Double Standard In Inheritance

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The unequal division of inheritance between men and woman is sometimes cited as an example Islam is oppression of women.

Before looking at the division of inheritance in Islam with regard to women, one needs to look at Western inheritance laws.

The right for women to inherit and own property was only given to women in the West at the turn of the century, whereas that right was given to women in Islam 1,400 years ago.

Furthermore, in the West, a person may legally write a will giving all of their wealth to their dog or cat and exclude their wife, children and other relatives.

In the Islamic system, the rights of wives, children and relatives to inherit are protected.
Set portions of the inheritance to be given to them are identified in the Qur’an. No one can write a will and cancel or modify what is due to them. A will can be written to give up to a maximum of one third to those who would not inherit by law. As to leaving even the third of one’s wealth to animals, the Muslim State could step in on behalf of the inheritors and cancel such a will as it obviously indicates some form of mental disorder. The third would then be divided up among the natural inheritors.
In Islamic society men are responsible for the maintenance women.
For example, if a son, a daughter and a mother inherit, the son also has the additional responsibility of looking after his sister and his mother. Consequently, based on the male role, Islamic Law awards the son twice the portion of the daughter.
The mother would receive 12.5% (1/8th ), the daughter 29.2% (1/3 of 7/8) and the son 58.3% (2/3 of 7/8).
However, the two to one division is not applied in all cases. For example, the Qur’an states:

يُوصِيكُمُ اللَّهُ فِي أَوْلَادِكُمْ لِلذَّكَرِ مِثْلُ حَظِّ الْأُنْثَيَيْنِ فَإِنْ كُنَّ نِسَاءً فَوْقَ اثْنَتَيْنِ فَلَهُنَّ ثُلُثَا مَا تَرَكَ وَإِنْ كَانَتْ وَاحِدَةً فَلَهَا النِّصْفُ وَلِأَبَوَيْهِ لِكُلِّ وَاحِدٍ مِنْهُمَا السُّدُسُ مِمَّا تَرَكَ إِنْ كَانَ لَهُ وَلَدٌ فَإِنْ لَمْ يَكُنْ لَهُ وَلَدٌ وَوَرِثَهُ أَبَوَاهُ فَلِأُمِّهِ الثُّلُثُ فَإِنْ كَانَ لَهُ إِخْوَةٌ فَلِأُمِّهِ السُّدُسُ مِنْ بَعْدِ وَصِيَّةٍ يُوصِي بِهَا أَوْ دَيْنٍ آبَاؤُكُمْ وَأَبْنَاؤُكُمْ لَا تَدْرُونَ أَيُّهُمْ أَقْرَبُ لَكُمْ نَفْعًا فَرِيضَةً مِنَ اللَّهِ إِنَّ اللَّهَ كَانَ عَلِيمًا حَكِيمًا

Allah instructs you concerning your children: for the male, what is equal to the share of two females. But if there are [only] daughters, two or more, for them is two thirds of one’s estate. And if there is only one, for her is half. And for one’s parents, to each one of them is a sixth of his estate if he left children. But if he had no children and the parents [alone] inherit from him, then for his mother is one third. And if he had brothers [or sisters], for his mother is a sixth, after any bequest he [may have] made or debt. Your parents or your children – you know not which of them are nearest to you in benefit. [These shares are] an obligation [imposed] by Allah. Indeed, Allah is ever Knowing and Wise. (4:11)

Double Standard In Inheritance

Double Standard In Inheritance

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