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Shiavault - a Vault of Shia Islamic Books Faith and Reason Question 32: Difference in inheritance of women and men in Islamic Jurisprudence Question: Why is the inheritance of women half that of men? Before answering this question, it is necessary to remember that the rule that states that the portion of inheritance of a man is twice that of a woman is not true across the board.
In some cases we find that men and women take an equal sum of inheritance, like for instance the father and the mother of the deceased who take an equal amount of inheritance. In this case there is no difference between man and woman. Having said this, it is necessary to address the question of why the share of a woman’s inheritance is half of that of a man’s? Is this not a type of favouritism? In a tradition, Imam Ja’far b.
Muhammad as-Sadiq (ع) was asked as to why women take one portion of inheritance when we see that they are weaker than men and they are more in need of help than them? Why is it that a man, who is stronger than a woman and whose body is more powerful than hers should get a double share of inheritance? Imam Ja’far b. Muhammad as-Sadiq (ع) replied that the reason for this is that a man has more responsibilities and he must go to war, enduring many expenses in the process.
Aside from his own expenses, a man must also take upon himself the expenses of his spouse and children. What’s more, he must give money to the family of a person accidentally injured by one of his family members.[^1] In another tradition, Imam Ja’far b. Muhammad as-Sadiq (ع) emphasized the fact that it is the man which must give dowry to the woman—this being a recompense to the loss incurred by her in her inheritance[^2]. Islam’s position on inheritance is in reality to the benefit of the woman.
In the Age of Ignorance, the daughters and wives of the deceased were deprived of inheritance and all of the wealth of the deceased went to his sons. Islam, however, came and annulled the laws of the ignorant times and made women amongst the inheritors of the deceased. From its inception, Islam gave women an independence in ownership and monetary matters, this being a matter that has only but recently entered the laws of European nations.
Even though apparently the inheritance of a man is double that of a woman, when we probe into the matter more thoroughly, we find that the inheritance of a woman is two times that of a man.