Women and inheritance in Islam

“Allah (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 […]

“Allah (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-Qur’an 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 does Allah make clear to you (His knowledge of all things).” [Al-Qur’an 4:176].
Also, in Qur’an, An-Nisai vs 34 “Men are protectors and maintainers of women, because Allah has made one of them to excel the others and because they spend (to support them) from their means. Therefore the righteous women are the devoutly obedient (to Allah and their husbands), and guard in the husbands absence what Allah orders them to guard (e.g. their chastity, their husband’s property).”
In a prophetic tradition, Ummu Salma (RU) asked the prophet (SAW), “Since women receive half the inheritance than that of men, do we get half the reward for our good deeds as compared to the men?” She did not intend to contest the share prescribed for men but her inquiry was for the purpose of education and learning. Some other women wished that they were men and could take part in battles and in this way earn additional bounties of Allah (SWA). Answers to these questions are given in this verse. Allah (SWT) is saying to Ummu Salma (RA) and all the Muslims not to even wish to be like those whom Allah (SWT) has excelled over them in certain ways. Allah (SWT) answered Ummu Salma (RA) and other women that there is no halving of reward for good deeds for women as compared to men. Men and Women would be rewarded equally for the same good deed.
The above authority serves as a yardstick for the development of rules and principles regarding the Islamic law of inheritance. In addition to this, there are plethora of prophet traditions that also serve or shed more light on the rules and principles of Islamic law of inheritance. The classes of inheritance include: the Asaba, and the Zawil- Arham.
In trying to understand the wisdom behind giving a woman half the share of a man, some Muslim Scholars and Jurist are of the view that giving women half of the share of men should be seen along with the laid down duties of men as prescribed by Shari’ah which include the obligation to provide basic necessities (i.e. feeding, clothing and medical care etc.) to the woman that may occupy the status of a wife or a daughter or a mother or a sister or a relative, as the case may be. Thus, the differences of financial responsibilities lead to differences in the share of inheritance.
The fact that men are obliged to abide by the rules, duties or is expected to take the burden of providing the above mentioned basic necessities makes their generous share compelling . The fulfillment of these expectations cannot be said to be an act of courtesy, it is an obligation that is prescribed by Sharia. This is the wisdom behind a woman getting half a portion of a man’s share of inheritance. Furthermore, if we consider the financial support that men are obliged to provide, we would realize that women are the beneficiaries as a man is required to provide for his mother, father, sisters and younger brothers and his close relatives if they are insolvent or facing financial difficulties that are beyond their capacity. Clearly, women are exempted from such task or responsibility.
Whatever a woman receives, she is at liberty to keep it for herself without spending it on the day to day maintenance of her immediate family. Also, if she is with her parents (before marriage) her parents would take care of her and after marriage; her husband is expected to provide her with all the basic necessities prescribed by Sharia, no matter how rich she is. Also as a widow, with or without children, she always goes back to her parents or her guardians so as to have a continued support (financial and moral). In a decent society, there is always a man in her life to support her. When a man receives twice the share of a woman in inheritance, he cannot keep it to himself. He may in one way or the other have to spend it on his wife, daughter and other members of the family. In the light of the foregoing, a woman is at better advantage, even when she receives half of the inheritance compared to that of man. This shows the superior status of woman in Islam.
Muhammad is a 400 level Mass Communication student of Bayero University Kano.