Islamic inheritance jurisprudence
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- This is a sub-article to Islamic economical jurisprudence and inheritance.
Islamic Inheritance jurisprudence is the field of Islamic Jurisprudence (Arabic: fiqh) that deals with inheritance, a topic that is prominently dealt with in the Qur'an.
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[edit] Women and inheritance
In Islam, women are entitled the right of inheritance,[1] but often a woman's share of inheritance is less than that of a man's.
In general circumstances, Islam allots females half the inheritance share available to males who have the same degree of relation to the deceased in some (though not all) circumstances. For example, where the deceased has both male and female children, a son's share is double that of a daughter's.[2] Additionally, the sister of a childless man inherits half of his property upon his death, while a brother of a childless woman inherits all of her property.[3]
Islamic scholars hold that the original reason for this difference is the responsibilities alloted to spouses. A husband in Islam must use his inheritance to support his family while a wife has no support obligations. Also, men had to pay the dowry to women in marriage while women did not have to pay anything to men. [4] [5]
The Qur'an does not discriminate between men and women in cases of kalalah relation.[6][7] Kalalah describes a person who leaves behind neither parents nor children; it also means all the relatives of a deceased except his parents and children, and it also denotes the relationships which are not through [the deceased’s] parents or children.
[edit] Other Scholars Views on Islamic Inheritance
Professor Almaric Rumsey (1825-1899) from King's College, University of London, wrote in one of his many legal books, "[the Muslim law of inheritance] comprises beyond question the most refined and elaborate system of rules for the devolution of property that is known to the civilised world."[8]
[edit] See also
[edit] References
- ^ "From what is left by parents and those nearest related there is a share for men and a share for women, whether the property be small or large,-a determinate share."Sura 4:7[1]
- ^ Qur'an, [Qur'an 4:11].
- ^ Qur'an, [Qur'an 4:126]
- ^ Javed Ahmed Ghamidi, Mizan, The Islamic Law of Economics, Al-Mawrid
- ^ Tafsir Nemooneh, Sura Nisa, v.12
- ^ "If a man or a woman is made an heir on account of his [or her] kalalah relationship [with the deceased] and he [or she] has one brother or sister, then the brother or sister shall receive a sixth, and if they be more than this, then they shall be sharers in one-third, after payment of any legacies bequeathed and any [outstanding] debts – without harming anyone. This is a command from God, and God is Gracious and All-Knowing." Qur'an, [Qur'an 4:12].
- ^ "People ask your pronouncement. Say: God enjoins you about your kalalah heirs that if a man dies childless and he has only a sister, then she shall inherit half of what he leaves and if a sister dies childless, then her brother shall be her heir; and if there are two sisters, then they shall inherit two-thirds of what he [or she] leaves. If there are many brothers and sisters, then the share of each male shall be that of two females. God expounds unto you that you err not and God has knowledge of all things." Qur'an, [Qur'an 4:176].
- ^ Rumsey, A. Moohummudan Law of Inheritance. (1880)
