Law of inheritance

INHERITANCE 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. INHERITANCE IN THE QUR'AN 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

SPECIFIC SHARE OF INHERITANCE FOR THE RELATIVES 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 childrens (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 AllKnowing, All-Wise. [Comments by Md. Naim Khan, if husband died, (if one daughter) or (if more than one daughter) share 2/3 + { if husband have children 1/6 (father) + 1/6 (mother), if husband have no children mother will get 1/3(mother) also if the husband have no child but have brother or sister mother will get 1/6 (mother)] [Al-Quran 4:11-12] 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 descendants (children or childrens children) nor ascendants (father or grandfather), 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"

[Comments by Md. Naim Khan {if case of wife dies, husband will get (if you have no child) but (if you have child) husband will get } {in case of husband dies, wife will get (if you have no child) but (if you have child) wife will get 1/8} {if both husband and wife died but do not have child or parents, brother or sister- will get 1/6 but if more than 2 brother or sister, will share 1/3 of the property}] [Al-Quran 4:176] "They ask thee for a legal decision. Say: Allah directs (them) about those who leave no descendants (children or childrens children) or ascendants (father or grandfather) 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). [comments by Naim Khan, if husband dies have no child but have a sister, 1/2(half), if wife dies without children her brother takes 1(full), if 2 sisters share 2/3, if wife have brother and sister-brother will get twice than sisters] FEMALE SOME TIMES INHERITS SAME OR MORE THAN MALE COUNTER PART 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. FEMALE USUALLY INHERITS HALF THE SHARE OF THAT OF THE MALE COUNTER PART 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. MALE INHERITS DOUBLE THAN THE FEMALE BECAUSE HE FINANCIALLY SUPPORTS THE FAMILY 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? [( self research by Md. Naim Khan and comments:SURAH BAQARAH, CHAPTER 2 VERSE 180 180. It is prescribed, when death approaches any of you, if He leave any goods that He make a bequest to parents and next of kin, according to reasonable usage; This is due from the Allah.fearing. [distribute your property if death occures] SURAH BAQARAH, CHAPTER 2 VERSE 240: 240. Those of you who die and leave widows should bequeath for their widows a year's maintenance and residence; but if They leave (the residence), there is no blame on you for what They do with themselves, provided it is reasonable. and Allah is Exalted In power, wise. [Leave maintenance for wife of a year and residence but if wife left your home they have the wish to leave]

SURAH NISA, CHAPTER 4 VERSE 7-9: 7. From what is left by parents and those nearest related there is a share for men and a share for women, whether the property be small or large,-a determinate share. 8. But if at the time of division other relatives, or orphans or poor, are present, feed them out of the (property), and speak to them words of kindness and justice. 9. Let those (disposing of an estate) have the same fear In their minds As They would have for their own if They had left a helpless family behind: let them fear Allah, and speak words of appropriate (comfort). [feed the poor and speak kindly and justice] SURAH NISA, CHAPTER 4 VERSE 19 19. O ye who believe! ye are forbidden to inherit women against their will. nor should ye treat them with harshness, that ye may take away part of the dower ye have given them,-except where They have been guilty of open lewdness; on the contrary live with them on a footing of kindness and equity. if ye take a dislike to them it may be that ye dislike a thing, and Allah brings about through it a great Deal of good. [do not marry a

women against their will, treat them kindly give them equal right] SURAH NISA, CHAPTER 4 VERSE 33 AND 33. To (benefit) every one, we have appointed shares and heirs to property left by parents and relatives. to those, also, to whom your right hand was pledged, give their due portion. for truly Allah is witness to all things. [you can also will (1/3) property to whom you wish but not who are mentioned] SURAH MAIDAH, CHAPTER 5 VERSE 106-108

106. O ye who believe! when death approaches any of you, (take) witnesses among yourselves when Making bequests,- two just men of your own (brotherhood) or others from outside if ye are journeying through the earth, and the chance of death befalls you (thus). if ye doubt (Their Truth), detain them both after prayer, and let them both swear by Allah. "We wish not In This for any worldly gain, Even though the (beneficiary) be Our near relation: we shall hide not the evidence before Allah. if we do, then Behold! the sin be upon us!" 107. But if it gets known that these two were guilty of the sin (of perjury), let two others stand forth In their places,- nearest In kin from among those who claim a lawful right: let them swear by Allah. "We affirm that Our witness is truer than that of those two, and that we have not trespassed (beyond the Truth): if we did, Behold! the wrong be upon us!" 108. That is Most suitable: that They may give the evidence In its true nature and shape, or else They would fear that other oaths would be taken after their oaths. but fear Allah, and listen (to His counsel): for Allah guideth not a rebellious people: [take two witness if death occurred from relatives, but if it is outside from home take others, if you doubt take oath from people after Prayer] )]

WHY NOT WOMEN ARE GIVEN EQUAL RIGHT IN PROPERTIES? (Q). Assalamo Alaikum, I am Sayed Riaz speaking - I am in business. As you said and as I know, that in Islam, men and women are equal - So why is it that a woman in Islam, is not entitled to equal property Rights? - thank you. Answer: Brother has posed a question, that I said that in my lecture, that economical rights of women and men, are equal. So how come she is not entitled to her equal rights, when it comes to inheritance - and normally people say that the woman gets 1/2 the share, as compared to that of the male. The answer to this question, is given in the Quran, in SURAH NISA, CH. NO. 4, VERSE NO. 11 AND 12:which gives the guidelines, how the inheritance should be divided. It says... Allah has ordained for your as regarding your children as regarding your childrens inheritance - for a female, a share half that of the male, and if only daughters 2 or more, they share in a two third - if only one, they get half. The Verse continues And one sixth share for the parents, if the deceased have children. If you have no children if the deceased has no children, the mother gets one third. If the deceased has brothers and sisters mother gets one sixth. And the Verse continues Verse number 12 says... As in what your wife leaves your share is half, if there are no children, and your share is one fourth, if there are children. As in what you leave for

your wife, your wifes share is one fourth, if there are no children, and one eight if there are children. In short, most of the time, the female gets half the share of the male counter part, but not in all cases. For example, for a uterine brother and sister, both get one sixth, if the deceased has got no ascendant or descendent both get equal share. If the deceased has got no children, both mother and father get equal share of one sixth. And in certain cases, if the person who has died, is a lady who has got no children, the husband gets half, the mother gets one third, and the father gets one sixth. That means, there are cases in which the woman even gets double than that of the male counter part - that is, the mother gets double than that of the father. But I agree with you, in most of the cases, the female gets 1/2 the share as compared to the man, when it is considered to daughter and a wife. But the answer to this, is that since man since man is held responsible for the financial aspects of the family, and in order not to do injustice to the man, Allah has given a higher share to the man, as compared to the woman - Otherwise we will have to have a lecture on The rights of men. EXAMPLE IF A PERSON DIES I would like to give an example - Suppose a person dies, and after the properties have been distributed the share of the children, remaining is one and a half lakh - and that person has two children, one son, one daughter. According to the Islamic Shariah, the son gets 1 lakh Rupees, and the daughter gets fifty thousand Rupees - but of the one lakh Rupees which the son receives, he has to spend, may be the majority of it, on looking after his family - may be eighty thousand or eighty thousand or 1 lakh, he has to spend on looking after the family. But that lady when she receives 50,000 she does not have to spend a single pie on looking after her family.

INHERITANCE, WHY WOMEN GET LESS? Why Islam proposes a discriminatory share of Inheritance by giving women only half of what men receive? Muhammad Muinul Islam mmislam92@hotmail.com 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 Nisa chapter 4 verses 11, 12 and 176. The translation of these verses is as follows: SURAH NISA CHAPTER 4: VERSE 11 AND 12:Allah (thus) directs you as regards your childrens (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. You 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, you get a fourth; after payment of legacies and debts. In what you leave; their share is a fourth, if you leave no child; but if you 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 SURAH NISA CHAPTER 4: VERSE 176: They ask thee for a legal decision. Say: Allah directs (thus) 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) make clear to you (His law), lest you err. And Allah has knowledge of all things. 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 and after giving the shares of other relatives, if the children (i.e one son and one daughter) inherit Rs. One Hundred and Fifty Thousand, the son will inherit 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?

4:11+12:-

4:11. 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 (1/6) 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 (1/3); if the deceased left brothers (or sisters) the mother has a sixth (1/6). (the distribution In all cases ('s) 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. [ comments by Naim in all cases male gets double than female, for only daughters share 2/3, if one daughter , Father and mother shares 1/6 each, if have children, if no child mother get 1/3, if have brother or sister mother get 1/6 all cases share should be divided after the payment of legacies and debts (loan from others) ] 4:12. In what your wives leave, your share is a 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 eighth; 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 any one). Thus is it ordained by Allah. and Allah is Allknowing, Most Forbearing. [

comments by Naim What wives left Husband gets if no child If child husband gets What husband left Wives share if no child If child wives share 1/8 In case of no children and no parents If 01 brother or 01 sister get 1/6 If more than two brothers or sisters share 1/3 ] 4:176

176. They ask Thee for a legal decision. say: Allah directs (thus) 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 make Clear to you (his law), Lest ye err. and Allah hath knowledge of all things. [ comments by Naim If no child or parents

In case of man dies Have sister but no child, sister get In case of female dies Her brother takes her full property, if no child If have sisters (02) shares 2/3 If have brothers and sisters, male shares double than female ]

SURAH BAQARAH, CHAPTER 2 VERSE 180

180. It is prescribed, when death approaches any of you, if He leave any goods that He make a bequest to parents and next of kin, according to reasonable usage; This is due from the Allah.fearing. [distribute your property if death occurs]

SURAH BAQARAH, CHAPTER 2 VERSE 240

240. Those of you who die and leave widows should bequeath for their widows a year's maintenance and residence; but if They leave (the residence), there is no blame on you for what They do with themselves, provided it is reasonable. and Allah is Exalted In power, wise.

[Leave maintenance for wife (widow) of a year and residence but if wife left your home they have the wish to leave]

SURAH NISA, CHAPTER 4 VERSE 7-9

7. From what is left by parents and those nearest related there is a share for men and a share for women, whether the property be small or large,-a determinate share. 8. But if at the time of division other relatives, or orphans or poor, are present, feed them out of the (property), and speak to them words of kindness and justice. 9. Let those (disposing of an estate) have the same fear In their minds As They would have for their own if They had left a helpless family behind: let them fear Allah, and speak words of appropriate (comfort). [ Share for men and women feed the poor and speak kindly and justice with poor relatives ]

SURAH NISA, CHAPTER 4 VERSE 19


19. O ye who believe! ye are forbidden to inherit women against their will. nor should ye treat them with harshness, that ye may take away part of the dower ye have given them,-except where They have been guilty of open lewdness; on the contrary live with them on a footing of kindness and equity. if ye take a dislike to them it may be that ye dislike a thing, and Allah brings about through it a great Deal of good. [ do not marry a women against their will, treat them kindly give them equal right one may dislike something what Allah may like ]

SURAH NISA, CHAPTER 4 VERSE 33 AND

33. To (benefit) every one, we have appointed shares and heirs to property left by parents and relatives. to those, also, to whom your right hand was pledged, give their due portion. for truly Allah is witness to all things.

[ One can gift some property as he or she choose but 1/3 maximum you can also will (1/3) property to whom you wish, according to Hadith ]

SURAH MAIDAH, CHAPTER 5 VERSE 106-108

106. O ye who believe! when death approaches any of you, (take) witnesses among yourselves when Making bequests,- two just men of your own (brotherhood) or others from outside if ye

are journeying through the earth, and the chance of death befalls you (thus). if ye doubt (Their Truth), detain them both after prayer, and let them both swear by Allah. "We wish not In This for any worldly gain, Even though the (beneficiary) be Our near relation: we shall hide not the evidence before Allah. if we do, then Behold! the sin be upon us!" 107. But if it gets known that these two were guilty of the sin (of perjury), let two others stand forth In their places,- nearest In kin from among those who claim a lawful right: let them swear by Allah. "We affirm that Our witness is truer than that of those two, and that we have not trespassed (beyond the Truth): if we did, Behold! the wrong be upon us!" 108. That is Most suitable: that They may give the evidence In its true nature and shape, or else They would fear that other oaths would be taken after their oaths. but fear Allah, and listen (to His counsel): for Allah guideth not a rebellious people: [take two witness if death occurred from relatives, but if it is outside from home take others, if you doubt take oath from people after Prayer] )]