All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon Prophet Mohammad and upon all his family and companions.
Islamic law is a divine law revealed to regulate people's relationships with one another, their Lord, and with themselves. It does not favor one party over another but establishes just rulings for all matters, including those related to the distribution of inheritance after death.
In some contemporary systems, individuals divide their wealth as they please. A person might give their wealth to a friend while depriving their child or sibling. Similarly, during the pre-Islamic era of ignorance (Jahilyiah), inheritance was distributed based on considerations aligned with their societal concepts. They would only inherit those capable of defending the tribe with weapons, which meant depriving women and children—the people most in need of financial resources to begin their lives independently, without relying on others and the subsequent risk of exploitation or enslavement in one form or another.
As for Islamic law, it was revealed to give every individual their rightful share, granting inheritance rights to both men and women based on their degree of relationship to the deceased and the financial responsibilities assigned to each person in society. On this basis, the inheritance system was established. In Islamic law, inheritance is considered compulsory ownership—meaning that when a person passes away, the ownership of their estate transfers to their heirs according to their respective shares as determined by the Shari'ah. The deceased cannot deprive an heir of their share or alter its amount, nor can an heir refuse what Allah has ordained for them. However, an heir can relinquish their share after it has been legally established as theirs. Among the rights established by Islamic law is the woman's entitlement to inherit from her father, brother, son, husband, and other relatives, a right that was denied to her during the pre-Islamic era of ignorance.
As for a woman receiving half of what a man receives when they share the same degree of relationship to the deceased, there is a reason for this. In Islamic law, the social and economic obligations placed upon men are greater than those placed upon women, as Islam is a comprehensive system. For example, a man is required, by Shari'ah, to pay a dowry to his wife upon marriage, which could be as much as a "heap of gold," as indicated in the Qur'anic verse, or a modest amount, such as ten dirhams, as mentioned by some jurists. On the other hand, when a sister marries, she receives a dowry from her husband, which may be substantial or minimal. After marriage, the man is obligated to financially provide for his wife and children, while his sister, once married, is supported by her husband, who also cares for their children. A quick financial comparison reveals that this system economically benefits the wife or daughter. This is not surprising in a Shari'ah that prioritizes the dignity of women in general, as nothing undermines a woman's dignity more than poverty. Moreover, if a woman does not marry, the share she receives from her father's inheritance suffices for her needs under normal circumstances.
Moreover, there are numerous instances where a woman's share is equal to that of a man. For example, if a person passes away leaving behind a father, mother, and children, the father and mother each receive an equal share of one-sixth. Similarly, if the heirs are maternal siblings of the deceased and they are more than one, they collectively receive one-third of the estate, which they divide equally among themselves.
The inheritance system in Islam is a precise and meticulous system, not left to the interpretations of scholars. Instead, Allah the Almighty has explicitly determined the shares with exact proportions: one-half, one-quarter, one-eighth, two-thirds, one-third, and one-sixth. This demonstrates the utmost precision, as the degree of kinship between people does not change over time.
There were no issues when Islamic law governed people’s lives, as the division of inheritance after death met the future needs of everyone. It is important to note that this applies after death. Before death, parents are obligated to distribute gifts equally among their children. The Prophet Muhammad (PBUH) said: "Fear Allah and be just between your children" [Agreed upon]. Hence, scholars have ruled that a father must be fair in giving during his lifetime, ensuring equality between males and females. However, certain ignorant tendencies have interfered, attempting to circumvent Islamic law. By "ignorance," we refer to any system that contradicts Islam, for Islam represents the truth, and anything outside the truth is misguidance, regardless of its origin.
We have found some methods that some people use to alter inheritance shares as follows:
First: A woman is prevented from marrying unless she gives up her share of inheritance to her brothers.
Second: She is threatened with estrangement, abandonment, and lack of support if she takes her rightful share, causing her to relinquish that right.
Third: A symbolic reconciliation is made between her and her brothers, so she receives only a small portion of her rightful inheritance.
There are other satanic methods that we are not fully aware of, but they share the fact that they involve real coercion through force, or psychological pressure by depriving her of what her counterparts enjoy. In this regard, there is a Sharia maxim that states what means: "Anything taken through the sword of shame is forbidden." So, how about what is taken under duress? It is unlawful (haram), and the one who consumes it will be consumed by fire and disgrace both in this world and the Hereafter. It reflects a Jahili (ignorant) mentality that has not been illuminated by the light of Islam. It is unfortunate to find such mentalities today, even though fourteen centuries have passed since the revelation of the Quran.
It is also unfortunately true that some fathers register their property in the names of their sons during their lifetime and deprive their daughters, so that they (daughters) do not inherit in the future. This is contrary to the Islamic ruling, which is based on the saying of the Prophet (peace be upon him): "Fear Allah and be just among your children." The word "children/Awllad" in Arabic includes both males and females, i.e., sons and daughters.
We do not deny that there are some sisters who willingly forgo part of their inheritance for their brothers, but this is very rare, and it typically happens during the period of mourning for the deceased father.
To put an end to the exploitation of emotions during the mourning period, the renouncement (or settlement) should take place after a reasonable period following the father's death. This allows the grief to subside, and everyone can then face the new reality with clarity.
If a woman does not receive her rightful inheritance, she should approach a Sharia judge, who will divide the inheritance according to the Shariah, ensuring that everyone receives their due. All official institutions, such as banks holding assets and the property registration offices, will cooperate with the ruling of the judge. If she remains silent about her rights and they are lost, she is responsible, not Islamic law. The Prophet Muhammad (peace be upon him) said, "Indeed, Allah has given each rightful heir their due right." Therefore, it is the responsibility of the person with the right to claim it, utilizing the Sharia means available.
As for the role of the Iftaa` Department in this matter, it is similar to that of the Chief Justice`s. It clarifies the shares of heirs in the inheritance, but the official procedures for this division require the ruling of a Sharia judge. The Ministry of Awqaf (Religious Endowments) also plays a role through Friday sermons and religious guidance, encouraging Muslims to grant women their rightful inheritance. This message has become widely heard due to the Islamic revival spreading across Muslim lands. Every devout individual refuses to usurp the rights of his sister or others. A study has shown that in areas with higher levels of knowledge, education, culture, and awareness, the issues of depriving women of their rights decrease significantly. If the sense of religious conscience is revived among us—and it must be revived—all our problems will be resolved.
We must also highlight that the issue of women's inheritance has been exaggerated beyond its true magnitude. Many women indeed receive their rightful shares as determined by the Sharia judge with the full consent of all heirs. Moreover, some women willingly forgo their rights to their brothers due to social circumstances, such as poverty, their brothers being young and in need of education and expenses, or to support them through difficult conditions such as illness. Nevertheless, a woman must be fully aware of her rightful share before choosing to relinquish it if she so wishes. There are many cases where male siblings give up their share of the house where their mother and unmarried sisters reside or where some male heirs renounce their share to others out of consideration for economic or social circumstances. Acts of compassion, cooperation, and maintaining family ties still prevail in our virtuous society. This is what Islam has taught us, and it is unfair to interpret every instance of relinquishment as oppression against women. Our society is purer and cleaner than such injustices, especially when compared to other societies where someone might leave their wealth in a frivolous will to their dog or mistress, depriving their children or siblings.
