Muslim Australians - Religion Cultural Diversity Resource Manual

Inheritance
One of the criticisms that are made of
Islamic law is that it seems to favour
men in the area of inheritance, and
it is commonly believed that when
it comes to inheritance a woman is
only worth half of a man. In actual
fact, inheritance laws are much
more complex than that, and many
Muslims argue the entire social fabric
of an Islamic society must be taken
into account when appreciating the
wisdom of Islamic inheritance law.
In Arabian society before the Prophet
Muhammad, women often could
not inherit anything. In fact, they
were sometimes thought of as ‘goods’
to be inherited themselves! The
Qur’an changed the Arab custom
and forbade the inheriting of women.
Then the Qur’an stipulated that
women should also receive a share of
inheritance:
‘From what is left by parents and
those nearest related there is a
share for men and a share for
women, whether the property
be small or large, a determinate
share’. (Qur’an 4:7)
Furthermore, whatever a woman
inherited was hers to keep. The
husband had no claim to any of
her property and wealth, a right
that English women did not receive
until 1882. On the other hand, a
Muslim man had the responsibility
of looking after the female members
of his family and supporting them
from his means. This is why, some
Muslims argue, the amount of a
son’s inheritance is double that
of a daughter’s: because he has
the responsibility of looking after
the female members of his family,
while she may spend or keep her
inheritance for herself.
However, a man’s share is double that
of a woman’s only some of the time.
At other times men and women have
an equal share. For example, both the
mother and the father equally receive
a sixth of the inheritance of their
deceased child, so Muslims argue
that the division of inheritance is not
simply based on gender.
It is also worth noting that there is
debate in Muslim scholarship today
on the application of inheritance
law. Some Muslim scholars argue
that the inheritance laws apply only
where a person has not left a will.
Another viewpoint is that a Muslim
can specify that up to one third of his
or her estate be given to whomever he
or she chooses. Generally speaking,
however, Muslims follow the pattern
of inheritance laws laid down in
the Qur’an, and in Australia it is
important for Muslims to leave a will
stating this. 26
...the division
of inheritance
is not simply
based on gender
26
See http://www.jannah.org/sisters/inheritance.html
Muslim Australians:THEIR BELIEFS, PRACTICES AND INSTITUTIONS 41