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بسم الله الرحمن الرحيم In the name of God, the All-Compassionate, the All-Merciful
اللهم صل على محمد وآل محمد O God, send blessings upon Muḥammad and the family of Muḥammad
يا آمنة بنت وهب O Āmina bint Wahb
Introduction:
A question is often raised about the fairness of how inheritance is distributed in Islam, particularly with regard to a woman's inheritance compared with a man's. Some ask: “When Islam gives the male the like of the share of two females (للذكر مثل حظّ الأنثيين), is it wronging women?” In this article, we will review several themes that clarify Islam's view of wealth and of financial obligations, and we will also shed light on some examples in which a woman may receive more than a man, or the same as him, in inheritance shares. The aim of this discussion is to correct misconceptions and to bring out the true dimension of the rulings of the sharīʿa (Islamic law) in this area.
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When Islam gives the male the like of the share of two females, is it wronging women?
The answer in several themes:
1- Wealth in the Islamic perspective:
Islam regards wealth as one of the means of organising the affairs of livelihood, and as a way of securing what a person needs in provisions, housing, clothing, medical treatment and other things that the affairs of life require. Wealth has no value in itself apart from the effects that follow from it; likewise, owning it would have no special significance if a person were able to benefit from it without owning it.
When people, led astray from this view by heedlessness, came to make wealth their greatest goal, we find them striving to amass and hoard it, and thereby turning away from the highest purpose of this life. You will notice that this problem arose from the belief that ownership of wealth has intrinsic value, and that however much a person benefits from wealth in meeting all their needs, so long as they do not own it, they are deprived of it. Otherwise, if wealth were regarded as a means of obtaining provisions and organising the affairs of livelihood, this objection would fall away.
2- The financial responsibility placed on the man:
When a man is a husband, he is responsible for providing the mahr (dower), the nafaqa (maintenance), housing and medical treatment for his wife, and likewise all the other needs that the affairs of livelihood require. The wife is not required to spend anything from her own wealth, even if she is wealthier than her husband. And if the husband has no wealth, his obligation to maintain his wife is not lifted, whether she is wealthy, let alone poor; rather, he is obliged to obtain money by earning a living.
As for the daughter, although she is entitled to half of the son's share, she spends most of it only on matters connected with her own personal affairs. And if this daughter happens to be a wife—as is usually the case—she will not need to spend anything from her share, since the financial burdens fall on the husband.
3- A woman's share exceeding a man's in some cases:
It is not correct to say that a woman always inherits half of a man's share, for she often receives more than, or the same as, what a man is entitled to in inheritance. To clarify this, we mention two examples, although there are many others:
• The first example: If the deceased leaves only a mother along with brothers, or grandparents and paternal uncles or maternal uncles, then the mother, who is a woman, takes the entire inheritance, and neither the brothers, nor the grandparents, nor anyone else is entitled to anything from the estate. Likewise, if the deceased leaves a daughter along with brothers, or paternal uncles and grandparents, the entire inheritance goes to the daughter or daughters.
• The second example: If the deceased leaves a full sister (through both parents) as well as paternal half-brothers (through the father only), the entire inheritance goes to the full sister, to the exclusion of the paternal half-brothers.
Conclusion:
It is clear from these themes that the ruling on inheritance in Islam is not based on favouring one sex over the other. Rather, it is an integrated legislative system that takes into account the nature of the financial responsibilities that fall on the man, in contrast to the woman's freedom to dispose of her wealth without comparable obligations. In addition, there are many cases in which a woman receives more than, or the same as, a man in her share of inheritance. We therefore find that these rulings are not an injustice to women; rather, they represent a balanced system that ensures justice among the parties and takes into account the demands of life and the affairs of livelihood, which makes a woman's inheritance in Islam rest on just and rational foundations.
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