Source: Ahkām wa Masā’il: Kitāb-o-Sunnat kī Roshni Mein by Shaykh Mubashir Ahmad Rabbānī
According to the Qur’an, Islam grants daughters half the share of sons in inheritance. Human rights advocates consider this unjust. Recently, Sindh High Court Justice Shahid Usmani called for ijtihād (reinterpretation) on this Qur'anic ruling. Is this divine ruling unfair and against gender equality? Can ijtihād be done on clear and explicit rulings from the Qur’an and Sunnah?
In modern times, Jews and Christians, through deceitful slogans, aim to divert Muslims from the straight path. Under the pretext of women’s rights, gender equality, family planning, and social welfare, they spread a satanic culture intending to mislead the new Muslim generation—especially women—into rebellion against Allah and His Messenger ﷺ.
Mass media is heavily used to spread the devastating impacts of Western civilization. Secular intellectuals—whether journalists, advocates of unveiling, or misguided scholars trained under orientalists—parrot the language of Jews and Hindus and hurl accusations at the just commands of the Lord of the Worlds. These people consider themselves more merciful than Allah Himself.
Islam has granted unparalleled rights to women, unmatched by any other religion. Before Islam, women were treated with utter disgrace, as the Qur’an describes:
﴿وَإِذَا بُشِّرَ أَحَدُهُم بِالْأُنثَىٰ ظَلَّ وَجْهُهُ مُسْوَدًّا وَهُوَ كَظِيمٌ * يَتَوَارَىٰ مِنَ الْقَوْمِ مِن سُوٓءِ مَا بُشِّرَ بِهِ أَيُمْسِكُهُ عَلَىٰ هُونٍ أَمْ يَدُسُّهُ فِي التُّرَابِ ۗ أَلَا سَآءَ مَا يَحْكُمُونَ﴾
(an-Naḥl: 58–59)
“When any of them is given the glad tidings of a daughter, his face darkens, and he is filled with grief. He hides from the people because of the shame of the good news. Should he keep her in disgrace or bury her in the earth? What an evil judgment they make!”
From this verse, it is clear that before Islam, women were degraded to the lowest depths. Islam, however, bestowed upon her dignity, honor, chastity, and numerous rights as a mother, sister, wife, and daughter, lifting her from humiliation to the peak of respect.
Yet, Western nations and their local secular followers could not tolerate this. Under the guise of “women's rights,” they stripped her of her modesty and dragged her to public indecency. These secular liberals criticize the very rights Islam has given to women, particularly in matters such as inheritance, testimony, leadership, interaction with men, modesty, and hijab—falsely labeling them as injustice.
In truth, these critics themselves have historically deprived women of their actual rights, especially regarding inheritance. Before Islam, women had no share in inheritance whatsoever, as pagans believed that women could neither fight in wars nor protect their family honor, so how could they inherit wealth?
❖ Imām Saʿīd ibn Jubayr and Imām Mujāhid رحمهما الله report:
“The pagans allocated inheritance only to adult men, excluding women and children. Then Allah revealed:
﴿لِلرِّجَالِ نَصِيبٌ مِّمَّا تَرَكَ الْوَالِدَانِ وَالْأَقْرَبُونَ وَلِلنِّسَاءِ نَصِيبٌ مِّمَّا تَرَكَ الْوَالِدَانِ وَالْأَقْرَبُونَ مِمَّا قَلَّ مِنْهُ أَوْ كَثُرَ ۚ نَصِيبًا مَّفْرُوضًا﴾
(al-Nisā’: 7)
‘For men is a share of what the parents and close relatives leave, and for women is a share of what the parents and close relatives leave, whether little or much—a share ordained (by Allah).’”
Tafsīr Ibn Kathīr 2/194–198; Tafsīr Ibn Abī Ḥātim 3/872
Thus, Islam guaranteed women the right to inherit, which was previously denied. Even Jews and Christians practiced injustice—while they officially recognized women’s inheritance, they annulled it practically by restricting marriage within the same tribe.
As mentioned in the Old Testament, Book of Numbers (Chapter 36, verses 6–8):
“This is what the Lord commands concerning the daughters of Zelophehad: They may marry anyone they please as long as they marry within their father's tribal clan. No inheritance in Israel is to pass from one tribe to another, for every Israelite shall keep the tribal inheritance of their ancestors.”
This shows that Christian women were denied true freedom and inheritance, yet these very people—unfamiliar with Islam’s teachings—dare to question its laws, despite Allah being the Most Just.
Allah the Almighty says:
﴿يُوصِيكُمُ اللَّهُ فِي أَوْلَادِكُمْ لِلذَّكَرِ مِثْلُ حَظِّ الْأُنثَيَيْنِ﴾
(an-Nisā’: 11)
“Allah instructs you concerning your children: for the male, a share equal to that of two females.”
This verse establishes the principle of inheritance: if a deceased leaves behind both sons and daughters, the male receives twice the share of the female. This is not oppression but pure justice.
Why? Because financial responsibility in Islam rests on men, not women. A man is responsible for:
Whereas a woman:
If she were given an equal share to men, it would burden the men unfairly, since they also carry all financial duties.
Imām Ibn al-Qayyim رحمه الله stated in Iʿlām al-Muwaqqiʿīn (2/113):
“Inheritance is linked to financial responsibility. A son serves his father financially more than a daughter, so he rightfully inherits more.”
There are also situations where men and women inherit equally, such as:
﴿وَلِأَبَوَيْهِ لِكُلِّ وَاحِدٍ مِّنْهُمَا السُّدُسُ﴾
(an-Nisā’: 11)
“For parents—each one of them receives one-sixth of what is left, if the deceased had children.”
In some cases, a woman may even inherit more than a man, e.g., if the deceased has one daughter and two brothers, the daughter receives half, while the two brothers share the other half—less than the daughter’s share.
This proves that Islamic inheritance law is based on justice, wisdom, and familial closeness, not gender bias.
No, it is not permissible to perform ijtihād (independent legal reasoning) on explicit and definitive rulings of the Qur’an and Sunnah. These rulings are fixed, eternal, and not subject to reinterpretation by judges or scholars. Any attempt to change them is tampering with divine revelation and is a grave transgression.
❖ Question:
According to the Qur’an, Islam grants daughters half the share of sons in inheritance. Human rights advocates consider this unjust. Recently, Sindh High Court Justice Shahid Usmani called for ijtihād (reinterpretation) on this Qur'anic ruling. Is this divine ruling unfair and against gender equality? Can ijtihād be done on clear and explicit rulings from the Qur’an and Sunnah?
✿ Answer:
In modern times, Jews and Christians, through deceitful slogans, aim to divert Muslims from the straight path. Under the pretext of women’s rights, gender equality, family planning, and social welfare, they spread a satanic culture intending to mislead the new Muslim generation—especially women—into rebellion against Allah and His Messenger ﷺ.
Mass media is heavily used to spread the devastating impacts of Western civilization. Secular intellectuals—whether journalists, advocates of unveiling, or misguided scholars trained under orientalists—parrot the language of Jews and Hindus and hurl accusations at the just commands of the Lord of the Worlds. These people consider themselves more merciful than Allah Himself.
Islam has granted unparalleled rights to women, unmatched by any other religion. Before Islam, women were treated with utter disgrace, as the Qur’an describes:
﴿وَإِذَا بُشِّرَ أَحَدُهُم بِالْأُنثَىٰ ظَلَّ وَجْهُهُ مُسْوَدًّا وَهُوَ كَظِيمٌ * يَتَوَارَىٰ مِنَ الْقَوْمِ مِن سُوٓءِ مَا بُشِّرَ بِهِ أَيُمْسِكُهُ عَلَىٰ هُونٍ أَمْ يَدُسُّهُ فِي التُّرَابِ ۗ أَلَا سَآءَ مَا يَحْكُمُونَ﴾
(an-Naḥl: 58–59)
“When any of them is given the glad tidings of a daughter, his face darkens, and he is filled with grief. He hides from the people because of the shame of the good news. Should he keep her in disgrace or bury her in the earth? What an evil judgment they make!”
From this verse, it is clear that before Islam, women were degraded to the lowest depths. Islam, however, bestowed upon her dignity, honor, chastity, and numerous rights as a mother, sister, wife, and daughter, lifting her from humiliation to the peak of respect.
Yet, Western nations and their local secular followers could not tolerate this. Under the guise of “women's rights,” they stripped her of her modesty and dragged her to public indecency. These secular liberals criticize the very rights Islam has given to women, particularly in matters such as inheritance, testimony, leadership, interaction with men, modesty, and hijab—falsely labeling them as injustice.
In truth, these critics themselves have historically deprived women of their actual rights, especially regarding inheritance. Before Islam, women had no share in inheritance whatsoever, as pagans believed that women could neither fight in wars nor protect their family honor, so how could they inherit wealth?
❖ Imām Saʿīd ibn Jubayr and Imām Mujāhid رحمهما الله report:
“The pagans allocated inheritance only to adult men, excluding women and children. Then Allah revealed:
﴿لِلرِّجَالِ نَصِيبٌ مِّمَّا تَرَكَ الْوَالِدَانِ وَالْأَقْرَبُونَ وَلِلنِّسَاءِ نَصِيبٌ مِّمَّا تَرَكَ الْوَالِدَانِ وَالْأَقْرَبُونَ مِمَّا قَلَّ مِنْهُ أَوْ كَثُرَ ۚ نَصِيبًا مَّفْرُوضًا﴾
(al-Nisā’: 7)
‘For men is a share of what the parents and close relatives leave, and for women is a share of what the parents and close relatives leave, whether little or much—a share ordained (by Allah).’”
Tafsīr Ibn Kathīr 2/194–198; Tafsīr Ibn Abī Ḥātim 3/872Thus, Islam guaranteed women the right to inherit, which was previously denied. Even Jews and Christians practiced injustice—while they officially recognized women’s inheritance, they annulled it practically by restricting marriage within the same tribe.
As mentioned in the Old Testament, Book of Numbers (Chapter 36, verses 6–8):
“This is what the Lord commands concerning the daughters of Zelophehad: They may marry anyone they please as long as they marry within their father's tribal clan. No inheritance in Israel is to pass from one tribe to another, for every Israelite shall keep the tribal inheritance of their ancestors.”
This shows that Christian women were denied true freedom and inheritance, yet these very people—unfamiliar with Islam’s teachings—dare to question its laws, despite Allah being the Most Just.
❖ Divine Law on Inheritance:
Allah the Almighty says:
﴿يُوصِيكُمُ اللَّهُ فِي أَوْلَادِكُمْ لِلذَّكَرِ مِثْلُ حَظِّ الْأُنثَيَيْنِ﴾
(an-Nisā’: 11)
“Allah instructs you concerning your children: for the male, a share equal to that of two females.”
This verse establishes the principle of inheritance: if a deceased leaves behind both sons and daughters, the male receives twice the share of the female. This is not oppression but pure justice.
Why? Because financial responsibility in Islam rests on men, not women. A man is responsible for:
- His wife
- Children
- Elderly parents
- Servants
- All family expenses
Whereas a woman:
- Is given dowry (mahr)
- Inherits from her father, husband, brother, and son
- Has no obligation to spend on herself or others
- May save or invest her wealth freely
If she were given an equal share to men, it would burden the men unfairly, since they also carry all financial duties.
❖ Wisdom of Allah’s Division:
Imām Ibn al-Qayyim رحمه الله stated in Iʿlām al-Muwaqqiʿīn (2/113):
“Inheritance is linked to financial responsibility. A son serves his father financially more than a daughter, so he rightfully inherits more.”
There are also situations where men and women inherit equally, such as:
﴿وَلِأَبَوَيْهِ لِكُلِّ وَاحِدٍ مِّنْهُمَا السُّدُسُ﴾
(an-Nisā’: 11)
“For parents—each one of them receives one-sixth of what is left, if the deceased had children.”
In some cases, a woman may even inherit more than a man, e.g., if the deceased has one daughter and two brothers, the daughter receives half, while the two brothers share the other half—less than the daughter’s share.
This proves that Islamic inheritance law is based on justice, wisdom, and familial closeness, not gender bias.
❖ Can Ijtihād Be Done on Clear Texts?
No, it is not permissible to perform ijtihād (independent legal reasoning) on explicit and definitive rulings of the Qur’an and Sunnah. These rulings are fixed, eternal, and not subject to reinterpretation by judges or scholars. Any attempt to change them is tampering with divine revelation and is a grave transgression.
Conclusion:
- The division of inheritance in Islam is just and wise, not discriminatory.
- Women receive less only in specific contexts due to lack of financial obligation.
- Sometimes, women receive equal or even more than men.
- Ijtihād is not allowed on fixed rulings from the Qur’an and authentic Sunnah.
- Critics are often unaware of the divine wisdom behind these laws.
