Depriving Daughters of Inheritance: Qur’an and Sunnah Ruling
Taken from: Aḥkām wa Masāʾil, Masāʾil al-Wirāthah, vol.1, p.398
❖ The Question
A man, before his death, instructed his sons: “After my death, be sure to give your sisters their rightful share from my property.”
But after his death, the sons are refusing to give their sisters their inheritance. What is the Sharʿi ruling on such sons in light of Qur’an and Hadith?
❖ The Answer
Al-ḥamdu lillāh, waṣ-ṣalātu wa-s-salāmu ʿalā Rasūlillāh, ammā baʿd:
Islamic law of inheritance is clear and just, detailed in the Qur’an and Sunnah. Both men and women have fixed shares in inheritance as commanded by Allah.
◈ Clear Instructions of the Qur’an
Allah says:
﴿لِّلرِّجَالِ نَصِيبٞ مِّمَّا تَرَكَ ٱلۡوَٰلِدَانِ وَٱلۡأَقۡرَبُونَ وَلِلنِّسَآءِ نَصِيبٞ مِّمَّا تَرَكَ ٱلۡوَٰلِدَانِ وَٱلۡأَقۡرَبُونَ مِمَّا قَلَّ مِنۡهُ أَوۡ كَثُرَۚ نَصِيبٗا مَّفۡرُوضٗا﴾
(al-Nisāʾ:7)
“For men there is a share of what the parents and close relatives leave, and for women there is a share of what the parents and close relatives leave, whether it is little or much—a fixed share.”
This verse makes it clear that daughters have a compulsory share in inheritance, regardless of the amount of wealth.
◈ The Consequences of Disobeying Allah
Allah further warns:
﴿وَمَن يَعۡصِ ٱللَّهَ وَرَسُولَهُۥ وَيَتَعَدَّ حُدُودَهُۥ يُدۡخِلۡهُ نَارًا خَٰلِدٗا فِيهَا وَلَهُۥ عَذَابٞ مُّهِينٞ﴾
(al-Nisāʾ:14)
“Whoever disobeys Allah and His Messenger and transgresses His limits—He will admit him into a Fire, to remain therein forever, and he will have a humiliating punishment.”
Thus, those who deny rightful inheritance shares are violating Allah’s prescribed limits and are under the threat of severe punishment.
◈ Sharʿi Analysis of the Case
➊ The father’s instruction during his life to give the daughters their share makes it even clearer that this obligation cannot be ignored.
➋ After his death, the estate must be distributed strictly according to Sharʿi inheritance laws, and daughters must receive their fixed share.
➌ The refusal of the brothers to give their sisters their due is a grave sin and open disobedience to Allah, falling under the Qur’anic warning of Hellfire and disgrace.
❖ Advice
Such verses must be recited and explained to these sons so they realize their grave mistake, repent sincerely, and immediately give their sisters their rightful Sharʿi inheritance.
ھذا ما عندي، والله أعلم بالصواب
