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Woman's inheritance (Arabic: إرث المرأة) refers to the property or rights that pass to a woman after the death of one of her consanguineous or causal relatives. In Shia jurisprudence, a woman's inheritance may be less than, equal to, or greater than a man's. In cases such as the presence of a child and living parents, the man and woman receive an equal share, but in other cases, the woman receives half of the man's inheritance (such as a daughter's inheritance compared to a son's). In special cases, such as inheritance from grandchildren, a woman may receive a greater share than a man.

The reason for the difference in the inheritance of men and women is considered to be the obligation of mahr, nafaqa (alimony), jihad, and the diya of the 'aqila upon the man, which compensates for his financial burden. Some exegetes have also considered the psychological and social conditions of men and women as a factor in this difference. Furthermore, some narrations and the responses of the Imams (a) to objections regarding the difference in inheritance indicate that the difference is due to the man's financial needs and social responsibilities.

Before Islam, many religions and civilizations deprived women of inheritance. In some of these religions, such as Judaism, women were deprived of inheritance, but in Christianity, gender had no effect on inheritance. Islam abrogated these laws and granted women inheritance rights just like men.

Nature and Position

A woman's inheritance is the property or rights that pass to her after the death of one of her consanguineous or causal relatives. Also, a woman's share of the property of someone who has become an apostate and is a consanguineous or causal relative of the woman is considered part of the woman's inheritance.[1] A woman's inheritance is discussed in the science of jurisprudence in the chapter of inheritance[2] and in exegeses under the verses of inheritance.[3] According to ʿAbd Allāh Jawādī Āmulī, the author of Tafsīr-i Tasnīm, God, in the phrase "li-l-dhakari mithlu ḥaẓẓi l-unthayayn" (for the male is the equivalent of the portion of two females) in verse 176 of Sura al-Nisa', made the woman's inheritance the principle when determining the inheritance in order to give importance to the woman's right and inheritance, and then stated the man's share.[4]

Difference Between the Inheritance of Men and Women

In Shia jurisprudence, the cases of a woman's inheritance are various. In some cases, it is half of the man's inheritance, in some cases it is equal to the man's inheritance, and sometimes it is more than it.[5]

Cases where the woman inherits equally with the man:

  • If the deceased has a child and both of their parents are alive, each of the parents receives one-sixth of the inheritance.[6]
  • The maternal brother and sister of the deceased inherit equally.[7]

Cases where the woman inherits less than the man:

  • A daughter inherits half of what a son inherits; the evidence for this ruling is the verse "li-l-dhakari mithlu ḥaẓẓi l-unthayayn", according to which the son's share is equal to the share of two daughters.[8]
  • If the brother and sister of the deceased are from the same parents, the sister of the deceased inherits half of her brother's share.[9]

Cases where the woman's share of inheritance is greater than the man's:

  • If the deceased has no other heir besides a father and a daughter, in this case, the father inherits one-sixth and the daughter inherits more than that.
  • If the children of the deceased died during his lifetime and he has grandchildren, in this case, the son's grandchild inherits the son's share and the daughter's grandchild inherits the daughter's share. Accordingly, if the son's grandchild is a girl and the daughter's grandchild is a boy, in this situation, the girl inherits twice as much as the boy.[10]

A woman, like a husband, is present in all classes of inheritance and inherits.[11] It has been said that the criterion for the difference in inheritance in Islam is not being male or female, but rather the position of the man and woman in the family system, and based on this, whoever suffers more loss inherits more.[12]

Woman's Inheritance from Her Husband's Immovable Property

Main article: Wife's Inheritance

Some Shia jurists believe that a woman inherits from her husband's immovable property in addition to movable property.[13] Narrations also indicate this.[14] In the amendment to Article 946 of the Civil Code of the Islamic Republic of Iran, it is also stated that the wife inherits from the actual movable property and from the value of immovable property, including both land and buildings.[15]

However, the famous Shia jurists believed[16] that a woman does not inherit from her husband's immovable property, such as land; neither from the property itself nor from its value.[17] According to Jaʿfar Subḥānī, a Shia marja', this issue is considered one of the exclusive rulings of Imamiyya jurisprudence provided the woman has no child from her husband.[18] It has been said that based on narrations and consensus, a woman inherits from the value of building materials like wood and bricks, as well as the value of trees.[19] The ruling depriving women of immovable property is derived from narrations,[20] and the narrations indicating that a woman also inherits from her husband's immovable property[21] are interpreted as taqiyya[22] or considered specific to cases where the woman has a child from her husband.[23]

Reason for the Difference Between Men's and Women's Inheritance

Mahr, nafaqa, jihad, and the diya of the 'aqilaTemplate:Note are considered the reasons for the difference between the inheritance of men and women.[24] In the view of Shia scholars, since these items are obligatory upon the man and not upon the woman, the man's inheritance has been made double the woman's inheritance in some cases to compensate for the financial burden on the man.[25] ʿAllāma Ṭabāṭabāʾī, a Shia exegete of the fourteenth century AH, also considered their psychological states (women being emotional and men being rational) as a factor in the difference between men's and women's inheritance, and in his view, one of the reasons for the difference in their inheritance is that the man is stronger than the woman in managing financial and life affairs and in intellect.[26] It has also been said that providing the living expenses of the woman rests on the shoulders of the man, not the woman; therefore, although the man's share is greater in terms of ownership, the women's share is double the men's share in terms of consumption and utilization.[27] Ayatollah Jawādī Āmulī, a Quranic exegete, believes that inheritance laws have been organized based on the social and family status of the man and woman, and the sole criterion is not being male or female, and the assumption that a woman always receives half of a man's inheritance simply because of her gender stems from a lack of attention to the rulings of inheritance, since sometimes the inheritance shares of men and women are equal.[28] It has been said that since in Islamic laws regarding the issue of inheritance, not only the financial aspect has been considered, but other aspects such as the natural and psychological aspects of women have also been taken into account; the woman's involvements in terms of procreation, her lesser capability in acquiring wealth, her greater consumption of wealth compared to men, and special mental and psychological considerations of women have caused Islam to make the payment of mahr and nafaqa mandatory for the man, and in return, to compensate for the financial burden on the man, it has made his share of the inheritance double that of the woman.[29]

Reason for Women's Inheritance Being Half in Narrations

The reason for women's inheritance being half was also raised in early Islam and during the era of the Imams,[30] and the Shia Imams (a), in response to this issue, have brought up the duty of men in paying mahr, nafaqa, jihad, and the diya of the 'aqila.[31] For example, in a narration, Ibn Abī l-ʿAwjāʾ, a famous zindiq of the era of Imam al-Sadiq (a), objected to the woman's share being half, and Imam al-Sadiq (a) in response pointed out the obligation of jihad, nafaqa, and the diya of the 'aqila upon the man and their non-obligation upon the woman.[32]

In another hadith, Imam Ali (a)[33] and Imam al-Sadiq (a)[34] have considered the reason for the woman's inheritance being half to be that the grains that Adam (a) ate in Heaven were double the grains that Eve ate.Template:Note It has been said that Adam's (a) eating more was an indication of the man's greater neediness, and for this reason, men's inheritance was doubled.[35] According to ʿAlī Akbar Ghaffārī in the footnote of the book Man lā yaḥḍuruh al-faqīh, since this narration is an isolated report (khabar al-wāḥid) (non-mutawatir), it is not authoritative in matters other than Sharia rulings, and therefore, there is no reason for the obligation of submission (taʿabbud) to it.[36]

Woman's Inheritance in Religions and Nations Before Islam

According to ʿAllāma Ṭabāṭabāʾī, at the time of the revelation of the Qur'an, the deprivation of women from inheritance was customary all over the world and among all ethnic groups and nations, and a woman, as a mother, daughter, wife, and sister, did not inherit, and even if she received an inheritance, it was under another title.[37] It has been said that in the Zoroastrian religion, if the deceased is a man, the man's share of inheritance is double the woman's, and if the deceased is a woman, the man's and woman's shares are equal.[38] In Judaism, a woman faces deprivations; including the mother being entirely deprived of the child's inheritance, and the wife, based on the apparent meaning of the Torah, is deprived of her husband's inheritance.[39] In Christianity, gender had no effect on inheritance, and men and women were equal in inheritance.[40]

It has been said that in ancient times, such as in Rome, Greece, India, Egypt, ancient China, and the Age of Ignorance, women were absolutely deprived of inherited property due to the prevention of wealth transfer from one family to another and their weak combat power.[41] In ancient Iran, too, a daughter who married was deprived of her paternal inheritance due to the fear of wealth transfer,[42] but daughters who had not yet married received half of the son's inheritance.[43]

According to Murtaḍā Muṭahharī, these laws were abrogated in Islam, and women, based on Islamic laws and rulings,[44] possessed rights just like men and are considered heirs.[45]

Civil Code of Islamic Countries

In the civil codes of Islamic countries, the inheritance of men and women is also different; according to Article 907 of the Civil Code in the Islamic Republic of Iran, if the heirs of the deceased are all daughters or all sons, they all inherit equally; but if some of them are sons and some are daughters, the son inherits twice as much as the daughter.[46] According to Article 913 of the Civil Code of Iran and Articles 2007 and 2027 of the Civil Code of AfghanistanTemplate:Note, the husband and wife are present in all classes of inheritance and receive their share of inheritance; accordingly, the woman's share of inheritance from the husband's property is one-fourth if she does not have a child, and one-eighth if she has a child.[47]

Based on Article 947 of the Civil Code of Iran, enacted in 1307 SH, a woman inherits from the value of buildings and trees, not from the actual property itself.[48] This article was removed on Bahman 6, 1387 SH, and based on Article 946, the woman inherits from the actual movable property and the value of her husband's immovable property.[49]

See Also

Notes

  1. ↑ See: Muʾassasat Dāʾirat al-Maʿārif al-Fiqh..., Farhang-i fiqh..., 1385 SH, vol. 1, p. 375.
  2. ↑ For example, see: Muḥaqqiq al-Ḥillī, Sharāʾiʿ al-Islām, 1408 AH, vol. 4, pp. 27-29; Al-Shahīd al-Thānī, Masālik al-afhām, 1413 AH, vol. 13, pp. 177-196; Al-Najafī, Jawāhir al-kalām, Dār Iḥyāʾ al-Turāth al-ʿArabī, vol. 39, pp. 196-220; Imām Khumaynī, Taḥrīr al-wasīla, Dār al-ʿIlm, vol. 2, pp. 396-399.
  3. ↑ For example, see: Ṭabāṭabāʾī, Al-Mīzān, 1390 AH, vol. 4, pp. 207-215; Makārim Shīrāzī, Tafsīr-i nimūna, 1374 SH, vol. 3, pp. 288-292.
  4. ↑ Jawādī Āmulī, Zan dar āyīna-yi jalāl wa jamāl, 1382 SH, p. 347.
  5. ↑ Jawādī Āmulī, Zan dar āyīna-yi jalāl wa jamāl, 1382 SH, p. 345.
  6. ↑ Muṭahharī, Niẓām-i ḥuqūq-i zan dar Islām, Nashr-i Sadrā, p. 223; Jawādī Āmulī, Zan dar āyīna-yi jalāl wa jamāl, 1382 SH, p. 346; Muʾassasat Dāʾirat al-Maʿārif al-Fiqh..., Farhang-i fiqh..., 1385 SH, vol. 1, p. 378.
  7. ↑ Jawādī Āmulī, Zan dar āyīna-yi jalāl wa jamāl, 1382 SH, p. 346.
  8. ↑ Sura al-Nisa', verse 11; Jawādī Āmulī, Zan dar āyīna-yi jalāl wa jamāl, 1382 SH, p. 346.
  9. ↑ Imām Khumaynī, Taḥrīr al-wasīla, 1392 SH, vol. 2, p. 412; Jawādī Āmulī, Zan dar āyīna-yi jalāl wa jamāl, 1382 SH, p. 346.
  10. ↑ Jawādī Āmulī, Zan dar āyīna-yi jalāl wa jamāl, 1382 SH, pp. 346, 347.
  11. ↑ Jawādī Āmulī, Zan dar āyīna-yi jalāl wa jamāl, 1382 SH, p. 345; Muʾassasat Dāʾirat al-Maʿārif al-Fiqh..., Farhang-i fiqh..., 1385 SH, vol. 1, p. 376.
  12. ↑ Mihrīzī, Shakhṣiyyat wa ḥuqūq-i zan dar Islām, 1386 SH, p. 467.
  13. ↑ Ṣādiqī Muqaddam, "Taḥawwul dar ḥuqūq-i irth-i zan az amwāl-i ghayr-i manqūl-i shawhar", 1391 SH.
  14. ↑ Al-Ṣadūq, Man lā yaḥḍuruh al-faqīh, 1413 AH, vol. 4, p. 349.
  15. ↑ "Zan az kudām amwāl-i shawhar irth mī-barad", Social and Crime Prevention Deputy of the Judiciary of Razavi Khorasan.
  16. ↑ Al-Najafī, Jawāhir al-kalām, Dār Iḥyāʾ al-Turāth al-ʿArabī, vol. 39, p. 212; Muʾassasat Dāʾirat al-Maʿārif al-Fiqh..., Farhang-i fiqh..., 1385 SH, vol. 1, p. 376.
  17. ↑ For example, see: Al-Najafī, Jawāhir al-kalām, Dār Iḥyāʾ al-Turāth al-ʿArabī, vol. 39, pp. 207, 215; Imām Khumaynī, Taḥrīr al-wasīla, Dār al-ʿIlm, vol. 2, p. 397.
  18. ↑ Subḥānī, Niẓām al-irth fī l-sharīʿat al-Islāmiyyat al-gharrāʾ, 1415 AH, p. 306.
  19. ↑ Al-Najafī, Jawāhir al-kalām, Dār Iḥyāʾ al-Turāth al-ʿArabī, vol. 39, p. 215; Imām Khumaynī, Taḥrīr al-wasīla, Dār al-ʿIlm, vol. 2, p. 397.
  20. ↑ For example, see: Al-Ṣadūq, Man lā yaḥḍuruh al-faqīh, 1413 AH, vol. 4, pp. 347-349; Al-Najafī, Jawāhir al-kalām, Dār Iḥyāʾ al-Turāth al-ʿArabī, vol. 39, pp. 212, 213.
  21. ↑ Al-Ṣadūq, Man lā yaḥḍuruh al-faqīh, 1413 AH, vol. 4, p. 349.
  22. ↑ Al-Ṣadūq, Man lā yaḥḍuruh al-faqīh, 1413 AH, vol. 4, p. 349, footnote 1; Mihrīzī, Shakhṣiyyat wa ḥuqūq-i zan dar Islām, 1386 SH, p. 470.
  23. ↑ Al-Ṣadūq, Man lā yaḥḍuruh al-faqīh, 1413 AH, vol. 4, p. 349.
  24. ↑ For example, see: Ṭabāṭabāʾī, Al-Mīzān, 1390 AH, vol. 4, p. 215; Muṭahharī, Niẓām-i ḥuqūq-i zan dar Islām, Nashr-i Sadrā, p. 225; Makārim Shīrāzī, Tafsīr-i nimūna, 1374 SH, vol. 3, pp. 290, 291; Muḥsinī, Zan dar sharīʿat-i Islāmī, 1391 SH, pp. 45, 47.
  25. ↑ See: Ṭabāṭabāʾī, Al-Mīzān, 1390 AH, vol. 4, p. 215; Muṭahharī, Niẓām-i ḥuqūq-i zan dar Islām, Nashr-i Sadrā, pp. 223-225; Makārim Shīrāzī, Tafsīr-i nimūna, 1374 SH, vol. 3, pp. 290, 291, 303, 304; Muḥsinī, Zan dar sharīʿat-i Islāmī, 1391 SH, pp. 45, 47.
  26. ↑ Ṭabāṭabāʾī, Al-Mīzān, 1390 AH, vol. 4, p. 215.
  27. ↑ See: Ṭabāṭabāʾī, Al-Mīzān, 1390 AH, vol. 4, p. 215; Makārim Shīrāzī, Tafsīr-i nimūna, 1374 SH, vol. 3, pp. 290, 291.
  28. ↑ Jawādī Āmulī, ʿAbd Allāh, Zan dar āyīna-yi jalāl wa jamāl, p. 404.
  29. ↑ See: Muṭahharī, Niẓām-i ḥuqūq-i zan dar Islām, Nashr-i Sadrā, pp. 224, 225; Muḥsinī, Zan dar sharīʿat-i Islāmī, 1391 SH, pp. 45-47.
  30. ↑ Muṭahharī, Niẓām-i ḥuqūq-i zan dar Islām, Nashr-i Sadrā, p. 225.
  31. ↑ See: Al-Kulaynī, Al-Kāfī, 1407 AH, vol. 7, p. 85, h. 1-3; Al-Ṭūsī, Tahdhīb al-aḥkām, 1407 AH, vol. 9, pp. 274, 275, h. 2, 3 and p. 398, h. 27, 28; Al-Ṣadūq, Man lā yaḥḍuruh al-faqīh, 1413 AH, vol. 4, p. 350, h. 5755-5757.
  32. ↑ Al-Kulaynī, Al-Kāfī, 1407 AH, vol. 7, p. 85, h. 2, 3; Al-Ṭūsī, Tahdhīb al-aḥkām, 1407 AH, vol. 9, pp. 274, 275, h. 2, 3; Al-Ṣadūq, Man lā yaḥḍuruh al-faqīh, 1413 AH, vol. 4, p. 350, h. 5757.
  33. ↑ Al-Ṣadūq, ʿIlal al-sharāʾiʿ, 1385 SH, vol. 2, p. 571, ch. 5.
  34. ↑ Al-Ṣadūq, Man lā yaḥḍuruh al-faqīh, 1413 AH, vol. 4, p. 351, h. 5758; Al-Ṣadūq, ʿIlal al-sharāʾiʿ, 1385 SH, vol. 2, p. 571, ch. 4.
  35. ↑ Fayḍ Kāshānī, Al-Wāfī, 1406 AH, vol. 25, p. 724.
  36. ↑ Al-Ṣadūq, Man lā yaḥḍuruh al-faqīh, 1413 AH, vol. 4, p. 351, footnote.
  37. ↑ Ṭabāṭabāʾī, Al-Mīzān, 1390 AH, vol. 4, p. 226.
  38. ↑ Daylamī, "Muṭālaʿa-yi taṭbīqī-yi irth-i zan", pp. 98-100.
  39. ↑ Daylamī, "Muṭālaʿa-yi taṭbīqī-yi irth-i zan", pp. 100-102.
  40. ↑ Daylamī, "Muṭālaʿa-yi taṭbīqī-yi irth-i zan", p. 102.
  41. ↑ See: Ṭabāṭabāʾī, Al-Mīzān, 1390 AH, vol. 4, p. 224; Muṭahharī, Niẓām-i ḥuqūq-i zan dar Islām, Nashr-i Sadrā, pp. 219, 220; Makārim Shīrāzī, Tafsīr-i nimūna, 1374 SH, vol. 3, p. 303.
  42. ↑ Ṭabāṭabāʾī, Al-Mīzān, 1390 AH, vol. 4, p. 226; Muṭahharī, Niẓām-i ḥuqūq-i zan dar Islām, Nashr-i Sadrā, p. 222, quoting Nafīsī, Tārīkh-i ijtimāʿī-yi Īrān az zamān-i Sāsāniyān tā inqirāḍ-i Umawiyān.
  43. ↑ Ṭabāṭabāʾī, Al-Mīzān, 1390 AH, vol. 4, p. 226.
  44. ↑ For example, see: Sura al-Nisa', verses 7 and 11.
  45. ↑ Muṭahharī, Niẓām-i ḥuqūq-i zan dar Islām, Nashr-i Sadrā, p. 223.
  46. ↑ "Qānūn-i madanī", Research Center of the Islamic Consultative Assembly.
  47. ↑ "Qānūn-i madanī", Research Center of the Islamic Consultative Assembly; "Qānūn-i madanī-yi Afghānistān", Bishārat Cultural Institute.
  48. ↑ "Qānūn-i madanī", Research Center of the Islamic Consultative Assembly.
  49. ↑ "Qānūn-i iṣlāḥ-i mawāddī az qānūn-i madanī", Research Center of the Islamic Consultative Assembly.

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