Ask A Muslim

Women's Inheritance

The Share of the Woman in Inheritance and Equality

A. The Situation before Islam

One of the reasons why people claim that Islam regards men to be superior to women and that it violates the equality of men and women is the fact that the woman is given one share but the man is given two shares in inheritance. In fact,giving one share to women and two shares to men has nothing to do with men being superior to women. On the contrary, Islam protected the rights of small children and women who were oppressed and maltreated by the people of Jahiliyyah by giving women share from the inheritance. As a matter of fact, the following is stated in a verse:

"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."(an-Nisa, 4/7) 1

In the Arab community of Jahiliyyah, women were not given any shares from the inheritance. What is more, women were inherited like property when their husbands died. Only the men who could use weapons and could defend the country had the right to inherit. The property of the man who died was divided among his male relatives that could fight. However, in Madinah, sons who had reached the age of puberty could inherit their fathers' property; younger sons, daughters and mothers could not inherit anything from their fathers.

"Allah (thus) directs you as regards your children's (inheritance): to the male, a portion equal to that of two females."

Therefore, when the verse above was sent down, the polytheists did not like this decree and said,

"The woman is given one fourth or one eighth; the daughter is given half share; little children are given shares. However, they could neither ride horses nor fight. Little children are also given inheritance but little children are of no use at war."

What is understood from this viewpoint is that the value of man was measured by his contribution to economic life.

This mentality is the mentality of the Arab Jahiliyyah, which still existed in the hearts of some people, against the method of division that Allah rendered fard based on justice and numerous wise reasons. The mentality of Jahiliyyah that is present in the brains of some people living today is not much different from the mentality of the Arab Jahiliyyah. The reason why this verse was sent down displays the situation of the women and children during the Era of Jahiliyyah clearly. The wife of Sa'd b. Rabi, who was martyred at the Battle of Uhud, went to the presence of the Messenger of Allah together with her two daughters. She said,

"O Messenger of Allah! These are the daughters of Sa'd. Their father was martyred at Uhud. Their uncles inherited his property and they did not leave anything to the girls. However, these girls cannot marry without any property."

The Messenger of Allah (pbuh) listened to the complaint of the woman and said, "Allah will send His decree regarding the issue." Thereupon, the verse of inheritance was sent down.

Islam saved women and children from being deprived of inheritance; it gave them a social and legal personality together with men. Therefore, those who claim to defend women rights should not criticize Islam by saying,"Islam gives women half share"; on the contrary they should accept and appreciate the equity and superiorityof Islam, which gave women the right of inheritance through a great revolution. With this decree, the Quran did not only eliminate the inequality and injustice among older and younger children but also gave the rights of inheritance to the mother, daughter, sister, grandmother, granddaughter, etc by mentioning their names separately. These shares, which the Quran arranged as fixed rights, cannot be eliminated by any legal or traditional arrangements like a will. They are regarded to be included in the category of (nasiban mafrudan) "a determinate share" (an-Nisa, 4/7). This phrase is the most obvious indication that the relevant decree is clear and understandable and that it cannot be changed.