INHERITANCE OF PROPERTY
Islam recognises equal status of man and woman in the eyes of God. Therefore, women have their legal personality under Muslim law. They are given the right to own property, dispose of it, inherit from their relatives, and keep to themselves their earnings, which they can spend in any way they wish.
Women play many societal roles: daughters, sisters, mothers, and wives to men. In their different capacities, they are allowed a share in the properties of their relatives in proportions fixed by the Quran and explained in the traditions or legal literature.
Most guidance relating to women’s inheritance is contained in the Chapter Women; the Quran says:
“Concerning your children, God enjoins you that a male shall receive a share equivalent to that of two females. But if there are more than two females, then their share is two thirds of the inheritance. If there is only one, she will receive the half.…” (4:11)
The next verse of the same chapter deals with the shares of husband or wife:
“You will inherit half of what your wives leave, provided they have left no children. But if they leave children, then you inherit a quarter of what they leave, after payment of any bequests they may have made or any debts they may have incurred. Your wives shall inherit one-quarter of what you leave if you are childless. But if you leave children, your wives shall inherit one eighth, after payment of any bequest or debts. If a man or woman has no direct heirs [neither children or parents] but has left a brother or a sister, they shall each inherit one sixth, but if they are more than two, they share one third between them, after payment of any bequests or debts, so that no harm is done to anyone. That is a commandment from God: God is all knowing and forbearing.” (4:12)
In his English translation of the Quran, Abdullah Yusuf Ali notes: ‘The principles of inheritance law are laid down in broad outline in the Quran; the precise details have been worked out based on the Apostle’s practice and that of his Companions, and by interpretation and analogy. Muslim jurists have collected a vast amount of learning on this subject…’
Women also have a right to make a will the way men are given this right and on the very same condition as men: that not more than one-third of the property shall be bequeathed and that those who will inherit as heirs shall not be entitled to take under the bequest. (Sahih al-Bukhari, Hadith No. 2744; Sahih Muslim, Hadith No. 1628)
