Women’s Inheritance and Equality
A. The Pre-Islamic Situation
One of the claims made to support the idea that Islam favors men over women and violates gender equality is the rule that grants men twice the share of inheritance given to women. However, the truth is that assigning a woman one share and a man two has nothing to do with establishing male superiority. On the contrary, Islam protected the rights of women and young children—whose rights were violated and who were oppressed during the Age of Ignorance (Jahiliyya)—by granting them a share in inheritance. Regarding this, the Qur’an states: “For men there is a share of what the parents and close relatives leave, and for women there is a share of what the parents and close relatives leave, be it little or much—a prescribed share.” (Surah An-Nisa, 4:7)
In pre-Islamic Arab society, women were not entitled to inherit anything. In fact, women themselves were treated like property and would be inherited by the male relatives of the deceased. Only adult men who could wield a weapon and defend the homeland were allowed to inherit. The deceased’s estate would go to the nearest male relatives who were old enough to fight in battle. Similarly, in the practices of Medina, only boys who had reached puberty could inherit from their fathers; younger siblings—both boys and girls—and even mothers were excluded.
It was in this context that the verse was revealed: “God instructs you concerning your children: for the male, a share equal to that of two females…” This command was displeasing to the polytheists, who said: “A woman gets a quarter or an eighth, a girl gets half, and even a small child is given a share of inheritance. But they can neither ride horses nor fight in battle. A child is useless!” This clearly shows that, at the time, a person’s value was measured by their contribution to the economy or to war efforts.
This mindset, which opposed the divinely ordained distribution based on justice and profound wisdom, was a remnant of the Jahiliyyah mentality that lingered in the hearts of some. Unfortunately, even today, some minds still reflect this outdated way of thinking—one that is not much different from that of pre-Islamic Arabs. A clear example of the circumstances that led to this verse is the case of a woman who came to the Prophet Muhammad (peace and blessings be upon him) after the Battle of Uhud. She was the wife of the respected Sa’d ibn Rabi’, who had been martyred in the battle. Accompanied by her two daughters, she said: “O Messenger of God (peace and blessings be upon him)! These are the daughters of Sa’d. Their father was martyred at Uhud. Their uncle has taken all of their inheritance and left them with nothing. Yet these girls cannot marry without financial means.” The Prophet (peace and blessings be upon him) listened to her complaint and said, “God will reveal His ruling on this matter.” Following this, the inheritance verse was revealed.
Thus, Islam saved women and children from the injustice of being excluded from inheritance and granted them social and legal identity alongside men. Therefore, instead of criticizing Islam with claims like “It only gives women half a share,” those who claim to advocate for women’s rights should acknowledge and appreciate the fairness and reform that Islam introduced to such a social system. The Qur’an, through this ruling, not only eliminated discrimination among sons of different ages but also explicitly granted shares to other female relatives such as mothers, daughters, sisters, grandmothers, and granddaughters. These prescribed shares (referred to as nasīban mafrūḍan—“an obligatory portion”) are fixed rights and cannot be overridden by wills or any legal or customary arrangements. This expression in the Qur’an is the clearest indication that the ruling is definitive, explicit, and unchangeable.
B. Qur’anic Verses on Women’s Inheritance
It is clear in Islam that women have rightful shares in inheritance just like men. The main point of contention, however, revolves around why a woman receives half the share of a man.
First, it must be emphasized that the generalization that Islam always grants a woman half the share of a man in inheritance is based on a selective and incomplete reading of the relevant verses. When these verses are examined carefully and without prejudice, it becomes clear that this claim does not reflect the full truth. Here’s why:
1. The rule that a woman receives half the share of a man applies only in specific cases, such as when a daughter inherits alongside her brother, both being children of the same parents. As stated in the Qur’an: “God instructs you concerning your children: for the male, a share equal to that of two females. But if there are only daughters, two or more, their share is two-thirds of the estate. If only one, she receives half.” (Surah An-Nisa, 4:11)
Therefore, it is evident that giving the woman half the share of a man is not a universal rule applicable in all situations. Claiming otherwise is a misrepresentation of the verse.
2. As seen in the same verse, a woman’s share in inheritance is not always half. If the deceased has only daughters and they are more than two, they collectively inherit two-thirds of the estate. If there is only one daughter, she receives half of the estate. (Surah An-Nisa, 4:11)
3. If a man dies and leaves behind both parents and children, each of his parents receives one-sixth of the inheritance. However, if the deceased has no children, and the parents are the sole heirs, the mother receives one-third. If the deceased has siblings, the mother’s share is reduced to one-sixth. (Surah An-Nisa, 4:11)
4. If a husband dies without leaving children, the wife inherits one-fourth of the estate. If he does have children (from her or another wife), her share is one-eighth. As stated:
“If you die and leave no children, your wives shall receive one-fourth of what you leave. If you leave children, they shall receive one-eighth…” (Surah An-Nisa, 4:12)
As we can see, the claim that a woman always receives half the share of a man is incorrect. The share a woman receives varies based on the individuals she shares the inheritance with.
C. Why Two Shares for a Man and One for a Woman?
From a superficial perspective, the Qur’an’s rule that a woman inherits half the share of her brother may appear unjust or unequal. However, in truth, this division reflects complete fairness. In fact, even just from the standpoint of reason and basic principles of justice, this distribution is entirely appropriate. Here’s why:
1. In Islam, inheritance is distributed based on each individual’s responsibilities and financial obligations. The financial upkeep of a mother, wife, daughter, or sister is not her own responsibility; rather, it falls on the shoulders of her son, husband, father, or brother. Women are generally not responsible for supporting others financially.
Men, however, are always responsible for the financial support of their wives, daughters, mothers, and even sisters if needed. A man is the official guardian and caretaker of his family and is held accountable for all dependents under his care.
Therefore, based on the principle that “privilege corresponds to responsibility,” the man, who must provide for his wife, daughters, mother, and potentially sisters, is given a share twice as large as that of the woman, who bears no such financial obligation.
2. In Islam, a woman has complete authority over her own wealth and property. Even if she is wealthy, she is under no obligation to contribute to the household expenses. From this perspective, if both man and woman were given equal shares of inheritance, it would actually create an imbalance against the man, since he bears full financial responsibility for the family while the woman does not. This would be an injustice to the man. Bediüzzaman Said Nursi offers the following insight on this matter: “The verse stating that ‘a male receives a share equal to that of two females’ reflects not only justice but also mercy. It is just because, in the vast majority of cases, a man marries a woman and undertakes her financial support. A woman, on the other hand, marries a man and places her financial burden on him, thereby compensating for what might appear to be a shortfall in her share of the inheritance.”
3. If a woman is unmarried, she is an independent individual with no dependents to support. Upon marriage, her financial needs—and those of her children—become the complete responsibility of her husband. The wife bears no obligation to provide financial support for the household. In addition, she receives a mahr (bridal gift) from her husband, and according to social custom, she is also often given gold, household goods, money, and other valuable gifts. Since household expenses are the husband’s responsibility, the woman is not required to spend her own wealth. She may save it or even invest it. The man, however, is expected to use his inheritance to cover marriage expenses, the mahr, and his family’s needs. Furthermore, if his unmarried sister is unable to support herself, it is the brother’s duty to assist her.
So, when viewed from this perspective as well, granting two shares to the man and one to the woman reflects true fairness. Islam envisions a structure where social interdependence and economic independence coexist: while family members are emotionally and socially connected, they remain economically distinct. Understanding this is key to appreciating Islam’s emphasis on mutual love, respect, and compassion within the family. Still, no matter how noble economic independence might be, it does not imply that a woman must fend for herself entirely or live isolated from the family structure. The economic responsibility and social welfare of the family always rest on the shoulders of the man. In fact, this privileged position granted to women is a reflection of the value and honor Islam bestows upon them.
4. A man is free to give his sister an equal or even greater share of the inheritance than he receives—as a gift or donation—without any legal or religious restriction. This is a matter of goodwill and generosity, and no one has the right to prevent it.
5. Islam is not limited to one era, nation, or culture. Its rulings consider all times, all societies, and the core nature of the human being. Historically and across cultures, it has been common—both in the past and even today—for families to view daughters as those who “carry the family wealth to strangers” when they marry. However, even if a woman marries, starts her own household, and has children, she still typically needs her parents’ and brothers’ compassion, care, and protection more than a man does. The affection she receives from her family is often far more valuable than the material wealth she might inherit. Therefore, granting equal inheritance to sons and daughters could unintentionally weaken the emotional bond and compassion traditionally extended to daughters. Bediüzzaman offers the following perspective on this: “This is also a matter of mercy. That delicate girl is in need of her father’s compassion and her brother’s care. Under the Qur’an’s ruling, she receives undisturbed affection from her father, who will not see her as a child who might cause half of his wealth to pass into the hands of strangers. His love remains free from worry and resentment.”
He also receives mercy and protection from his brother without rivalry or jealousy. His brother does not view her as a “rival” who will destroy half of the family’s legacy and transfer a significant portion of the wealth to others. That compassion and protection come without resentment or bitterness. Thus, the naturally delicate, refined, and physically frail girl may appear to lose something materially, but in return, she gains an invaluable wealth of affection and compassion from her relatives. To give a woman more than her rightful share in an attempt to be more merciful than divine mercy itself is not compassion—it is, in fact, a severe injustice. Such a move could even resemble the barbaric cruelty of pre-Islamic ignorance (Jahiliyyah), when daughters were buried alive out of merciless jealousy. The modern-day equivalent might be the savage greed that, under the guise of justice, paves the way for yet another form of heartless wrongdoing. All of the rulings of the Qur’an echo the divine statement: “We have not sent you except as a mercy to the worlds.” (Al-Anbiya, 21:107) Bediüzzaman’s insights add profound depth to this issue.
Today, due to men and women being given equal shares in inheritance, many brothers and sisters become estranged. A brother may find it unacceptable that his sister receives half of their father’s wealth, only to then pass it on to others (through marriage or otherwise). This way of thinking, rooted in pre-Islamic tribalism, has led to widespread inheritance disputes in modern times. It’s not uncommon for men to pressure their sisters to renounce their shares or accept only a small portion. Often, women sign away their rights under such pressure. In family courts, women are persuaded—or silenced. Sadly, as we also see in the media, inheritance disputes sometimes spiral into endless blood feuds. The refusal to accept the divine distribution of wealth and the insistence on altering rightful shares has led not to justice, but to countless injustices and acts of oppression.
For these reasons and more, men are given a larger share of inheritance in proportion to the financial responsibilities they bear. Even if a woman is rich or poor, she bears no financial burden. Whether she is a daughter, a wife, a mother, or a widow, her social and financial security is always protected. If we claim that this divine ruling from the All-Wise Creator is not just, then one must ask—what justice remains in the world?
In Sum, in the Qur’an, inheritance law—presented as a continuation of family law—is one of the most thoroughly detailed topics. The contemporary issue of “equal inheritance for women” stems largely from looking at the matter through the narrow lens of equality. This is, we believe, the root of the misunderstanding. The Qur’an clearly specifies different shares for women based on their roles: wife, mother, single daughter, or multiple daughters—all are handled under different rulings. As with other aspects of Islamic law, those who demand absolute equality tend to ignore these fundamental principles.
Thus, giving a woman half the share of a man in certain cases has nothing to do with the superiority of men over women. If that were the case, then one would also have to argue that children—who sometimes inherit more—are superior to their own fathers, which would be a laughable claim. On the contrary, this division reflects a balanced distribution of sustenance aligned with the respective responsibilities of men and women. It aims to foster love and justice within the family and society. Moreover, the focus on needs and responsibilities between men and women is meant to ensure that the most vulnerable—typically young children starting out in life—are given the resources they need. They are often more financially fragile and in greater need than their elders. This system of distribution helps maintain human dignity within the smallest social unit—the family—and also serves as a step toward building a stable middle class.
Dr. Selman KUZU, July-August-September 2001, Issue: 53, Year: 14
