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Women's Rights of Inheritance in Islam - I
Women's Rights of Inheritance in Islam - I
Dec 21, 2024 8:43 PM

  In the pre-Islamic civilizations, women were denied any right to inheritance, so that money and property would not be transferred to her from her husband. Only mature, elder sons were entitled to inheritance, since they were the ones who fought and defended their tribe in times of war.

  In the Sharee‘ah (Islamic legislation), the issues of inheritance have been discussed in detail and include all the possible cases of inheritance, and the reasons, legal impediments and methodology involved in evaluating and distributing them.

  Women’s right to inheritance:

  Islam grants women the right to inherit from their parents or relatives and specifies an obligatory share for them. Allah The Almighty Says (what means): {For men is a share of what the parents and close relatives leave, and for women is a share of what the parents and close relatives leave, be it little or much -- an obligatory share.} [Quran 4:7]

  Muslim jurists believe that this verse establishes a general inheritance rule for both men and women. They also believe that this verse establishes a new norm that was not known before; that is granting women the right to inheritance.

  In Islamic Sharee‘ah, there are three reasons for inheritance: marriage, blood relations and Ta‘seeb (i.e., by virtue of being related to the deceased through the father of the latter, but they do not have a specific allotted share, rather they get what is left after the allotted shares have been distributed).

  Similarly, there are three kinds of inheritance: inheritance by prescribed shares, inheritance by Ta’seeb and inheritance by blood relations.

  · Being the mother of the deceased

  The share of the mother of the deceased is prescribed in the following verse: Allah The Almighty Says (what means): {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.} [Quran 4:11]

  3. Being the deceased’s full sister

  She inherits half of the inheritance of her dead brother if she was the only sister and there are no other sisters or brothers. If the case was otherwise, she inherits according to what is stipulated in the following verse: Allah The Almighty Says (what means): {And if a man or woman leaves neither ascendants nor descendants but has a brother or a sister, then for each one of them is a sixth. But if they are more than two, they share a third, after any bequest which was made or debt, as long as there is no detriment [caused]. [This is] an ordinance from Allah, and Allah Is Knowing and Forbearing.}[Quran 4:12]

  6. The mother of the mother of the deceased (i.e. a grandmother who is not related to the deceased by virtue of a maternal grandfather).

  She inherits one-sixth if she is the only grandmother.

  ·

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