Question:
Assalamualaikum Datuk Mufti, I have a question regarding the division in inheritance. I want to ask why is it that a man receives double from the portion of the inheritance compared to a woman?
Answer:
Waalaikumussalam wrt. wbt.
Alhamdulillah, praise and thanks to Allah for the countless blessings He has blessed us all with. Blessings and salutations to the Prophet Muhammad PBUH, his wives, his family, companions and all those that follow his teachings to the day of judgement.
We start with the words of Allah SWT:
لِّلرِّجَالِ نَصِيبٌ مِّمَّا تَرَكَ الْوَالِدَانِ وَالْأَقْرَبُونَ وَلِلنِّسَاءِ نَصِيبٌ مِّمَّا تَرَكَ الْوَالِدَانِ وَالْأَقْرَبُونَ مِمَّا قَلَّ مِنْهُ أَوْ كَثُرَ نَصِيبًا مَّفْرُوضًا ﴿٧﴾
“For men is a share of what the parents and close relatives leave, and for women is a share of what the parents and close relatives leave, be it little or much - an obligatory share.”
Surah al-Nisa’ (7)
The above verse basically explains that Allah SWT commanded that when a person passes away, then his property is inherited by the rightful heirs of the man and it is explained that for every man or woman they have their own portions in the inheritance. Then the verse further explains regarding the portions for sons and daughters in His statement:
يُوصِيكُمُ اللَّـهُ فِي أَوْلَادِكُمْ لِلذَّكَرِ مِثْلُ حَظِّ الْأُنثَيَيْنِ
“Allah instructs you concerning your children: for the male, what is equal to the share of two females.”
Surah al-Nisa’ (11)
The above verse is one of the verses that explain the matters of inheritance or more commonly known as faraid or mawarith. In this verse, Allah SWT explained that for every inheritance of a son is equal to two portions of a daughter. This means that a son will receive double the portion of a daughter.
Syeikh Mutawalli al-Sya’rawi when commenting on the above verse said, Allah SWT make the portion of a woman as the benchmark of a man where the portion for a man is determined through the equivalent portion of two women. Thus, he was asked, where is the fairness of the verse for it clearly shows that a woman will receive less than a man?
Then, the syeikh answered, a husband is commanded to provide sustenance for his wife, while for a woman her portion is hers alone before or after she marries. [See Tafsir al-Sya’rawi; 4/2025]
Dr Wahbah Zuhaili said in his commentary, the portion for a son is the same as two portions of a daughter for a man has a great responsibility to provide for sustenance and to pay the mahar (dowry). Whereas for a woman she does not have the responsibility to provide for anyone, whether as a daughter, sister, mother, wife or others. A woman is only responsible to provide for herself when she has reached puberty if she has not married. [See Tafsir al-Munir; 4/273]
In a hadith of the Prophet PBUH narrated by Ibn ‘Abbas RA:
«أَلْحِقُوا الْفَرَائِضَ بِأَهْلِهَا، فَمَا بَقِيَ فَهُوَ لِأَوْلَى رَجُلٍ ذَكَرٍ»
“Give the shares to those who are entitled to them, and what remains over goes to the nearest male heir.”
Sahih al-Bukhari (6732) and Sahih Muslim (1615)
Imam al-Nawawi said in his syarah, what is meant by أولى رجل is the nearest relative to him and does not mean more worthy. He then added that the Prophet PBUH explained الرجل here is the reason as to why he has a right to receive ‘asabah and is prioritized in regards to inheritance. Thus, it is explained in the Quran the relationship with the above verse, which is the wisdom of it, where a man has to bear numerous responsibilities in matters such as finance, family and others. [See Syarh al-Nawawi ‘ala Muslim; 11/53]
This matter is explained further with the opinion issued by Dar al-Ifta’ al-Misriyyah which states that one of the principles or guidelines in the division of inheritance is the financial burden that is wajib according to syarak on the heirs towards others. This is the only principle that results in the difference between a man and a woman, in terms of the financial responsibility of a man is more compared to a woman.
However, the ratio of 2:1 is not absolute in all situations for there are situations where a woman’s portion is more or equal to a man’s portion.
Conclusion
To conclude, the portion of a son is double the portion of a daughter for a son has more financial responsibilities to bear such as in providing for sustenance, mahar, dependants and others. And this does not mean that there is no fairness on a woman for she is not commanded to provide for her husband or family members for it is the responsibility of a man. Lastly, we cite a verse of the Quran where Allah SWT states that there are surely wisdoms for everything that He has determined and created for His slaves. Allah SWT states:
أَفَحَسِبْتُمْ أَنَّمَا خَلَقْنَاكُمْ عَبَثًا وَأَنَّكُمْ إِلَيْنَا لَا تُرْجَعُونَ ﴿١١٥﴾
“Then did you think that We created you uselessly and that to Us you would not be returned?"
Surah al-Mukminun (115)
May Allah SWT ease our affairs grant a steadfast heart and faith as well as bless our every deed.
Wallahua’lam.