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Girls' Share in Inheritance |
According to the
Quran, the share of one boy is equal to that of two
girls (4:11).
Allah enjoins you concerning your children: The male
shall have the equal of the portion of two females; then
if they are more than two females, they shall have
two-thirds of what the deceased has left, and if there is
one, she shall have the half; and as for his parents, each
of them shall have the sixth of what he has left if he has a
child, but if he has no child and (only) his two parents
inherit him, then his mother shall have the third; but if he
has brothers, then his mother shall have the sixth after
(the payment of) a bequest he may have bequeathed or a debt;
your parents and your children, you know not which of them
is the nearer to you in usefulness; this is an ordinance
from Allah: Surely Allah is Knowing, Wise.[4:11]
The
Quran establishes a society in which men are the main
earners and are responsible for providing the means of
subsistence (4:34),
because the duties and responsibilities assigned to the
women do not leave them with enough time to earn their own
living. In such a society in which the man is responsible
for earning livelihood and providing the means of
maintenance, he should get a larger portion when making an
economic division. That is why, in inheritance, a boy's
share has been kept double that of a girl.
So if
on one hand a man gets double than a woman from the
inheritance, on the other hand, he has the responsibility
for providing the means of maintenance to the family.
Similarly, if on one hand a woman gets half than a man from
the inheritance, she is exempt from any responsibility of
earning and providing the means of support to the family.
According to the Quran, girls are not responsible for
providing the means of maintenance of their own, or of their
family. On the contrary, a boy has to bear his own expenses
in addition to those expenses of his wife and children. As
such, he should be getting the greater share.
On the
other hand, in a situation in which men are neglecting their
duties and it is feared that the girls would be rendered
destitute, then the Quran gives authority that, in a will, a
person can divide his property as he pleases and according
to the circumstances. Writing a will is mandatory according
to the Quran.
The
division of inheritance as given in the Quran (4:11) is only
applicable if a person dies without leaving a will, or if
his will does not include all his property. The division as
given in 4:11 is only from that property that the deceased
did not include in his will, (i.e. the property that is left
after the payment of legacies) and/or what is left after the
payment of debt, if any. In his will the person could give
more share to the girl than the boy if he deemed appropriate
according to the circumstances.
The
division given by the Quran in 4:11 is in view of another
principle given by the Quran that men are responsible for
bearing the expenses for maintaining the family.
Another guidelines while dividing the inheritance is that
there is no loss to anyone (ghayra mudarrin) (4:12).
Another point that should be mentioned here is that although
the main responsibility of providing the means of
maintenance is on the male but if female wishes or there is
need or appropriateness, female can also earn and own.
(4:32)
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