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Question

Reference number: 511756 | Inheritance, Bequests, Endowment, Personal Status | Dec. 1, 2018

Is the woman’s share from inheritance always half that of the man according to the part of the verse “to the male, a portion equal to that of two females” An-Nisa’:11?

Answer

Praise Be to Allah and Peace Be Upon His Messenger.

The principle of distributing inheritance to heirs depend on different issues. For example, if the heirs have an equal relationship with the deceased person; for instance, if all of them are his children, then the distribution depends on the financial burden that each member has according to the rule: He who has the sheep is liable to fine. In other words, the one who has a bigger burden, can get a larger portion. Thus, in the above-mentioned case, males get a portion equal to that of two females. The prophet said: “profit follows responsibility.” This justified as the male is responsible for funding his female relatives such as his wife, mother, daughter or sister. In contrast, the woman has not to spend on any family member.

This distribution is not general. It is not followed in every distribution. The above mentioned case is an example on when and where the male gets a portion equal to that of two females. Allah says: “Allah commands you as regards your children’s (inheritance): to the male, a portion equal to that of two females;” An-Nisa’: 11

Islamic Legislation depends on certain rules such as “he who has the sheep is liable to fine”. Thus, each person can get their share in accordance with their financial burdens.

Inheritance is not distributed haphazardly; it depends on what the females usually spend, and on what the males usually spend. Those who have to spend more, can get larger portion. The women, for example, are not asked to offer dowry when marriage, and they are not asked to fund their husbands or children. On the other hand, men have to fund their families and their needy relatives.

It is worth mentioning, that the cases where the woman gets the half portion of that of the man are only four. However, there are more than thirty cases where women get more than men, or a woman gets a portion while a man does not.

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