An analysis of the rationale behind the distribution of shares in terms of the Islamic law of intestate succession

Muneer Abduroaf

doi:10.17159/2225-7160/2020/v53a8

Abstract

An analysis of the rationale behind the distribution of shares in terms of the Islamic law of intestate succession

Highlights

A daughter always inherits half the share of a son in terms of the Islamic law of intestate succession. (See Khan The Noble Qur’an – English Translation of the Meanings and Commentary 1404H (4)[11] where it states that “Allah commands you as regards your children’s; to the male, a portion equal to that of two females...”)
It should be noted that the law of intestate succession applies the estate of a deceased person not governed by a will
Al Quraan is one of the primary sources of Islamic law that is applicable to Muslims

Summary

Introduction

A daughter always inherits half the share of a son in terms of the Islamic law of intestate succession. (See Khan The Noble Qur’an – English Translation of the Meanings and Commentary 1404H (4)[11] where it states that “Allah commands you as regards your children’s (inheritance); to the male, a portion equal to that of two females...”). If the man or woman whose inheritance is in question has left neither ascendants nor descendants, but has left a brother or a sister, each one of the two gets a sixth; but if more than two, they share in a third; after payment of legacies he (or she) may have bequeathed or debts, so that no loss is caused (to anyone). This is a Commandment from Allah; and Allah is Ever All-Knowing, MostForbearing.” (See Khan 1404H (4) 12). The note concludes with an overall analysis and concluding remarks

The consistency of discrimination against females

Rationale behind the distribution of shares

Conclusion