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Shiavault - a Vault of Shia Islamic Books A New Perspective: Women in Islam Chapter 9: Inheritance “God directs you in regard to your children’s inheritance: to the male, a portion equal to that of two females.” (4:11) Fatma: In Islam, is the distribution ratio of inheritance only applicable to children?
Sayyid: The area of inheritance, like most of the subjects we have covered, is once again governed and administered according to the case; therefore, the distribution ratio is not applied to every case of inheritance. There are many factors that need to be considered before an inheritance may be distributed. In all cases, it depends on who the deceased was, and on who are the nearest living relatives, such as if the deceased left a wife, children, parents, sisters, brothers, or no descendants.
After establishing the line of descendants, then the proper portions may be distributed. Hypothetically, if the parents died and left behind only daughters, then the distribution would be in equal shares among them. In the case where an only child survives a deceased father, and there was no surviving wife or parents of the deceased, then that child, irrespective of gender, inherits everything of the deceased father’s estate; no other relative may claim rights to the inheritance.
Therefore, the laws of inheritance are not all governed by the fact that males may receive a portion double to that of females. There are other areas in which a woman’s portion is equal to that of a man’s. A mother, in most cases, is entitled to the same share of her son’s inheritance (one-sixth), as is the father. Specifically, regarding the verse which you cited[^1], if the children were of both genders and the estate was their parents’, then the ratio would apply.
The son receives two-thirds and the daughter acquires one-third of the inheritance. Fatma: Why is it that, within the immediate family, sons acquire more of their parents’ inheritance than daughters? Sayyid: The basis of distribution is not a reflection of gender preference but on the fundamental Islamic injunction that men are financial responsible for maintaining the family; therefore, monetary compensation is the main reason as to why the inheritance ratio was set.
Sons are financially responsible for their living mother and dependent siblings; hence, sons, as a means to provide financial sustenance for the family, could use the assets of the deceased father.