punished.

7. This life is a test for the hereafter

This life is a test for the hereafter. The Glorious Qur’an says:

“He who created Deathand life that He may try which of you is best in

deed; and He is the Exalted in Might, Oft-Forgiving”

[Al-Qur’an 67:2]

8. Final justice on day of judgement

The Glorious Qur’an says:

“Every soul shall have a taste of death: and only on the Day of

Judgement shall you be paid your full recompense. Only he who is

saved far from the Fire and admitted to the Garden will have attained

the object (of life): for the life of this world is but goods and chattels of

deception.”

[Al-Qur’an 3:185]

Final justice will be meted out on the Day of Judgement. After a person dies, he

will be resurrected on the Day of Judgement along with the rest of mankind. It

is possible that a person receives part of his punishment in this world. The final

reward and punishment will only be in the hereafter. God Almighty may not

punish a robber or a rapist in this world but he will surely be held accountable

on the Day of Judgement and will be punished in the hereafter i.e. life after

death.

9. What punishment can the human law give Hitler?

Hitler incinerated six million Jews during his reign of terror. Even if the

police had arrested him, what punishment can the human law give Hitler

for justice to prevail? The most they can do is to send Hitler to the gas

chamber. But that will only be punishment for the killing of one Jew.

What about the remaining five million, nine hundred and ninety nine

thousand, nine hundred and ninety-nine Jews?

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10. Allah can burn Hitler more than six million times in hellfire

Allah say in the Glorious Qur’an:

“Those who reject Our signs, We shall sooncast into the Fire;as often as

their skins are roasted through, We shall change them for fresh skins,

that they may taste the penalty: for Allah is Exalted in Power, Wise”

[Al-Qur’an 4:56]

If Allah wishes he can incinerate Hitler six million times in the hereafter in the

hellfire.

11. No concept of human values or good and bad without concept

of hereafter

It is clear that without convincing a person about the hereafter, i.e. life after

death, the concept of human values and the good or evil nature of acts is

impossible to prove to any person who is doing injustice especially when he is

influential and powerful.

17. WHY ARE MUSLIMS DIVIDED INTO SECTS /

DIFFERENT SCHOOLS OF THOUGHT?

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