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8.
Under
Islamic law, why is a womans share of the inherited wealth
only half that of a man?
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Question:
Under Islamic law, why is a womans share of the inherited
wealth only half that of a man?
Answer:
The Glorious Quran contains specific and detailed
guidance regarding the division of the inherited wealth,
among the rightful beneficiaries.
The Quranic 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
There are three verses in the Quran 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 (swt) (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-Quran 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-Quran 4:176]
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. 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. 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.
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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