Despite all the rights that are granted in the Islamic Sharia to women in every area of life and despite the fact that most of these rights have rarely been granted to women worldwide without great global efforts, many people prejudiced against Islam highlight the rule of inheritance – ‘For the male, what is equal to the share of two females' – to criticise Islam. They say that this rule encourages discrimination against women, oppressing and harming them, as the male inherits what equals the share of two females. Such criticism is levelled by non-Muslims and some groups of Muslims, who are ignorant of the rulings of the religion and its honourable purposes. These groups want this rule to be amended so that males and females receive an equal share of their inheritance. The religion of Islam makes no distinction between men and women socially, economically, legally, politically and educationally. Fourteen centuries ago, the Prophet Muhammad (Peace and blessings be upon him) said: “The pursuit of knowledge is incumbent on every Muslim, male and female." This means that women have the same right to education as men. By giving women their rights, Islam makes it clear that women are not slaves to men; nor do they need to play the role of men in society to be recognised as humans or gain respect. Spiritual and intellectual equals In Islam, man and woman are intended to complement and co-operate, not compete with each other. Islam regards women as the spiritual and intellectual equals of men. For a Muslim, the important thing is who can come closest to God and earn the greatest reward. The Holy Qur'an says: ‘Whoever does deeds of righteousness, whether male or female, while being a believer - those will enter Paradise, and not the least injustice will be done to them.' [Surah an-Nisaa'] “Islam abolished the practice whereby the inheritance went only to the oldest male heir. According to the Qur'an, a woman automatically inherits from her father, her husband, her son and her childless brother. “The Qur'an contains specific guidance regarding the division of the inherited wealth among the rightful beneficiaries. The verses that broadly describe the share of close relatives are found in Surah an-Nisaa'," Sheikh Ahmed Turk, Al-Nour Mosque preacher, told The Egyptian Gazette. “In these verses, Allah establishes the right of children, parents and spouses to inherit a specific share without leaving the matter to human judgement and emotions. In the absence of certain close relatives, a share is apportioned to more distant ones," he said. A perfectly balanced product “The system of inheritance is a perfectly balanced product of the Creator's knowledge of human need and takes into account His imposition of greater responsibility upon particular members of the family in varying situations," Sheikh Turk continued. Allah (Glory be to Him) says: ‘Allah (thus) directs you as regards your children's (inheritance): to the male, a portion equal to that of two females, if only daughters, two or more, their share is two-thirds of the inheritance; if only one, her share is a half. ‘For parents, a sixth share of the inheritance to each, if the deceased left children; if no children, and the parents are the (only) heirs, the mother has a third; if the deceased left brothers (or sisters) the mother has a sixth. ‘(The distribution in all cases is) after the payment of legacies and debts. You know not whether your parents or your children are nearest to you in benefit. These are settled portions ordained by Allah; and Allah is All-Knowing, All-Wise.' (Surah an-Nisaa') “In most cases, the female inherits a share which is half that of the male. However, this is not always so. There are certain instances when they inherit equal shares, and in some cases, a female can inherit a share that is more than that of the male. “In case the deceased has left no ascendant or descendant but has left a brother and sister, each of the two inherits one sixth. If the deceased has left children, both the parents that are mother and father get an equal share and inherit one sixth each," stressed Sheikh Turk. Allah (Glory be to Him) says: ‘If the man or woman whose inheritance is in question has left neither ascendants nor descendants, but has left a brother or a sister, each one of the two gets a sixth; but if more than two, they share in a third; after payment of legacies and debts; so that no loss is caused (to anyone). Thus it is ordained by Allah; and Allah is All-Knowing, Most Forbearing.' (Surah an-Nisaa') A man's economic responsibility In certain cases, a woman can also inherit a share that is double that of the man. If the deceased is a woman who has left no children, brothers or sisters and is survived only by her husband, mother and father, the husband inherits half the property while the mother inherits one third and the father the remaining one sixth. “In this particular case, the mother inherits a share that is double that of the father," Dr Mohamed el-Shahat, Professor of Islamic Sharia in the Faculty of Law, Helwan University, told The Gazette over the phone. “Even when the male is given a larger share, there is a perfectly logical reason behind it. In Islam a woman has no financial obligations towards her family, even if she is wealthy or has her own source of income; the economic responsibility always lies with the man," Professor el-Shahat explained. “As long as a woman remains unmarried, it is the legal obligation of her father, brother or other guardian to provide her food, clothing, medication, housing and other financial needs. “After she is married, it is the duty of her husband or adult son. Since Islam holds the man financially responsible for fulfilling all the needs of his family, it gives him double the share of the inheritance in most cases. “The difference in shares does not mean that one sex is preferable to the other. It represents a just balance between the roles and responsibilities of family members according to their natural, physical and emotional makeup," Dr el-Shahat, the former Secretary-General of the Supreme Council for Islamic Affairs, added. Family obligations “In general, the woman is in charge of running the household and taking care of the needs of those within it, so she is relieved of financial obligations. Despite this, she receives a share of the inheritance which becomes her own property to save or use as she pleases. No other person has claim to any portion of her share. “In contrast, the man's share becomes a part of his property from which he is obliged to maintain his children and all female members of the household, so it is constantly being consumed," Sheikh Fouad Abdel-Azeem, the First Undersecretary of the Ministry of Endowments, told this newspaper. “Suppose someone dies leaving a son and a daughter. The son's share of inheritance will be depleted when he gives a dowry to his wife and supports his family, including his sister until she marries. “However, his sister's share remains untouched, or might even increase if she invests it. When she marries, she will receive a dowry from her husband and will be maintained by him, having no financial responsibilities whatsoever," Abdel-Azeem concluded. [email protected] welcomes any feedback from readers.
