Women's Inheritance in Islam — The Half-Share Rule Is Not Universal and Islam Gave Women More Than Any Prior System
The verses of inheritance in the Holy Quran contain the words of Allah the Almighty: “For the male is a portion equal to that of two females” — but many of those who raise doubts about the eligibility of women in Islam, taking the distinction in inheritance as a way to do so, do not understand that the inheritance of women at half that of men is not a general position nor a consistent rule in the inheritance of Islam for all males and all females. The Holy Quran did not say: “Allah instructs you concerning inheritance and heirs: for the male, a portion equal to that of two females.” Rather, it said: “Allah instructs you concerning your children: for the male, a portion equal to that of two females.” That is, this distinction is not a consistent rule in all cases of inheritance, but rather it applies in special — even limited — cases among the cases of inheritance.
Women’s Inheritance Before Islam, and in Some Contemporary Societies
First: Women’s Inheritance Among the Jews
The Jewish inheritance system is characterized by depriving females of inheritance, whether they are mothers, sisters, daughters, or others, except in the absence of males. For example, a daughter does not inherit except in the absence of a son.
In it, the prophet of Israel spoke, saying: “If a man dies and has no son, you shall transfer his property to his daughter.” (Numbers 27:1–11)
But the wife shall not inherit from her husband at all.
Second: The Inheritance of Women among the Romans
Women among the Romans were equal to men in what they took from the estate, regardless of their rank. As for the wife, she did not inherit from her deceased husband. Marriage among them was not a reason for inheritance, so that the inheritance would not pass to another family — since inheritance among them was based on preserving wealth within the family and protecting it from disintegration. If the mother died, her inheritance that she had inherited from her father would go to her brothers, and her sons would not inherit her. Even if the deceased left male and female children, they would inherit it equally.
Third: Inheritance among the Semitic Nations or the Ancient Eastern Nations
We mean by them the Turanians, Chaldeans, Syriacs, Phoenicians, Syrians, Assyrians, Greeks, and others who inhabited the East after the flood that took place before the birth of Christ, peace be upon him. Inheritance among them was based on the eldest son replacing his father, and if he was not present, then the oldest male, then the brothers, then the uncles, and so on until the in-laws and the rest of the clan were included. Their inheritance system was distinguished, in addition to what we mentioned, by depriving women and children of inheritance.
Fourth: Inheritance among the Ancient Egyptians
As for the ancient Egyptians, Egyptian antiquities have shown that their inheritance system included all relatives of the deceased — fathers and mothers, sons and daughters, brothers and sisters, uncles, maternal uncles and aunts, and the wife. They all shared the estate equally, with no difference between old and young or between male and female.
Fifth: Inheritance among the Arabs in the Pre-Islamic Era
We can say that the Arabs in the pre-Islamic era did not have an independent or special inheritance system, but rather followed the approach of the Eastern nations. Inheritance, according to them, was specific to males who were able to carry weapons and defend themselves, without women and children, because they were people of raids and wars. Moreover, they used to inherit women by force, such that the heir would come and throw his garment over his father’s widow and then say: I inherit her as I inherited my father’s money. If he wanted to marry her, he would marry her without a dowry, or marry her to whomever he wanted and receive her dowry from whoever married her, or he would restrict her from marrying or marrying her.
Islamic law prevented this injustice when the Almighty said:
“O you who have believed, it is not lawful for you to inherit women by compulsion, and do not prevent them from marrying in order to take away part of what you have given them, unless they commit a clear immorality. And live with them in kindness. For if you dislike them — perhaps you dislike a thing and Allah makes therein much good.”
In a few cases, some Arabs would give inheritance to females and make them equal to males in share, as was the case with the ancient Egyptians and Romans.
Women’s Inheritance in Islam
After seeing what the state of women’s inheritance was like before Islam and the amount of injustice that befell them as a result of those corrupt laws and systems — in which greed and desire played a major role — Islam came with its light and justice to lift from them the oppression and injustice that befell them, and to decide that she is a human being like a man, she has rights that may not be touched or diminished, and she has duties that should not be neglected.
By quickly comparing the Islamic system of women’s inheritance with the ancient and modern laws and systems, we find:
First, the one who took charge of dividing the estates in Islam is Allah Almighty and not humans, so it was from the system, precision, and justice in the distribution that it is impossible for humans to be guided to it had Allah not guided them. Allah Almighty said:
“Your fathers and your sons — you do not know which of them is nearer to you in benefit. An obligation from Allah.”
Second, Islam looked at need and gave the one who is most in need a greater share than the one who is least in need. Therefore, the share of children was greater than the share of parents, because children are eager to live and parents are turning away from it. Therefore the male has the share of two females in most cases. There is no doubt that the son who will become a husband who will give his wife’s dowry, spend on her and his children from her, is more in need than his sister who will become a wife who will receive her dowry, and her husband will take care of her and spend on her.
Third, Islam has limited inheritance to money and did not extend it to the wife as it was in the pre-Islamic era. Rather, it honored the marital bond and made the love and mercy between spouses during life a reason for inheritance upon death. It did not neglect it as some laws did.
Fourth, Islam did not neglect the right of kinship as a reason for inheritance as Roman and Greek law did, but rather considered a man’s kinship to be one of the close ties between him and his family, and it has a natural right to pure feeling and abundant connection. A person is strengthened by his kinship, finds comfort in it in his life, and spends for it what he can of giving, service, and support, and places it in the first degree of care.
Fifth, as for equality between relatives in ancient Egyptian law, it is something that Islam also rejects because the inheritance of relatives is related to the concept of closeness and distance from the deceased. Accordingly, sonship takes precedence over fatherhood, and the latter takes precedence over brotherhood, and so on. Islam did not establish equality in inheritance between brothers in the manner adopted by French and Roman law, but rather divided brotherhood into three degrees — full siblings, paternal siblings, maternal siblings — took those degrees into consideration, and assigned the strongest and closest.
Sixth, preferring the most mature male and distinguishing him from the rest of his brothers in the inheritance share is a principle that Islam did not establish, as was the case with the laws of ancient Eastern nations and the Arabs in the pre-Islamic era.
Seventh, the son being a firstborn does not have any preference over the rest of the sons in Islam, in the manner adopted by Jewish law, where the firstborn was given the share of two of his brothers.
Eighth, Islam has guaranteed the right of daughters to share inheritance with sons from their fathers and did not prevent them from being covered by sons as Jewish law stated. Allah the Almighty said:
“Men shall have a share of what parents and near relatives leave, and women shall have a share of what parents and near relatives leave, whether it be little or much — an obligatory share.”
After this comparison, a clear fact emerges: the Islamic system of inheritance in general and what relates to women in particular is the only system that is consistent with the movement of striving and activity in human groups, and does not hinder them from the progress they deserve.
The Wisdom behind the Legitimacy of Women’s Inheritance
Whoever contemplates the issue of legislating women’s inheritance will find many wisdoms, some of which are as follows:
First, it emphasizes the humanity of women and that they are the equal of men — worthy of entitlement, ownership, and disposition just like men — and this is an honor for women.
Second, Allah Almighty has made man a vicegerent on earth, and honored him by entrusting him with the task of developing it and extracting its benefits, and provided him with abilities that enable him to carry out his mission, and the word “human” is general and includes both males and females alike.
Third, in response to the call of the nature with which Allah created people — males and females — of the love of owning money:
“Indeed, man is ungrateful to his Lord. And indeed, he is, to that, a witness. And indeed, he is, to the love of wealth, intense.”
“And you devour inheritance, devouring it completely. And you love wealth with an intense love.”
Fourth, Islam’s giving women ownership helps them to fulfill their needs.
Fifth, it gives women the opportunity to worship Allah Almighty with their money like men, by spending it on various charitable causes.
Sixth, limiting inheritance to men may lead them — or some of them — to feel superior, and fosters in them a sense of selfishness and domination, so they fall into injustice to women, either by diminishing their rights or by depriving them of what they have completely.
Seventh, stipulating the right of women to inheritance — whether big or small — in the Book of Allah Almighty and the Sunnah of His Noble Messenger constitutes a deterrent to Muslims that prevents them from being lax in giving women what they are entitled to from the deceased’s money.
Eighth, ruling that women inherit with men, each according to his degree from the deceased, fragments the wealth and distributes it among the largest possible number of offspring, which expands the circle of benefit from it and prevents its accumulation and confinement in the hands of one or a few individuals.
Ninth, it also achieves the meaning of family solidarity, as it does not deprive a male or a female, because while taking care of practical interests, it takes into account the principle of unity in the single soul, and does not distinguish between one gender and another except to the extent of its burdens.
Cases of Women’s Inheritance
It is known from the texts mentioned in the right of women’s inheritance in Islam that their inheritance differs according to their circumstances.
Cases in Which Women Are Equal to Men in Inheritance
First: The inheritance of parents — mother and father — with the presence of a male or female inheriting branch such as a son or son’s son, and if he descends male, son’s son, or female. Allah Almighty said:
“And for his parents, for each one of them is a sixth of what he left if he had a child.”
Second: The inheritance of two or more siblings on the mother’s side — whether they are males only, females only, or males and females — they share in one-third, which is divided equally among them, with the male receiving the same share as the female. Allah Almighty said:
“And if a man or a woman is to be inherited by ascendants, but he has a brother or a sister, each one of them shall have a sixth. But if there are more than that, then they shall share in a third.”
The wisdom behind this is that the deceased does not have from his brother on the mother’s side more of the feelings of compassion arising from the maternal connection than he does from his sister on the mother’s side.
Third: The inheritance of the maternal grandmother with the maternal grandfather is one-sixth in some cases, such as if a person died leaving behind a maternal mother, a paternal father, and a son. The maternal mother gets one-sixth as a fixed share, and the paternal father also gets one-sixth, and the rest goes to the son.
Cases in Which the Female Inherits Less than the Male
If we contemplate the inheritance of the woman, we will find that it is generally less than the inheritance of the man in certain categories. Sometimes she inherits half of what he inherits, and other times her inheritance is less or slightly more than half.
The male gets twice the female in the following categories:
First: A category in which this applies in every degree of it, no matter how low it is, provided that the individual among them does not have a female, and they are the sons with the daughters, and the daughters of the son with the son of the son or more, and so on. If the female is related, she does not inherit, such as the daughter of the daughter, and the son of the daughter.
Second: A category in which it applies in the first degree only, such as the sister or more with the brother, and the paternal sister with the paternal brother, individually or multiple. And it is not in their children, such as the son of a full sister or a paternal brother with the son of a full brother or a paternal brother, because they are from the womb.
Third: A category that also applies in the degree of paternity, such as the father with the mother on condition that they are alone in the inheritance, free of the male and female inheriting branch, and of a number of brothers — two or more. In this case the father gets twice what the female gets. Allah Almighty said:
“But if he has no child and his parents inherit him, then his mother gets a third” — meaning the father gets the remaining two-thirds.
Fourth: A category that occurs in marriage, on condition that one of them dies and the inheritance is from his estate. The husband takes from the estate of the wife who died before him twice what she takes from his estate if he died before her. If the wife dies and has no inheriting descendants, he takes half of her estate. If she has inheriting descendants, he takes a quarter, and the wife gets half of that. If he dies and has no inheriting descendants, she takes a quarter, which is half of the half. If he has inheriting descendants, she takes an eighth, which is half of the quarter.
Cases in Which the Female Inherits More than the Male
Some may be surprised and rule out the existence of cases in which the female inherits more than the male, but examples attest to this.
First: If a man dies and leaves behind a wife, a daughter, a mother, two maternal sisters, and a full brother. The wife gets three shares out of twenty-four shares, the mother gets four, and the full brother gets five shares, while the two maternal sisters are blocked by the daughter. The daughter inherits more in this case than the full brother. The same applies if the daughter is replaced by the daughter of a son, even if he is descended; or if the full brother is replaced by a father, a paternal brother, a full uncle, or a paternal uncle. Sonship takes precedence over fatherhood and brotherhood.
Second: If a woman dies and leaves behind a husband, a daughter, a full sister, or a paternal sister. The husband gets one share out of four shares, the daughter gets two shares, and the full sister gets one share, while the paternal sister is blocked by the full sister. The husband inherits half of what the daughter inherits. The same applies if the daughter is replaced by a daughter of a son and so on, or a full sister or a paternal sister, alone and without the presence of a male or female inheriting branch, with a full or paternal uncle — in such a case they inherit more than the husband and more than the uncle.
Third: If a woman dies and leaves behind a husband, two daughters of a son, and a son’s son’s son. The husband gets three shares out of twelve shares, and the daughters of the son get eight — each of them four shares — and the son’s son gets the remainder, which is one share. The share of each of the daughters of the son in the estate of the deceased is greater than the share of the son’s son’s son, because she is of a higher degree than him, and greater than the share of the husband.
Cases in Which the Female Inherits without the Male Inheriting
First: As if a person died and left behind a mother of two daughters, two paternal sisters, and a maternal brother. The mother gets two shares out of eight, and each of the two daughters four shares, and the two paternal sisters remain with two shares — each of them has one share — while the maternal brother is excluded by the paternal sisters. In this case, all females inherit and the maternal brother does not.
Second: As in the case of the unfortunate agnate. If a woman dies and leaves behind a husband, a daughter, a son’s son, a son’s daughter, a father, and a mother. The husband gets three shares out of twelve shares, and the daughter gets six, and nothing is left for the son’s son and the son’s daughter. The daughter inherits more than the husband and more than the father, and she inherits while the son’s son does not, and the mother also inherits while the son’s son does not.
Third: None of the male relatives inherits if there are females who have a fixed share except the wife, nor with inheritors by way of agnatic kinship.
Fourth: In addition to the cases in which the female who is entitled to inherit does so while the male is deprived even if he has a fixed share or inherits by way of agnatic kinship — if one of the impediments to inheritance occurs against him, such as premeditated or quasi-premeditated murder or apostasy.
The examples cited prove with conclusive evidence that leaves no room for doubt that Allah’s law in inheritance does not favor one gender over another. Rather there are considerations for both males and females that truth, logic, and justice require to be taken into account. The male-double-female rule applies only in specific and limited categories of inheritance. In numerous other cases women inherit equally with men, in several cases they inherit more than men, and in some cases women inherit while their male relatives do not. When compared to the inheritance systems that preceded Islam — Jewish law which deprived daughters entirely in the presence of sons, Roman law which gave wives nothing from their husbands, ancient Eastern law which based everything on the eldest male, and pre-Islamic Arab custom which treated women themselves as inheritable property — the Islamic system of inheritance was and remains the most just and comprehensive framework ever established for women’s rights in property and succession.