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Women Inheritance in Islam
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A source of significant controversy both inside and outside the Muslim community
is the Islamic law of inheritance. This "law" is in fact a continuing process
of interpretation of Quranic rules and principles to form the complex "laws"
of inheritance under Islam. It is a dynamic process which, based on specific
text in the Quran and traditions of the Prophet Muhammad, continues to be
discussed in each Islamic age by Muslim scholars addressing changing issues
and times. Before delving into this complicated and controversial area, one
must first realize that Islam revolutionized womenÕs inheritance rights.
Prior to the Quranic injunction -- and indeed in the west until only recently
-- women could not inherit from their relatives, and in the case of Arabia
at least, were themselves bequeathed as if they were property to be distributed
at the death of a husband, father, or brother. Thus, Islam, by clearly stating
in the Quran that women have the right to inherit for themselves, changed
the status of women in an unprecedented fashion. The Quran states: "Men shall
have a share in what parents and kinsfolk leave behind, and women shall have
a share in what parents and kinsfolk leave behind." (Quran 4:7). Thus, whether
women can inherit at all is not the controversy. Rather, the dispute centers
around the "share" that is to be inherited. The same chapter of the Quran
goes on to state in detail the division of property based on the number of
relatives and the level of kinship of the inheritor. (See Quran 4:11) The
injunction that a male relative receives a share equal to that of two females
applies only to the inheritance of children by their parents. Parents who
inherit from a deceased child, for example, each inherit one-sixth of the
property if the deceased child is survived by a child of his or her own.
In that instance, the division is equal between the mother and the father
of the deceased. The verse then states what the mother shall receive if the
deceased left no children or if the deceased left siblings. Presumably, the
father and the mother inherit equally in those situations. The rationale
behind a brother receiving double his sisterÕs share, on the other
hand, is based on the Islamic legal presumption that he has an obligation
to provide for her support. Bearing in mind that these verses were revealed
in Arabia over 1400 years ago, when women had no financial security other
than what was provided by men, these verses demonstrate the care and respect
given to the family unit, and ensured that womenÕs rights would continue
to be protected. Hence, brothers with sisters were given larger shares than
their sisters, together with the legal obligation to spend a portion of this
wealth on those sisters. Within the field of Islamic scholarship, there is
much discussion on the topic of inheritance. There are scholars who argue
that these rules apply only if no will was left by the deceased and that
the division can be changed by a will. Presumably, the will would be analogous
to a debt and would be paid prior to any other disbursement of property.
(See Quran 4:11; Fathi Osman, Muslim Women in the Family and in the Society,
at 24-25.) Furthermore, a tradition of the Prophet Muhammad states that a
person can will up to one-third of his or her property in any manner, thus
allowing equalization of gender-based default presumptions. (It should be
noted that a majority of the Sunni schools of thought state that the one-third
share cannot be bequeathed to natural heirs; however, others, including the
Shiite school, disagree with this limitation.) Moreover, transfers of property
can be made during the life of the testator. The majority of schools argue
that the verses provide guidance as to who should be provided for and at
what level. Furthermore, there are scholars who maintain that these laws
are applicable only in an Islamically-based legal system and government where
a woman would have recourse against a relative who was obligated to provide
for her but failed to do so. One may argue that in the absence of a complete
application of Islamic law, where the rights of women will have no teeth,
Muslims should turn to the spirit of that law, which is justice, and find
ways to accomplish this goal. This is especially true where Muslims are a
minority, as in the United States. Muslim scholars, legislators, and researchers
must -- and are beginning to -- boldly address this issue to focus on these
challenges. The Islamic laws of inheritance are, like all issues in Islamic
law, a dynamic process that must respond to the many challenges and opportunities
that world changes present.
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