Journal of ELT and Education (JEE), an international refereed quarterly

ISSN: 2618-1290 (Print), 2663-1482 (Online); Volume: 2, Issue-3 & 4, July-December 2019, Page: 73-80

Citation:
Gani, M. A. H. & Khan, M. N. (2019). Women Rights of Inheritance in Islam: Equity versus
Equality. Journal of ELT and Education, Volume-2, Issue-3 & 4, 73-80.
Article info:
Received: 31.08.2019; Revised: 16.10.19; Accepted: 11.10.2019; Published: 22.10.2019
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Copyright © Center for Academic Research and Development (CARD), a concern of Hello-Teen Society, Dhaka, Bangladesh
Research Paper

Women Rights of Inheritance in Islam: Equity versus Equality

Md. Abdullah Hil Gani1, Md. Nadir Khan2

Abstract
Islamic law of inheritance, applicable to Muslim, stands on the foundation of principle of equity not
of equality to ensure and manifest justice between the both sexes of human being. Rights fountain
from the mountain of duties. Within the family structure of Islam, men, being the sole bread earner,
women are privileged and protected under the umbrella of obligation of men. Social security and
economic independence are ensured to women by providing equitable share in inheritance in
contrast to men. Due to failure of comprehensive understanding of the whole aspect of rights and
duties of men and women in the valley of Islam, some critiques consider this as an injustice to the
women. Life-cycle of a man is full of financial obligations whereas a woman is immune from any
such obligations though she has much wealth or earns money. In her life-cycle a woman is kept
protected as financial obligation lies on the father, brother, husband, son etc. and finally on the
state and in no circumstances a woman remains unsecured and unprotected. The present study
readdressed the scheme of sharia law to show that Islam has ensured justice by ignoring apparent
mathematical calculation in getting equal share to that of man by ordaining equitable distribution.
Both descriptive and analytical methods were used in this research by using primary as well as
secondary data sources.
Keywords
Equity, equality, inheritance, Shari’ah, obligation

1. Introduction
Islam has a distinct way of life apart from other civilization. The scheme of sharia law is to ensure
justice to human being. Islam gives equal dignity to both sexes of human being. But in terms of
getting inheritance it takes its stand to ensure fairness and justice by giving women equitable
rather equal share since men have the sole responsibility to earn and expend for their families. On
the other hand, women do have zero responsibility in this regard though they earn money or
possesses much more wealth. A man has to pay dower to his wife at the inception of marriage, has
to bear maintenance of his wife and children. Naturally as duties breed rights, double shares are

Corresponding Email: abdullahlaw33@gmail.com

1
Assistant Professor, Department of Law, Manarat International University, Dhaka, Bangladesh
2
Lecturer, Department of Law, Manarat International University, Dhaka, Bangladesh
Women Rights of Inheritance in Islam

given to a man than that of a woman of the same degree in getting inheritance. To evaluate the
scheme of inheritance law in Islam fair and unbiased outlook is expected as Islam suggests a
comprehensive approach in distribution of inheritance.
However, some critiques of Islamic laws of inheritance claimed that Islam does injustice to
women in terms of inheritance. The critiques of Islamic Inheritance put argument that there is
unequal proportion of inheritance between men and women in Islam. They have tried to evaluate
the scheme of the Shari’ah law plainly from gender centric outlook. The feminist movements have
demanded equal rights as in their view, women are also given opportunity and are expected to be
able to function as the protector and the holder of power in a family like men.
This paper may give humble answers to the critics who criticize the unequal distribution of share
from their feminist perspective of injustice.

2. Objectives
The current study intends to find out the basis of Islamic approach regarding distribution of wealth
in inheritance to men and women. The major objective of this paper is to find out whether Islam
has ensured justice or fairness to both sexes of human being by applying its doctrine of inheritance
i.e. equity instead of equality in the distribution of inheritance rights.

3. Literature Review
The inheritance law of Islam has been observed and examined from various outlooks by different
researchers and scholars. Literatures in respect of distribution of property between men and
women under Islamic law are done from different angles.
Some authors render their opinions in perspective of injustice and western feminist approach.
Lindsey (2018) opined that under the Islamic law of inheritance, men generally receive larger,
sometimes double, the shares than women get. In some cases, distant male relatives can supersede
wives, sisters and daughters, leaving women not just bereaved but also destitute. Cherif (2010)
says that Islam, specifically the prevailing interpretations of Islamic law and the attitudes fosters
gender inequality in Muslim countries and he also argued that Islamic law is seen to impede
women’s access to full citizenship by focusing on the matters of inheritance where women are
entitled to half as much as men.
The abovementioned arguments have been curtailed by some other authors in their research
findings. In their opinion, the arguments of critiques are based on the Western outlook of equality
where justice can only be manifested through equality in positions and in monetary values in all
respect of human life. The supporter of Islamic laws of inheritance found that Islam has ensured
justice by its scheme. As in their opinion Islamic laws of Inheritance should be observed in a
comprehensive outlook rather than plain or apparent mathematical outlook. Haonrver (1988) in his
research found that that the Qur'an corrected the inequities and the economic injustices which
existed in pre-Islamic Arabia concerning the distribution of wealth after making a comparative
review of the pre-Islamic and the Islamic principles of the inheritance laws.
Nasir (2009) states that prior to Islam, women had neither inheritance rights of any kind; nor did
they enjoy the legal rights, nor did they had the financial independence that exist for them at the
present time. The reforms undertaken by the Shari’ah secured fair and just inheritance rights for
women.
Kuran (2011) observes that the rules of inheritance are ordained in details in the Holy Quran other
than all other economic rules. Although a female heir’s entitlement normally amounts to only half
that of a male in the same class of inheritors, in seventh-century Arabia this right strengthened and
increased the economic security and social status of women.
JEE, Volume-2, Issue-3 & 4, July-December 2019

Some literatures can be traced in this respect focusing on the principle of equity. The rules of
equity and equitable considerations commonly recognized in the Courts of Equity in England are
not foreign to Mussalman system, but are in fact often referred to and invoked in the adjudication
of cases under that system. Mulla (2013) and Islam (2004) observed that both sexes of human
have some constraint of varying categories and not equally competent in all respect of life. If they
pursue their respective duties and respect their due rights, only then justice to both the sexes will
be established.
On the contrary, if the term ‘equality’ taken in literal sense, that will not bring any welfare to
either of them rather it may create conflict in respect of mutual rights and duties. For that reason,
the term ‘equity’ is more appropriate in contrast to the term ‘equality’ in the peripheries of rights
and duties under Islamic jurisprudence. Islam (2004) has further observed that as the international
human rights standpoint, mostly based on western outlook, is for the development of human being
from their perspective, it must support and respect the Islamic law of inheritance though seeming
apparently discriminatory in their eyes but in Islamic view from the perspective of rights and
duties of men and women, it has ensured justice because men are burdened with responsibilities
and expenses which women need not share and for this man should certainly have something as
subsidy.
Shah (2006) has observed that in the Islamic philosophy of human rights, duties are stressed more
than rights; respecting the human rights of others amounts to fulfilling the duty imposed by divine
command. When there is observance of duties by one, there is possession of rights by another. He
has also opined that women inherit a smaller share not because of their gender, but for their
economic contribution in family.
Radford (2000) observed that the piecemeal application of certain practices without an
understanding of the larger picture and context and application may give the impression that
Islamic inheritance law is unfair towards women. But in reality, this would be a hasty conclusion.
He showed two justifications of receiving greater shares of the inheritance. One is that men
function as a provider for the family and another is that a wife is entitled to the entirety both of her
own wealth and husband’s wealth and a husband is entitled only to his own.
Similar argument is given by Qutb (1964) who argues that the proportion of share of men and
women is natural and justified as in Islam men alone are charged with shouldering all the financial
obligations to spend on his wife, children, sisters and widows etc. On the other hand, women are
under no such obligation to spend money on her family and also may keep her own property
without spending it on her household. A careful reading and understanding of the full breadth of
Islamic inheritance rulings rebuts the notion that the rulings privilege men. While women inherit
less than men in four situations, they inherit more than men in 16 situations, and equal to men in
10 situations (Soltan, 2000).
This paper rebuts the proposition of injustice towards women in respect of inheritance based on
apparent mathematical calculation and gender equality. The researchers show that the women in
Islam are not deprived rather justice has been ensured towards women by allotting equitable share
in the quantity of half, equal, less than half and more than half of the property of the propositus, as
per the demand of situation.

4. Methodology
The researchers used a qualitative approach to determine the right of a Muslim woman under
Islamic Sharia law in respect of inheritance. The study is basically based on secondary data. Data
is collected from various sources of Sharia law (Quran and Sunnah), published journal articles and
reports. The data analysis also followed by the qualitative way maintaining the descriptive and
critical technique in the time of analysis of the data.
Women Rights of Inheritance in Islam

5. Findings and Discussion

Allah, the Exalted, offered a full and detailed method of women’s inheritance in the Qur’an and
Sunnah, and if an unbiased student of knowledge reflects on the details, he or she will discover the
fault of the critiques that women are discriminated in enjoying right of inheritance.
A man shoulders the responsibility of maintenance of wife, children and other necessitous
relatives within prohibited degree i.e. parents, minor siblings, unmarried sister, divorced or widow
sister etc. On the other hand, a woman has no financial responsibilities whatsoever but is secured
and provided for expenses except very little of her own elegant or lavish personal expenses.
We can compare the responsibility of man and woman with the following table:
Table-1: Responsibility of man and woman
Woman Man
As a daughter Maintained by As a son up to Maintained by
before marriage father adult age father
As a wife after Maintained by Maintained by
As a husband
marriage husband himself
Full responsibility
No financial
As a mother responsibility Maintenance As a father
for daughter up to
marriage, for son
to children
up to adult age
Maintained by
Maintained by
As a widow adult son/other As widower
himself
male relatives
As unmarried By adult As adult brother
sister when brother/ other when becomes By himself
becomes orphan male relatives orphan
Maintained by
As orphan As adult orphan
grandfather, By himself
granddaughter grandson
uncle etc.
Dower

Dower is paid No dower is paid

As wife As husband
by husband by wife

In the above table we see that women do not have any financial responsibility comparing to or in
contrast to men. All the responsibility belongs to men. If there is no close male relative to a
woman, then the society at large and the state in particular has to take the responsibility of a
woman.
Now we can put our attention on the position of women in respect of inheritance. We need to
rediscover the scheme of sharia law regarding the share of women. It is to be noted that among 12
Qur’anic heirs, who are of first grade heirs, 8 are women. They are mother, true grandmother,
widow, daughter, son’s daughter, full sister, consanguine sister and uterine sister. If we closely
examine the provision of Islamic law, we find several situations concerning the share of women:
a) Sometimes inheritance of a woman is half or less the share of a man
b) Sometimes she inherits while the male counterpart does not inherit
c) Sometimes she has equal share to male
d) Sometimes she inherits more than male
JEE, Volume-2, Issue-3 & 4, July-December 2019

5.1. Situations where a woman inherits half or less the share of a man
Where there are sons and daughters or son’s sons and son’s daughters of predeceased son or sons
in the absence of any survived son or daughter of the propositus. The Quran says: “Allah instructs
you concerning your children, to the male, the equivalent portion of two females” (The Holy
Quran, 4:11).
a) If the propositus leaves father, mother and does not leave any children, father gets twice
of mother
b) If the propositus having no son leaves full sisters and full brothers (siblings from the
same father and mother)
c) If the propositus having no son and full sister leaves consanguine sisters and brothers
5.2. Situations where a woman inherits while a male counterpart does not inherit
There are situations where woman inherits but in the same case if it is man of same degree he does
not inherit. To understand it we can place a diagrammatical illustration. For example, a woman
died leaving behind property of Tk.78,0000 and is survived by husband, father, mother, a
daughter, a son’s daughter/son’s son.
Case A:
Amount
Heir (Quranic) Quranic share Calculation
(Tk.)
Husband 1/4 3/15 x 78,0000 15,6000
Father 1/6 2/15 x 90,0000 10,4000
Mother 1/6 2/15 x 90,0000 10,4000
Daughter 1/2 6/15 x 90,0000 31,2000
Son’s Daughter 1/6 2//15 x 90,0000 10,4000

Case B:
Heir (Quranic) Quranic Calculation Amount (Tk.)
share
Husband 1/4 3/13 x 78,0000 18,0000
Father 1/6 2/13 x 78,0000 12,0000
Mother 1/6 2/13 x 78,0000 12,0000
Daughter 1/2 6/13 x 78,0000 36,0000
Son’s Son Residue Nothing is left

Here, the son’s daughter inherits Tk. 10,4000 as Quranic heir i.e. heir of first degree while the
son’s son as residuary i.e. heir of the second degree inherits nothing as nothing is left after
deducting share of the Quranic heir.
5.3. Situations where a woman has equal share to a man
a) If the propositus leaves father, mother, and son or son’s son.
b) If the propositus, without having father/true grandfather or child or son’s child, leaves
uterine brother and sister.
c) If the propositus, without having father/true grandfather or child or son’s child, leaves
full sisters, and uterine brothers and sisters.
d) If the propositus, without having father/true grandfather or son or son’s son, leaves a
daughter, a brother.
e) If the propositus leaves father, maternal true grandmother and son or son’s son. Here the
share of father and maternal true grandmother is the same.
f) If the propositus, without having father/true grandfather or child or son’s child, leaves her
husband and a full sister, the sister receives the remaining half as Quranic heir.
Women Rights of Inheritance in Islam

If there is husband, mother, uterine sister, and a full brother, the husband is entitled to half, the
mother is entitled to one sixth, and the remainder (one sixth) goes to the full brother. The share of
uterine brother and sister is the same.
5.4. Situations where a woman inherits more than a man
It is to be noted that the biggest share of inheritance in Islam is two-third (2/3) which is granted to
women not to men. Where there are two or more daughters or son’s daughters or full sisters or
consanguine sisters in the absence of male counterpart of the same degree, they get collectively
2/3 in the respective case. We can explain the matter in the following tables:
Fact 1:
Suppose, a woman is survived by husband, father, mother, and two daughters or two sons leaving
behind Tk. 360,000, the distribution will be as follows:
Heir Quranic share Calculation Amount (Tk.)
Husband 1/4 3/15 x 360,000 72,000
Father 1/6 2/15 x 360,000 48,000
Mother 1/6 2/15 x 360,000 48,000
2 Daughters 2/3 8/15 x 360,000 192,000
The denominator of the distribution will be 15 instead of 12. As the aggregate of numerator is 15.
By applying doctrine of awl or increase, the denominator is made 15.
If the heirs are two sons instead of two daughters as mentioned above, the distribution will be as
follows:
Heir Quranic share Calculation Amount (Tk.)
Husband 1/4 3/12 x 360,000 90,000
Father 1/6 2/12 x 360,000 60,000
Mother 1/6 2/12 x 360,000 60,000
2 Sons Residue 5/12 x 360,000 150,000
Here we find that the daughters get Tk. 192,000 while the two sons in the similar situation get Tk.
150,000.
Fact 2:
Suppose, a woman is survived by husband, mother and 2 sisters or 2 brothers leaving behind Tk.
360, 000, the distribution will be as follows:
Quranic
Heir Calculation Amount (Tk.)
share
Husband 1/2 6/16 x 360,000 135,000
Mother 1/6 2/16 x 360,000 45,000
2 Full Sisters 2/3 8/16 x 360,000 180,000
The denominator of the distribution will be 16 instead of 6. As the aggregate of numerator is 16.
By applying doctrine of awl or increase, the denominator is made 16.
If the heirs are two brothers instead of two sisters as mentioned above, the distribution will be as
follows:
Quranic
Heir Calculation Amount (Tk.)
share
Husband 1/2 3/6 x 360,000 180,000
Mother 1/6 1/6 x 360,000 60,000
2 Full
Residue 120,000
Brothers
JEE, Volume-2, Issue-3 & 4, July-December 2019

Here we find that 2 full sisters get Tk. 180,000 while the two full brothers in the similar situation
get Tk. 120,000.
Fact 3:
Suppose, a woman is survived by husband, father, mother and a daughter or son leaving Tk. 312,
000, the distribution will be as follows:
Heir Quranic share Calculation Amount
Husband 1/4 3/13 x 312,000 72,000
Father 1/6 2/13 x 312,000 48,000
Mother 1/6 2/13 x 312,000 48,000
One Daughter 1/2 6/13 x 312,000 144,000
If the heir is one son instead of one daughter as mentioned above, the distribution will be as
follows:
Heir Quranic share Calculation Amount
Husband 1/4 3/12 x 312,000 78,000
Father 1/6 2/12 x 312,000 52,000
Mother 1/6 2/12 x 312,000 52,000
One Son Residue 130,000
Here we find that one daughter gets Tk. 144,000 while one son in the similar situation gets Tk.
130,000. From the above illustrations we learn that in all situations, women do not take less the
share of men. Also, it is established that on many occasions, women may take the equal share of
men or even more.
So, in Islamic law, the inheritance of heirs is not based on gender but on the extent of kinship to
the deceased and the financial responsibility and maintenance of the heirs. If we closely observe
the above illustrations, we will find that women are given half of the men where she is
complemented by her male counterpart of the same degree i.e. daughter-son, brother-sister etc. As
in the absence of the ascendant the responsibility to maintain women goes to men i.e. adult
brother, if the woman remains unmarried or becomes widow. On the other hand, when the
deceased leaves only daughters or sisters having no sons or brothers, as the case may be, the
women are given half of the property if single, if more than one given 2/3 of the property
collectively as there is no brother of her to look after directly. Although the Muslim law of
inheritance may seem to be a complex infra-structure of devolution of property, in reality, it is
comprehensive, logical and complete in all respects (Sinha,1995). Islamic law of inheritance is the
most exact and scientific law (Faiz-ud-din, 2009). Muslim women are the absolute master of their
property and have ability to deal with their share unlike Hindu law and the older English common
law (Fyzee, 2008). Therefore, the Islamic rules of inheritance should not be judged based on
apparent distribution rather it must be valued having comprehensive outlook to understand
perfection of the Islamic law as Allah SWT, the Almighty can never do injustice. The issue of
injustice may not be the right discussion as to women’s rights in inheritance under Islamic law as
Allah SWT says that: “God is not oppressor of His servants, and Your Lord wrongs no one” (The
Holy Quran, 18:49).

6. Conclusion
The treatment of women in Islam in respect of inheritance, must be observed in broader aspect of
Islamic social and financial policy. Being an ideology and system distinct from the western
outlook of rights and responsibilities of man and woman, it must be judged from the perspective of
rights and responsibilities of man and woman ordained by Islam. Unlike other social systems, a
person can generally deal with his wealth in his life however he wants, but his will has certain
Women Rights of Inheritance in Islam

restrictions under the Islamic Law as it has put certain restrictions in dealing with wealth i.e. it has
made payment of Zakat obligatory for Muslims, restricted bequests up to 1/3 of the whole property
etc. unlike other social, political and religious systems. In other social systems often, there is no law
that obliges a man with financial responsibilities and relieves the women in this respect. In Islam,
men are required to take care of the entire financial needs of the women of the family. Therefore,
demanding a “fair”, “just” or “equal” share of inheritance for both male and female Muslims, who
do not have equal financial obligations and responsibilities, is an unfair and unjust demand. But
the critiques of Islamic law of inheritance being failed to realize the comprehensive system of
Shari’ah law always beat drums for equal rights of women in all respect in inheritance and blame
Islamic system for the vulnerability of the women. But it is evident that it is not the law but the
social mentality and evil practice is responsible for the deprivation of women in getting their rights
of inheritance. So, instead of demanding equal share of the women in inheritance, the feminist
movement and everyone concerned should stand for the manifestation of justice by raising voice
for the enforcement of the prescribed share determined by the Holy Quran for the Muslim women
as the women in our society usually do not get their share in most of the cases and to achieve that
end, voice is needed for the enactment of proper laws and establishment of proper legal
framework.

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