Question: Why
are women treated as inferior to men in Islam? Of the many things that
have continued to bother my mind is the share daughters get in relation
to their brothers. As a brother, I feel ashamed that I would be getting
double my sister’s share. Please clarify.
Answer: Before
I answer your question, I would like to allude to a few points as far as
the issue of inheritance is concerned.
It is a universally acknowledged fact that the extent
of help and co-operation which a person receives from his parents, children
and other similar relations has little chances of being paralleled by any
other association. Undoubtedly, the world has always considered the kith
and kin of a deceased as the rightful beneficiaries of the wealth he has
left behind. But certain issues in this regard have always remained unresolved;
for example, who among the kindred is nearest with respect to the benefit
he holds for the deceased? and how should the inherited shares be ascertained
on this basis? In this matter, the extent to which the human mind has faltered
and stumbled can be seen from the frequent history these blunders have
continued to make. It is not that human endeavour in this regard has fallen
prey to any lack of application, rather it is due to certain inherent limitations
of the human mind which have made the task itself beyond its reach. Love,
hatred, prejudice and other emotions have made it impossible for human
intellect to come to grips with this challenge. Consequently, the Almighty
Himself has guided mankind in this affair to relieve an Islamic society
from the disorders which have originated on this account:
You know not who among your children and parents
are nearest to you in benefit. This is the law of God. Indeed, God is Wise
and all-Knowing. (4:11)
Two implications of the above verse are
very clear:
Firstly, since the Almighty Himself
has indicated who the heirs of a deceased should be, a more just law in
this regard could not have been enacted. Hence, after this Divine Directive,
no one has the right to bequeth his wealth in favour of the heirs designated
by the Almighty Himself. The verse, in fact, admonishes all ill-advised
elements, who on the basis of their own intellect or personal inclinations
may desire to amend the law: A warning is being sounded to them that these
shares have been apportioned by the immense knowledge and wisdom of the
Creator of the heavens and the earth, which encompass all His directives.
Man inspite of his formidable talents can neither acquire the vastness
of His knowledge nor comprehend the profundity of His wisdom. If he is
a true believer, he must submit to the Word of God.
Secondly, the law of inheritance as
stated in the Qur’an is based on the underlying cause of ‘the benefit
of kinship’, as indicated by the words la tadruna ayyuhum aqrabu lakum
naf‘a (you know not who among your children and parents are nearest
to you in benefit). Consequently, the directive in reality does not pertain
to the relatives but is related to the underlying cause present in this
relationship, which actually entitles them to become the heirs. All the
relatives whose shares have been stated in the Qur’an will be considered
eligible to be the recipients only in case the underlying cause of this
directive ie, benefit can be proven in their relation to the deceased.
This benefit is by nature present in parents, children, brothers, sisters,
husbands, wives and other close relations. Hence, in normal circumstances,
they will be considered the heirs to the legacy of a deceased. However,
in certain unusual circumstances (for example in case of patricide), if
an absence of benefit in any of these relationships is seen by sense and
reason, the style and pattern of the verse demands that such a relative
should not become an heir to the legacy. Therefore, in such cases, if someone
is deprived from his share, it would be perfectly in accordance with the
purport of the verse, to which its words so clearly testify.
After this background, I now come
to your question. It is evident from the above analysis that the basic
reason why the share of a son is more than that of a daughter is the fact
that in the life of parents the son is usually more beneficial to them
than the daughter. This is so simple a fact that it can be easily understood
in societies where the institution of family is still very strong and has
deep roots. In a family system, parents become dependent on the children
as they grow old. The ease and comfort they feel in living with a son is
much more than what they feel while living with a daughter. The simple
reason is that a son is independent in taking decisions while a daughter,
once she gets married, is actually more dependent on her own husband and
is not so independent. The modern western mind feels averse to this distribution
because the family system is dwindling in their society. Parents are generally
more uncomfortable in living with either the son or the daughter, both
of whom become independent at a very early age. So I would say that they
can only understand (and marvel subsequently at this distribution) if they
are first able to grasp the importance of the institution of family.
A thing which may be worth mentioning
here is that there may be cases even in societies having a strong family
system where a daughter may prove more beneficial to her parent(s) than
the son; in this case, the provision is there in Islamic law whereby a
parent in his lifetime can gift as much wealth as is deemed necessary to
the daughter. Similarly, there may be the case that the daughter in her
specific circumstances may need more money; here again wealth can be gifted
to her. Parents, as discussed in the explanation of the verse, can also
deprive a son(s) from inheritance if the son(s) becomes ‘non-beneficial’
to them in any way.
In short, the 2:1 ratio pertains to
normal circumstances; in exceptional ones there are many remedies in Islamic
law -- some of which I have tried to explain.
Lastly, this difference of share is
among the children only since the difference in benefit exists. On the
other hand, as far as receiving the inheritance of a child is concerned,
in most cases stipulated by Islamic law, both the mother and the father
receive an equal share (ie one sixth) because for a child the benefit from
a mother and a father are equal.
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