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Subject : Contemporary Evolution doesn't Imply a Change of Inheritance's Legal Shares

Fatwa Number : 702

Date : 10-05-2010

Classified : "Wills and Obligations"in Inheritance

Fatwa Type : Search Fatawaa

Question :

Some people are of the view that contemporary evolution entails us to give equal shares out of the inheritance for men and women. What is your opinion in this regard?

The Answer :


All perfect praise be to Allah, The Lord of The Worlds, and may His peace and blessings be upon our Prophet Muhammad and upon all of his family and companions.

Regardless of how much time evolution reaches, kinship degrees won't change in the perspective of  inheritance system as it observes this degree while distributing legal shares. In addition, the inheritance system is part of the economic system of Islam i.e. a man is obliged to offer dowry for the woman who intends to marry and to spend on her and their kids as well when required. On the other hand, as soon as she gets her dowry (Unspecified amount of cash) which is meant for honoring the bride, but not as a price of her) given after mutual consent between the spouses. At the time she gets kids, the husband is the only one who is obliged as well to cover their expenses. Besides, through comparing the status of brother and sister in this regard, we find that Islam take into consideration women status in particular because they usually unable to earn money as is the case with men who are more capable to work and earn.

Nowadays, as both/ men and women are capable to earn money, the legal economic status regarding women's remains unchangeable; in other words, the amount of dowry ,expenditure and inheritance...etc are the same, Although wives' financial status is better than husbands, some of the formers give their expenditure for the sake of the family by which they will be rewarded for this action by Allah, The Exalted, since this aren't women's duty; in return, husbands are obliged to honor them even if this was by good word only. And Allah Knows Best.    





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