Women’s Inheritance in Islam

In Islam, men and women have equivalent rights, including but not limited to working,
acquiring wealth, possession of property, and the concept of inheritance. The Quran
declares:

“For men there is a share from what their parents and close relatives leave, and

for women there is a share from what their parents and close relatives leave, be it

little or considerable; a definite share.”1

This verse makes it clear that, like men, women inherit and have a definite share. The
verses regarding inheritance were revealed to the Prophet (S) at a time that women in
the world, and especially among the benighted Arabs, were bereft of worth or status. In
the Age of Ignorance, men were ashamed when they heard that their newborn child was
a girl and many innocent baby girls were even buried alive.
The possessions of the deceased went to their sons or eldest son only, and girls were
deprived of inheritance altogether unless a father determined an amount in his will or his
sons took pity upon their female siblings and gave them something. Thus, when the
verse of inheritance gave women a definite share in the legacy, some people were
astonished. Regarding the conditions revolving around this verse’s revelation, Imam
Fakhr Razi has written:
Ibn ‘Abbas gives account that Aus ibn Thabit Ansari died and left behind his wife and
three daughters. Two of his male cousins by the names of Sawid and ‘Arafjah, who
were his inheritors, came and took all his possessions. Aus’ wife came to the Prophet
(S) and told her story and said, ‘Aus’ two inheritors left nothing for my daughters and I.’
The Prophet (S) said, ‘Return home until I see what God instructs.’ Subsequent to this
was the revelation of the aforementioned verse, which shows that both men and women
inherit.2
Indeed, by legislating women’s inheritance in such times, Islam has honored women
and has considered their status as inheritors equal to that of men. However, in Islamic
law, the share of women’s inheritance is half that of men’s. Allah, the Almighty, has
stated in the Quran:
“Allah charges you in regard with your children: a son’s share is equal to the
share of two daughters; if the [children] are [only] daughters and two or more,
their share is two thirds of the legacy, and if there is only one daughter, her share
is half [of the legacy]; and each of the parents inherit one-sixth of the legacy if the
deceased had children, and if the deceased had no children and the parents are
the only heirs, the mother inherits one-third; if the deceased had brothers, the
mother inherits one-sixth; [all this is] after executing the will and settling the
debts of the deceased. You do not know which of your parents and children
benefit you the most. This is Allah’s injunction; surely Allah is All-knowing, All-
wise.” 3
According to Islam, sons inherit twice that of daughters, brothers twice that of sisters,
and husbands inherit twice that of wives, except regarding the father and mother of the
deceased: if they are living at the time of their child’s death, each equally receives one
sixth of the deceased’s legacy.

Criticism
The law of inheritance has been thus faulted: Why have women been discriminated
against, with allotment of half the share of men? Is this not prejudice and oppression?

Response
The difference in the inheritance shares of women and men must not be considered
dissociate from other laws and commandments and discussed and judged
independently. It is true that, regarding inheritance, Islam has differentiated between
men and women. However, this differentiation is due to realistic perception and the
financial obligations that men bear. In Islam, men have to bestow Mihr upon their wives.
All the expenses of a wife and children must be paid for by men. Thus, men must work
diligently to provide all living expenses whereas women are not required to work and
pay for such living expenses.
If a woman has wealth, she is not required to spend it for her family; she may save it if
she desires. All possessions that she gains through work, Mihr, gifts, inheritance, or any
other legitimate method are solely hers and she can amass it all if she wishes. This is in
contrast to men, who are legally and canonically required, in addition to bestowing Mihr,
to provide all living expenses of their spouses and all other members of the family.
Thus, women are partners in all the possessions of their husbands, including their
husband’s inheritances, which are indirectly given to them; while a woman’s inheritance
is absolutely and unquestionably hers only. Because of this, Islam intended to assist
men by formulating the laws of inheritance in this manner.
With regard to this fact, can one still say that Islam discriminates against women in
regard to inheritance?
If you fairly examine the matter, you will affirm that not only have women not been
treated in a biased manner, they have been supported. Various Hadith indicate this
reason. Imam Ridha (‘a) has declared:
The reason that women receive half the share of men from inheritance is that when a
woman marries, she takes and the man gives; for this reason, men have a larger share.
Another reason is that a wife is the dependant of her husband and he must pay for her
expenses, but a wife is not required to pay her husband’s expenses or financially
support him in need. Hence, men have a larger share and this is [the interpretation of]
the declaration of Allah: Men are the protectors and supervisors of women because
of the advantage Allah has given some over others and because they support
them from their means4
Hisham ibn Salim narrates:
Ibn Abil‘uja’ said to Ahwal, ‘Why should a weak woman get one share while a wealthy
man gets two shares?’ He answered, ‘I asked this same question of Imam Sadiq (‘a), he
answered: ‘Aqilah (blood price)5, nafaqah, and Jihad—and some other things—are not
obligatory for women, they are for men; thus, two shares have been designated for men
and one for women.6
 1. - Surah Nisa’ 4:7.
 2. - Tafsir-e Kabir, vol. 9, p. 194.
 3. - Surah Nisa’ 4:11.
 4. - Bihar al-Anwar, vol. 104, p. 326; Surah Nisa’ 4:34.
 5. - This is the blood price that must be paid by the family of
unaccountable individuals, such as minors or mentally incapacitated
persons, due to injuries or fatalities that are caused by such people.
[trans.]
 6. - Bihar al-Anwar, vol. 104, p. 327.

Women's Right of Inheritance

Allah, the Exalted, stated in the Glorious Qur'an:
(Allah commands you as regards to your children's (inheritance); to the male, a portion
equal to that of two females.)

[4:11]
Those who misunderstand Islam claim that Islam does injustice to women in
terms of inheritance. They opine that it is unfair to grant the male a double to
that of the female even though they are children of the same parents. Allah,
the Exalted, offered a full and detailed method of women's inheritance in the
Qur'an and Sunnah, and if an unbiased student of knowledge reflects on the
details, he or she will discover the fault of this opinion.
To begin with, Allah has determined all the shares of all the relatives in respect
to their relationship to the deceased. As He the Most Wise said:
(There is a share for men and a share for women from what is left by parents and those
nearest related, whether the property is small or large, an obligatory share.)

[4:7]
Allah has stated three types of shares for a woman's inheritance as follows:
1. A woman will have an equal share as that of the man.
2. A woman will have an equal share to that of the man, or a little less.
3. A woman will have half the share of a man.
This means that the minimum of her shares is half, and considering that a
female has no continual financial responsibilities as a child, sister, wife or
mother, and these responsibilities are always on the men of the family, this is
very generous indeed.
Those who are interested in the details about this subject should review the
discussions in books about the special branch of Islamic knowledge called "The
science of inheritance and division of the estate." These books deal with all the
different ways of dividing an inheritance, and the proper share of all relatives
according to the Qur'an and Sunnah. Prior to passing any judgment about
"unfair treatment" of Islam to women in terms of inheritance' one must
examine this subject closely.
In contrast to all the other societies, Islamic Jurisprudence stipulates the rules
and regulations about all the affairs of a man, from big to small, to bring
harmony to their lives. Just like a person has specific instructions for how to
live and use his money in his lifetime, his wealth after his death is dealt with
the same way. Unlike other social systems, a person can generally do with his
wealth in his life however he wants but his will has certain restrictions
according to the Islamic Law. Through his will he can only give 1/3 of his
wealth to whoever he wants, all the rest is distributed according to the law of
inheritance derived from the Qur'an.
In the famous tradition; the companion Sa'ad ibn Abi Waqqas was ill and
requested to bequest the majority of his wealth as charity, or a half of it since
he was wealthy and only had one daughter. The Messenger of Allah (Peace be
upon Him) forbade him and only allowed him to give a third, and said :
"A third and a third is a lot, and it is better that you leave your heirs wealthy rather than
leave them needy begging from the people. You will not spend anything seeking Allah's
countenance but you receive a reward for that expenditure, even the morsel of food you
put into your wife's mouth."

[Bukhari #2591 & Muslim #1628]

An important point to note is that in many civilizations, man-made laws of
inheritance are at the whim of a powerful individual; to give or deprive, as one
will, however unjustly. Moreover, in these societies often there is no law that
obligates a man with financial responsibilities and relieves the women from
them. On the other hand, according to Islam, a male is required to take care of
the entire financial needs of the female dependents of the family until they are
married. From the time a female marries, her financial responsibilities are her
husband's obligation. After the death of the husband, the son or other male
relative is obliged to care for the widow.
Therefore, demanding a "fair," "just" or "equal" share of inheritance for both
male and female Muslims, who do not have equal financial obligations and
responsibilities, is an unfair and unjust demand. It is only fair and just to give
preference to a male heir, in light of his financial responsibilities, over the
female heir from the inheritance of the father, mother or others. Considering
all this, the fact that a female is still entitled by the Islamic law to a half share
of the portion of inheritance received by the male, and sometimes an equal
share, is indeed fair, just, and generous.
Gustave Le Bon says in his book Arab Civilization:
"The principles of inheritance which have been determined in the Qur'an have a great
deal of justice and fairness. The person who reads the Qur'an can perceive these concepts
of justice and fairness in terms of inheritance through the verses I quoted. I should also
point out the great level of efficiency in terms of general laws and rules derived from these
verses. I have compared British, French and Islamic Laws of inheritance and found that
Islam grants the wives the right of inheritance, which our laws are lacking while
Westerners consider them to be ill-treated by the Muslim men."