Female Inheritance in Islam 

In Islam the difference in inheritance is not based only on the gender of the heir, but on three primary factors:

o The degree of kinship to the deceased: Regardless of whether the heir is male or female, the closer the relationship to the deceased, the more an individual will inherit. For example, a deceased woman’s daughter is entitled to half the inheritance while the husband of the deceased only receives one fourth. This is because the daughter, as an immediate blood relative, is closer in relation than the husband.

o The generation to which the heir belongs: Despite the fact that they are both women, the daughter of the deceased inherits more than the deceased’s mother because they belong to different generations.

o Financial responsibility: It is in this category alone that shares of inheritance differ according to gender. When the individuals in a group of heirs are equal in both their relation to the deceased and their age (the first two factors mentioned above), the male receives twice as much as the female.

Overall, there are various situations and scenarios in which women’s share can be less than or equal to men’s. However, most common instances include those where women inherit half of what men do.

o Where women receive the same share as men: If the deceased leaves behind a father, a mother, and children, then the father and mother both receive one-sixth. If the deceased leaves behind siblings, then the sister and brother both receive one-sixth; and if there are more than two siblings, then they share one-third equally. In total, there are 11 cases which belong to this category.

o Where women receive a lower share than men: There are 4 cases of this category. It also happens to be the most common category that a typical person may find themselves in. If a husband dies and he is survived by a wife, one son and two daughters, the wife gets one-eighth, the son gets 50% of the remaining wealth after the wife’s share and the daughters get 25% each.

The higher share of men in the second category as mentioned above stems primarily from
the tenets of the social system in Islam and the financial obligations it puts on the two genders. Men are obligated to financially provide for the women under their guardianship such as wives, daughters, unmarried / widowed / divorced sisters (if the father is deceased or is unable to provide for them) and mothers (if the father is deceased or is unable to provide for them). Women, on the other hand, are not obligated to provide for anyone, not even themselves. Their basic needs are to be fulfilled by the closest male relative, be it father, husband, brother or son.

As an example, if a man dies and leaves behind US$ 1 million in inheritance, the way it
will be divided among his widow, one son and one (unmarried) daughter is as follows:
o Widow gets one-eighth or US$ 125,000. Of the remaining amount of US$ 875,000 the daughter gets a third or US$ 291,667
o The son gets two-thirds of the remaining amount, double the share of the daughter, or US$ 583,333

It is to be noted that the son is responsible to financially provide for his sister (until she gets married) and mother as well as his own wife and children. A large part of his inheritance is therefore expected to be spent in fulfilling these obligations. His sister, on the other hand, gets to keep her share of US$ 291,667 and does not have to share it with anyone, nor use it for any of her own basic needs.
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It should also be noted that Islam recognized women’s share in inheritance and made it a law
at a time when the recognition of women’s inheritance was non-existent in Arabia and the
situation was not good elsewhere either. Women were passed on as inheritance to the son/eldest son after the father died.
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Prior to 1800, women in most countries were unable to vote, had no say over their own children or property, and could not obtain a divorce. Around the year 1769 American colonies based their laws on the English common law. It said, “By marriage, the husband and wife are one person in the law. The very being and legal existence of the woman is suspended during the marriage, or at least is incorporated into that of her husband under whose wing, protection and cover she performs everything.”

In 1839 Mississippi allowed women to own property in their own names, with their husband’s permission. It was the first US state to do so. UK passed the Married Women’s Property Act in 1870. France granted women the right to own bank accounts in 1881.

Five years later, the right was extended to married women, who were allowed to open accounts without their husbands’ permission. The US did not follow suit until the 1960s, and the UK lagged until 1975. It was not until 1928 that women in Britain gained equal voting rights with men. Prior to that, it was only in 1868 that the first woman was admitted to a university in Britain but they were awarded certificates of proficiency, not degrees.

The Quran mentions inheritance in several places. Two of the most important verses addressing women’s inheritance are as follows:

o “For men there is a share in what their parents and close relatives leave, and for women there is a share in what their parents and close relatives leave—whether it
is little or much. These are obligatory shares” – Surah Nisa (4:7)
o “And for you is half of what your wives leave if they have no child. But if they have a child, for you is one fourth of what they leave, after any bequest they (may have) made or debt. And for them (i.e. the wives) is one fourth if you leave no
child. But if you leave a child, then for them is an eighth of what you leave, after any bequest you (may have) made or debt. And if a man or woman leaves neither ascendants nor descendants but has a brother or a sister, then for each one of them is a sixth. But if they are more than two, they share a third, after any bequest which was made or debt, as long as there is no detriment (caused). (This is) an ordinance from Allah, and Allah is Knowing and Forbearing” – Surah Nisa (4:12)