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The Criteria for the Difference Between Male and Female Shares of Inheritance in Islamic Sharia

المصدر: مجلة الشريعة والدراسات الإسلامية
الناشر: جامعة الكويت - مجلس النشر العلمي
المؤلف الرئيسي: Al Hashimi, Sultan Ibrahim (Author)
المجلد/العدد: مج36, ع126
محكمة: نعم
الدولة: الكويت
التاريخ الميلادي: 2021
التاريخ الهجري: 1443
الشهر: سبتمبر
الصفحات: 265 - 302
DOI: 10.34120/0378-036-126-008
ISSN: 1029-8908
رقم MD: 1163689
نوع المحتوى: بحوث ومقالات
اللغة: الإنجليزية
قواعد المعلومات: IslamicInfo
مواضيع:
الشريعة الإسلامية | الأحكام الشرعية | المواريث
كلمات المؤلف المفتاحية:
Criteria | Inheritance | Equality | Equity | Alimony | Women’s Inheritance
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المستخلص: This article is an attempt to deduce the criteria of preference for one gender over the other in inheritance in Islamic Sharia law through assessing the different cases of male and female shares of inheritance. Results showed that there are four criteria for giving preference to the inheritance of one gender over the other. These are the criterion of need, the criterion of consanguinity, the criterion of the age of the inheritor, and the criterion of alimony. The inheritance system in Islamic Sharia is based on foundations and rules that seek to achieve absolute equity between the genders through precise criteria, most of which are in favor of women, not against them. There is no evidence from the Qur’an or the Sunnah that the Islamic inheritance system favored men over women or gave men a greater share based on gender considerations. There is no favoritism of males over females. Rather, the preference is for the male’s need in the duties of alimony over the female’s need who is not obligated to pay alimony. The preference is also given to the close kinship over the distant ones, and to the younger generations who are expected to live a longer life over the elderly who are not expected to live as long. The article also handled the issue of the female inheritance and indicated that the current demand for equality of females with males in inheritance is unfair to her; because in many cases the female takes a bigger share that that of the male, and equality in this respect means part of her share is deducted and given to the male. The research adopted the inductive analytical approach, and the originality of the study is shown in the researcher’s background in the jurisprudence of inheritance and transactions. This article is an attempt to deduce the criteria of preference for one gender over the other in inheritance in Islamic Sharia law through assessing the different cases of male and female shares of inheritance. Results showed that there are four criteria for giving preference to the inheritance of one gender over the other. These are the criterion of need, the criterion of consanguinity, the criterion of the age of the inheritor, and the criterion of alimony. The inheritance system in Islamic Sharia is based on foundations and rules that seek to achieve absolute equity between the genders through precise criteria, most of which are in favor of women, not against them. There is no evidence from the Qur’an or the Sunnah that the Islamic inheritance system favored men over women or gave men a greater share based on gender considerations. There is no favoritism of males over females. Rather, the preference is for the male’s need in the duties of alimony over the female’s need who is not obligated to pay alimony. The preference is also given to the close kinship over the distant ones, and to the younger generations who are ex pected to live a longer life over the elderly who are not expected to live as long. The article also handled the issue of the female inheritance and indicated that the current demand for equality of females with males in inheritance is unfair to her; because in many cases the female takes a bigger share that that of the male, and equality in this respect means part of her sharen is deducted and given to the male. The research adopted the inductive analytical approach, and the originality of the study is shown in the researcher’s background in the jurisprudence of inheritance and transactions.
ISSN: 1029-8908

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