The pre-Islamic Arab deprived women and small children from inheritance.
The pre-Islamic Arab deprived women and small children from inheritance. The Portions of Inheritance In this verse, the ordinance of the first class of inheritors (children, fathers, and mothers) has been mentioned.
At first, it says: "Allah enjoins you concerning your children: The male shall have the equal of the portion of two females...." This meaning is a kind of emphasis on the portion of daughters taking from the inheritance and challenging with the traditions of the people in the Age of Ignorance who deprived women totally. Then the verse denotes that if the heirs of the diseased are exclusively two daughters or more than that, two-thirds of the inheritance belongs to them. It says: "...
and if they are more than two females, then they will have two-thirds of the inheritance..." But if there remains only one daughter, she will have half of the whole inheritance. The verse says: "...
and if there is (only) one, she will have the half..." Now, the inheritance of fathers and mothers, who are also involved in the first class of inheritors and are in the same row with the children, is classified in three states: The first state: is when the diseased person has an offspring or offsprings; then there will be one sixths of the inheritance for the father and again the same portion for mother. It says thus: "...
and as for his parents, each of them shall have a sixth part of the inheritance if he has a child..." The second state: is when there exists no child and the inheritors are only the parents. In this case one thirds of the whole wealth belongs to the mother and the rest of it belongs to the father, as the verse says: "...
but if he has no child and his parents be his heirs, then his mother shall have the third..." The third state: is when the inheritors are only parents and he has no offspring but he has brother(S) from the side of his parents or only from the side of his father. Then, the portion of the mother decreases from one third to one-sixth and the remaining five-sixth of the inheritance belong to the father. It says: "...
and if he has brothers, then his mother shall have the sixth..." In fact, brothers, who do not inherit anything, prevent the additional amount of the inheritance of the mother, and that is why, in Arabic language, they are called /hajib/ 'chamberlain'. Then, the Qur'an says that all of these things are after fulfilling the bequest that the diseased has bequeathed, and paying his debts, saying thus: "...