Inheritance Rights of Women in Islam

In Islamic tradition, inheritance law apportions a man two shares while a woman receives one. This provision has sparked significant debate, with critics arguing it perpetuates gender inequality. How can such a stipulation exist when Islam is often praised as the first religion to recognize women’s rights? Inheritance, or intestate succession, is the process by which a deceased person’s assets, properties, and legal rights are transferred to their heirs or beneficiaries, typically without a will. Governed by intestacy laws or other legal frameworks, this process can include various assets such as money, land, personal possessions, and investments.

One might contend that this gender-based discrepancy violates Article 7 of the Universal Declaration of Human Rights, which asserts that all individuals are equal before the law and entitled to equal protection without discrimination.

 Furthermore, Islam itself proclaims the equality of men and women. How, then, can we reconcile this apparent contradiction within the faith? Additionally, the existence of two major Islamic sects, Sunni and Shia, raises questions about unity under the umbrella of Islam. This article delves into the complexities of these issues, exploring the intersection of religious tradition, legal rights, and modern interpretations of equality.

In particular the Muslims of the South Asian sub-continent, with few exceptions are followers of the Hanafi school. Abu Hanif and his disciples, Abu Yusuf and Imam Muhammad worked very hard to draw up an exhaustive scheme of law inheritance. In contrast, the other Sunni schools of law accept the scheme of the law of intestate succession drawn up by the Hanafi school with a few exceptions. Whereas the Shia the females and non-agnatic relatives stand on equal footing with male agnates in the sense that they exclude any relative that occupies an inferior position in the order of priorities.   

Inheritance right according to the Sunni school of thought

The Sunni law has substantially retained the pre-Islamic customary tribal law recognizing only the male agnates as heir and modified it by adding several heirs whom the Quran has so ordained. However, the female relatives receive a substantial portion of the estate of the deceased, while the male agnates relatives generally remain in the dominant position it is the shares that are allotted to them in the Quran. 

Does that mean if a woman gets a half share of her brother, Islam is subjugating women’s rights? In Islam, it’s the obligation of a man who bear the financial burden or responsibility of women. As a wife it’s the responsibility of a husband to look after his wife, if she is a daughter the duty is on her father or her brother, and lastly if she is a mother it’s the son’s responsibility to take care of all her financial aspects. 

For Muslims the Islamic inheritance law is derived from Qur’anic verses and hadiths of Prophet Muhammad (P.B.U.H) it forms a basis for women’s right to inherit property.  whereas the right to inherit property is divided into three main categories; the right of a mother, the right of a daughter and the right of a wife. In the Quran it is several times mentioned how the inheritance should be divided, what is its importance and why it is needed. 

Let’s elaborate on these rights by using the example If a deceased man leaves behind a daughter and a son the daughter will get one-third and the son. Parallel to this if the deceased has two daughters then the daughter will get two-thirds of the property according to the Sunni Muslim, and if only one daughter then she will inherit half of the property.  

In surah Al Baqarah chapter number 2 verse number 180 it is stated that; ‘It is prescribed that when death approaches any of you—if they leave something of value—a will should be made in favour of parents and immediate family with fairness’. Where is chapter number 2 verse number 240; ‘Those of you who die leaving widows should bequeath for them a year’s maintenance without forcing them out. But if they choose to leave, you are not accountable for what they reasonably decide for themselves. And Allah is Almighty, All-Wise’. 

In surah Nisa chapter number 4 verse number 11 and verse number 12 specific share division is given; verse number 11 says that sons receive twice the inheritance share of daughters. If the sole children are two daughters, they can inherit two-thirds of the estate. If there is only one daughter, she receives half the inheritance. 

If parents are alive, they are entitled to one-sixth of the inheritance if there are children. If no children exist and the parents are sole heirs, the mother receives one-third and the father takes the remainder. If there are no children, but the deceased has siblings, then the mother receives one-sixth. 

All of this is contingent upon what remains after funeral costs and debts are paid. As well as Verse number 12 says; that widowers receive 1/2 of the property if there are no children. Widowers receive 1/4 of the property if there are children. Widows receive 1/4 of the property if there are no children. Widows receive 1/8 of the property if there are children. If there are no ascendants (parents) or descendants (children), the siblings stand to inherit 1/6 of the property If there are two or more siblings, they share a third if there are no parents or children. 

As an illustration if a man dies and leaves one hundred and fifty thousand rupees the son gets one hundred thousand rupees and the daughter gets fifty thousand rupees, however, many might come up saying this is injustice toward the daughter why the daughter is given half the amount, as logically the man is the one who bears the financial burden of the house. 

Counter to this would you prefer to get one hundred thousand and have to contribute your 90 per cent money in looking after the family or would one prefer to inherit fifty thousand rupees and not spend a single penny on the family? Whereas if there were equal rights given to men and women, we might have to start to talk about men’s rights in Islam, Allah has given the right he’s even equal if he has put the financial burden on men to see to it that men get double as it remained justice.

The Quran states in surah Nisa chapter number 4 verse number 40 that Allah is never unjust in the least degree, if we start to know what the hikmah behind this it can be said that in Islam women are financially more secure than a man, would we still say that woman is subjugated in Islam? However, there are occasions where both inherit equally as a parent one-sixth if they have children where the mother gets one-third double then that of a father 

Additionally, the Constitution of The Islamic Republic of Pakistan 1973 by articles 23 and 24 guarantees the citizens of Pakistan the right to hold, acquire and dispose of property. it protects their property from any allegation of deprivation. Unfortunately, many women are still deprived of this right or they are forced to give up on their right to their property. 

In the Supreme Court case in Noor Jahan 2016, the Supreme Court ruled in favour of Noor Jahan by allowing her the rightful share of the property of her deceased father, which was contested by Jahan’s brothers. The decision was however reached long after the death of Jahan. 

The case had been dragging on for about a quarter of a century and was finally laid to rest by a two-member bench, consisting of Justice Ejaz Afzal Khan and Justice Qazi Faez Isa. In its final order, the bench observed, “A sister, to claim her rightful inheritance, was compelled to go to court and suffered long years of agony. 

However, before [she] could get what was rightfully hers, she departed from this world… A quarter of a century has elapsed since the death of Haji Sahraney (the deceased father). Such a state of affairs, to say the least, is most unfortunate.”

To date, there have been many instances where one’s father dies, and the sons get hold of the property and don’t give the share to the daughters, while the other case is that one gets them married and says they have given their share by marrying them off. 

 The only answer to this problem is that the court set an obligation on parents to give the rightful amount of share to their daughters in their lives. One should note that giving a share to your daughter is not a burden but it is a security which you are providing to make her know she is safe. This might bring some change and fewer cases can be seen in courts. 

According to Section 498-A of the Prevention of Anti-Women Practices Act of 2011 

(Criminal Law Amendment), depriving women of inheriting property by deceitful or illegal means shall be punished with imprisonment which may extend to a period of ten years but not less than five years. The convicted person may be fined one million rupees and imprisoned at the same time.

Even though the acts and legislation are made many Women have also been deprived of their inheritance rights, in this case, Bibi Sajida’s father died in 2016, and he left behind two wives, six sons and two daughters. Pakistan’s inheritance law entitles all children of the deceased (both male and female) as their legal heirs. However, the four sons from his first marriage surreptitiously applied to inherit their father’s property, claiming themselves as the sole legal heirs. They successfully obtained a succession certificate and gained control of their father’s bank account, with approximately 1,500,000 Pakistani rupees (around US$5,250). 

As a result, Bibi, her sisters, and two other younger stepbrothers were unjustly deprived of their inheritance rights. Despite constitutional provisions granting women the right to own and inherit property, women, like Bibi Sajida, often find themselves fighting to enforce these rights. As many women have been deprived of their rights, similarly in this case brother did not abide by an Islamic law, which deprives other legal heirs of prescribed shares, whereas he remained in possession of the property with two out of six sisters. Judge Qazi Faiz Isa expressed his regrets stating that the brother didn’t follow religion (Islam).

The court ruled against the appellant, which initially ruled that the sisters’ suit against the fraud, was set aside by the high court. However, the apex court found fault with this decision and ruled in favor of the sisters, directing the implementation of the trial court’s decision.

Whereas in Islamabad: The Supreme Court said a woman could claim inheritance in her parents’ property during her lifetime and not after death. A three-judge bench, headed by Justice Umar Ata Bandial, on Thursday, heard the appeal against the Peshawar High Court (PHC) judgement. The bench upheld the judgment of the PHC. Pakistan has signed the CEDAW to stop the discrimination against women and to protect her every right, and if any man forces a woman into giving up on her inheritance at the time of property succession “shall be imprisoned for either description for a term that could extend to 10 years but be less than 5 years or with a fine of 1 million rupees or both,” as stated in Section 498A of the Pakistan Penal Code (PPC). 

In the rules of succession, male relatives are given preferential treatment in terms of inheritance while the female heirs are pushed to a secondary position and males receive a larger share, emphasizing the legal superiority of male agnates in the inheritance process. Which again states that the financial burden and responsibility is on the male. 

The Shia law school of thoughts

The inheritance according to the Shia if there are two daughters then the property is equally divided between them, and if there is one daughter she will inherit all of the property. if the deceased man has children his wife will receive 1/8 of the total property. Whereas if the deceased man has no children then his wife will receive 1/6 of the total property, and the parents will be given 1/6. 

Under the Dissolution of Muslim Marriages Act, of 1939, a wife is entitled to all the property that she has earned for herself and also to the benefits deriving from the property of the husband. If dissolution of marriage is demanded by the wife (Khula), she is not entitled to any dower. On dissolution of marriage, the husband has no right to his wife’s property. 

As in Shia Muslims if an uncle gets the inheritance of the deceased so does Sunni Muslim if the deceased have no children then the property will be distributed among the closest relatives, the brothers(uncles) are among the eligible heirs. Some might argue why there is a need to give the other half share to the uncle while the wife is there. 

The counter to this is in surah nisa verse Ayah 11 which states the share should be given to the ‘nearest to you in benefit’.  This means that after the deceased the duty lies on uncles to look after the financial matters of the deceased wife if she doesn’t have a child. Whereas if there are children of the deceased and the property goes to the father (brother) it means it means it’s not the duty of the closest to take care of them and assist them in financial matters. The verse continues and says; [These shares are] an obligation [imposed] by Allah. Indeed, Allah is ever Knowing and Wise.”

One key difference is in treating agnatic relatives (relatives through male lineage) and uterine relatives (relatives through female lineage). One can say that the Sunni Muslims generally follow a stricter system, prioritizing male heirs over female heirs. This means that in some cases, a male relative may receive a larger share of the inheritance compared to a female relative. 

On the other hand, Shia Muslims, emphasize a more equitable approach, considering the needs and circumstances of all heirs regardless of gender. Shia scholars argue that this interpretation aligns with the broader principles of justice and equality within Islam. Does this still reflect that the one who has made all these rules is doing an unjust to a woman, where she gets her share from her father, husband and sometimes from her brother, which makes it twice as much of as a man? 

Links:

https://tribune.com.pk/story/2336853/supreme-court-gives-sisters-rightful-share-in-inheritance

https://pcsw.punjab.gov.pk/prevention_of_anti_women_practices#:~:text=Under%20section%20498%2DA%2C%20depriving,of%201%2C000%2C000%20rupees%2C%20or%20both.