Questions About Inheritance

26-11-2002 | IslamWeb

Question:

I am a fifth year student at the University of Asmara. This year I have to prepare a senior paper of any topic in order to fulfill the requirement of the degree program. For that reason, I have chosen to prepare a senior paper in the field of Islamic Law and my paper is titled as 'Inheritance in Islamic Law'. To do this I will need your advice and assistance as well. What I want to ask you is about the status of Muslim women in the Islamic Law of inheritance (in the Sharee'ah).
My questions are as follows:
* Why do women take half the share of a man?
* What is the role of Sharee'ah if a woman wants to go to the secular courts and get an equal share with a man?
* Our Constitution provides that every person is equal under the law but this creates a problem when an issue of Muslim inheritance is raised. So how would you advise me on this point?

---

Answer:

All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad is His slave and Messenger.

May Allah reward you, grant you success and make it easy for you to manage your affairs.

Know, dear brother, that allegation of equality between man and woman, i.e. to treat them on an equal footing in everything without any exception, is a false and abominable claim, against human nature of female and male and in disagreement with the Sharee'ah.

A group of unrealistic Muslims, whose sights were dazzled by the Western culture, took upon themselves the invitation to the above-mentioned claim for the sake of emancipating woman and establishing her rights.

No doubt, according to rational persons with sound nature, an ultimate equality between the two sexes constitutes a real injustice, both for man and woman.

Suppose a man went on a journey with his young son and they had a heavy load. So, a father asked his son to carry half of the load on the plea of equality and justice. No doubt, all rational people will consider such an action as unjust and believe that each one has to carry according to one's ability.

Therefore, sound mind and pure nature state positively that each man/woman has his/her own characteristics that are based on one's mental, psychological and bodily makeup, which is different between the two sexes.

Thus, is it rational to believe that a man and a woman should have the same function although they are different? According to sound mind, pure nature and justice, each one has to assume his/her own duties and rights that he/she can do and accomplish as well as appropriate functions that fit him/her.

This, in fact, is the point of view of Sharee'ah that we are to follow, as Allah Says (what means): {… And your Lord does injustice to no one.} [Quran 18: 49]

As for your question about inheritance in Islam, we state that Allah, The All-Wise, The All Knower, sets only what is beneficial in this worldly life and the Hereafter.

Allah Says (what means):

{Say, "With Allah is the far-reaching argument.} [Quran 6: 149]
{He is not questioned about what He does, but they will be questioned.} [Quran 21: 23]

So, Allah assumed the distribution of inheritance by Himself as stated in the Quran. He never authorized such a thing to the Prophet since this is a serious matter.

The Wisdom behind giving the male twice the share of the female is as follows:

The female does not need money since she is not required to spend on herself or others. In other words, her father, husband, sons are required to maintain her, and this is not the case of man, who is required to maintain his wife, children and parents.

Then, a Muslim is asked to surrender to the Sharee'ah, whether he knows the wisdom behind its rulings or not, although such knowledge gives confidence and peace of mind.

Therefore, a woman is not allowed to receive the same share of man since this constitutes disobedience to Allah and His Messenger.

She is required to recheck her belief as Allah Says (what means): {But no, by your Lord, they will not [truly] believe until they make you, [O Muhammad], judge concerning that over which they dispute among themselves and then find within themselves no discomfort from what you have judged and submit in [full, willing] submission.} [Quran 4: 65]

Allah knows best.