✦ Principles of Justice and Wisdom in Islamic Inheritance ✦
❖ Addressing the Objections on Islamic Inheritance
Some critics argue that the Islamic inheritance system lacks justice—particularly questioning why a woman's share is half that of a man. However, this objection stems from a misunderstanding of the foundational principles of Islamic inheritance, which are not based on gender differences but on three core principles:
The closer the heir is to the deceased, the greater their share—regardless of gender.
For example:
✔ A daughter receives more than the mother,
✔ A son receives more than the father.
The next generation (like sons and daughters) receives more than the previous one (like parents), because they are burdened with ongoing responsibilities in life.
The more financial responsibility an heir carries, the larger their share. This justifies why, in some cases, men inherit more—since they are financially responsible for women in various roles.
Islamic inheritance laws provide for four distinct scenarios regarding the distribution between men and women:
This occurs in specific and limited cases, such as:
◈ Sons and Daughters:
If the deceased leaves behind both sons and daughters, the son gets double the daughter’s share.
However, the daughter has no financial responsibilities, whereas the son must spend on his wife and family.
Example:
Inheritance = 30,000
◈ Full or Consanguine Siblings:
The same applies to sisters in the presence of brothers—they receive half the share.
◈ Parents (in absence of children):
Mother receives one-third, father gets the remaining two-thirds—due to his financial responsibilities.
◈ Husband and Wife:
In several cases, men and women inherit equally, such as:
◈ Parents (with children):
Each receives one-sixth.
◈ Maternal Siblings (Kalālah):
Equal share between maternal brothers and sisters.
◈ Full Siblings (in presence of spouse):
When the deceased leaves behind a spouse and one full sibling, both genders receive equal portions.
◈ Other Jurisprudential Cases:
There are numerous instances where full, consanguine, and uterine siblings receive equal shares.
In multiple cases, a woman’s share exceeds that of a man:
◈ Two-thirds:
This is the largest share in inheritance and is often given to women—like two or more daughters, granddaughters, or sisters.
◈ Half:
This share is awarded to four women:
◈ One-third:
The mother receives this when the deceased has no children.
◈ Other Shares:
Shares of ⅙, ¼, and ⅛ also sometimes provide women greater benefit due to their lack of financial responsibility.
◈ In some jurisprudential rulings, a uterine sister may inherit while the uterine brother does not.
◈ In some cases, the entire inheritance may go to a woman:
For instance, a sole daughter or wife may inherit the entire estate in the absence of other heirs.
During the Age of Ignorance, women were entirely excluded from inheritance. Islam granted them rights with clear stipulations.
Before marriage, a daughter’s expenses are covered by the father. After divorce, she returns to the care of her father or legal guardian.
The husband is obligated to provide food, clothing, shelter, and other needs to the wife—regardless of her wealth.
The Qur’an emphasizes respect and care for parents, especially the mother, whose right is stated to be three times greater than the father's.
"وَلَا تَتَمَنَّوْا مَا فَضَّلَ اللَّهُ بِهِ بَعْضَكُمْ عَلَىٰ بَعْضٍ ۚ لِلرِّجَالِ نَصِيبٌ مِّمَّا اكْتَسَبُوا ۖ وَلِلنِّسَاءِ نَصِيبٌ مِّمَّا اكْتَسَبْنَ"
(Surah An-Nisa 4:32)
“Do not wish for that in which Allah has preferred some of you over others. For men is a share of what they have earned, and for women is a share of what they have earned.”
This verse teaches that any difference in worldly distribution is based on divine wisdom and justice, and in the Hereafter, reward will be based solely on faith and deeds.
This article is based on the book “Imtiyāz al-Mar’ah ʿalā al-Rajul fī al-Mīrāth wa al-Nafaqah” by Dr. Salahuddin Sultan, and includes insights from other sources like ʿIlm al-Farā’iḍ, Taysīr Fiqh al-Mawārīth, and al-Mawārīth fī al-Sharīʿah al-Islāmiyyah.
❖ Addressing the Objections on Islamic Inheritance
Some critics argue that the Islamic inheritance system lacks justice—particularly questioning why a woman's share is half that of a man. However, this objection stems from a misunderstanding of the foundational principles of Islamic inheritance, which are not based on gender differences but on three core principles:
① Degree of Relationship (Proximity to the Deceased)
The closer the heir is to the deceased, the greater their share—regardless of gender.
For example:
✔ A daughter receives more than the mother,
✔ A son receives more than the father.
② Responsibility Toward Future Generations
The next generation (like sons and daughters) receives more than the previous one (like parents), because they are burdened with ongoing responsibilities in life.
③ Financial Obligations
The more financial responsibility an heir carries, the larger their share. This justifies why, in some cases, men inherit more—since they are financially responsible for women in various roles.
❖ Four Possible Scenarios in Islamic Inheritance
Islamic inheritance laws provide for four distinct scenarios regarding the distribution between men and women:
❶ Woman Receives Less Than a Man
This occurs in specific and limited cases, such as:
◈ Sons and Daughters:
If the deceased leaves behind both sons and daughters, the son gets double the daughter’s share.
However, the daughter has no financial responsibilities, whereas the son must spend on his wife and family.
Example:
Inheritance = 30,000
- Daughter gets 10,000
- Son gets 20,000
- After marriage, the daughter receives an additional dowry and faces no obligations, while the son pays dowry and spends on family—leaving him with comparatively less.
◈ Full or Consanguine Siblings:
The same applies to sisters in the presence of brothers—they receive half the share.
◈ Parents (in absence of children):
Mother receives one-third, father gets the remaining two-thirds—due to his financial responsibilities.
◈ Husband and Wife:
- Widow: ⅛ (if there are children), ¼ (if no children)
- Widower: ¼ (if there are children), ½ (if no children)
❷ Man and Woman Receive Equal Share
In several cases, men and women inherit equally, such as:
◈ Parents (with children):
Each receives one-sixth.
◈ Maternal Siblings (Kalālah):
Equal share between maternal brothers and sisters.
◈ Full Siblings (in presence of spouse):
When the deceased leaves behind a spouse and one full sibling, both genders receive equal portions.
◈ Other Jurisprudential Cases:
There are numerous instances where full, consanguine, and uterine siblings receive equal shares.
❸ Woman Receives More Than a Man
In multiple cases, a woman’s share exceeds that of a man:
◈ Two-thirds:
This is the largest share in inheritance and is often given to women—like two or more daughters, granddaughters, or sisters.
◈ Half:
This share is awarded to four women:
- Daughter
- Granddaughter
- Full sister
- Consanguine sister
◈ One-third:
The mother receives this when the deceased has no children.
◈ Other Shares:
Shares of ⅙, ¼, and ⅛ also sometimes provide women greater benefit due to their lack of financial responsibility.
❹ Only Woman Inherits, Man Does Not
◈ In some jurisprudential rulings, a uterine sister may inherit while the uterine brother does not.
◈ In some cases, the entire inheritance may go to a woman:
For instance, a sole daughter or wife may inherit the entire estate in the absence of other heirs.
❖ Islam’s Upliftment of Women’s Rights in Inheritance
✔ Pre-Islamic Deprivation
During the Age of Ignorance, women were entirely excluded from inheritance. Islam granted them rights with clear stipulations.
✔ Financial Support for Daughters
Before marriage, a daughter’s expenses are covered by the father. After divorce, she returns to the care of her father or legal guardian.
✔ Financial Obligations of Husbands
The husband is obligated to provide food, clothing, shelter, and other needs to the wife—regardless of her wealth.
✔ Kind Treatment of Parents
The Qur’an emphasizes respect and care for parents, especially the mother, whose right is stated to be three times greater than the father's.
❖ Qur’anic Guidance on Jealousy and Contentment
"وَلَا تَتَمَنَّوْا مَا فَضَّلَ اللَّهُ بِهِ بَعْضَكُمْ عَلَىٰ بَعْضٍ ۚ لِلرِّجَالِ نَصِيبٌ مِّمَّا اكْتَسَبُوا ۖ وَلِلنِّسَاءِ نَصِيبٌ مِّمَّا اكْتَسَبْنَ"
(Surah An-Nisa 4:32)
“Do not wish for that in which Allah has preferred some of you over others. For men is a share of what they have earned, and for women is a share of what they have earned.”
This verse teaches that any difference in worldly distribution is based on divine wisdom and justice, and in the Hereafter, reward will be based solely on faith and deeds.
❖ Reference
This article is based on the book “Imtiyāz al-Mar’ah ʿalā al-Rajul fī al-Mīrāth wa al-Nafaqah” by Dr. Salahuddin Sultan, and includes insights from other sources like ʿIlm al-Farā’iḍ, Taysīr Fiqh al-Mawārīth, and al-Mawārīth fī al-Sharīʿah al-Islāmiyyah.
