Islamic inheritance laws are often misunderstood, particularly regarding women’s rights to inheritance. Many assume that women are inherently disadvantaged or receive significantly less than men. However, these assumptions are based on common misconceptions about women’s inheritance in Islam.
Islamic law provides a structured and balanced approach to inheritance, ensuring fairness while considering financial responsibilities. In this article, we address some of the most prevalent misunderstandings surrounding this topic.
Misconception 1: Women Always Receive Less Than Men
A common belief is that women always inherit less than men, but this is not universally true. One of the most widespread misunderstandings about Islamic inheritance law is the belief that women always receive less than men.
While it’s true that in certain cases, such as when a daughter inherits alongside a son, the daughter receives half the share of her brother, this is not a universal rule. Islamic inheritance is much more complex and nuanced than this simplified notion suggests.
In fact, there are situations in which a woman may inherit the same as a man, more than a man, or even inherit when a man does not.
The shares are determined based on the individual’s relationship to the deceased, the presence of other heirs, and the overall structure of the family.
The Islamic system aims to balance responsibilities and financial obligations, rather than provide equal shares across the board.
For example:
1) A mother inherits 1/6 (one-sixth) of her child’s estate, regardless of whether the deceased is male or female, and this may be equal to or more than what other male relatives receive.
2) A wife receives 1/4 (one-fourth) of her husband’s estate if there are no children, or 1/8 (one-eighth) if there are children, while a husband in return receives 1/2 (one-half) or 1/4 (one-fourth) under similar conditions.
In cases where a woman is the only surviving heir, she may inherit the entire estate, which clearly disproves the idea that women always receive less.
While it is correct that in certain cases a daughter receives half of what a son receives (Quran 4:11), this is due to the financial responsibilities assigned to men in Islam.
In contrast, women’s wealth is fully theirs to keep and use as they please, whereas men are obligated to financially support their families.
Misconception 2: A Wife’s Share is Insignificant
Another misconception is that a wife’s share is too small to be meaningful. Under Islamic law, a wife inherits one-eighth (1/8) of her husband’s estate if he has children and one-fourth (1/4) if he does not (Quran 4:12).
While this may seem small, it is important to remember that a wife has the right to maintenance from her husband while he is alive.
Additionally, if she has other sources of inheritance (e.g., from her father), she can receive more.
Misconception 3: Mothers Have No Role in Asset Guardianship
It is often assumed that a mother has no authority over her children’s inheritance and that only male guardians can manage it.
In Malaysia, Islamic law distinguishes between two types of guardianship:
1. Hadhanah (custody) – the right to care for the child (usually given to the mother)
2. Wilayah (Guardian of property for minor) – the legal right to make important decisions for the child, including matters of finance, marriage, and inheritance. When the father dies, the Guardian of Property for Minor does not go to the mother automatically. Instead, according to the Enakmen Undang Undang Keluarga Islam, it passes to a male relative of the father, such as the grandfather or uncle, unless a proper appointment is made beforehand. In reality, a husband can appoint his wife as the guardian for their children through a wasiat (will).
Thus, the choice is in your hands to ensure a black and white official document (wasiat) is available. If no wasiat is made, legal guardianship defaults to male relatives under Islamic law, but this does not mean a mother has no rights or influence in managing her children’s well-being and inheritance.
Misconception 4: Sisters Are Excluded From Inheritance
Some believe that sisters do not inherit if there are male heirs.
However, the Quran (4:176) explicitly grants inheritance rights to sisters. If a man dies, leaving only a sister, she inherits half of the estate.
If there are two or more sisters, they collectively inherit two-thirds (2/3).
If there are brothers, the inheritance follows the general rule of a 2:1 ratio, but sisters are never completely excluded.
Case Studies: Understanding Women’s Inheritance in Practice
To illustrate how Islamic inheritance laws work, let’s explore three different cases:
Case 1: A Man Passes Away Leaving a Wife, One Son, and One Daughter
Wife: 1/8 share
Son: 2 portions
Daughter: 1 portion
Since the son has financial responsibilities, he receives double the share of the daughter. However, the daughter’s inheritance is hers to keep without any financial obligations. For example, if the total estate is $1,000,000, it would be distributed as follows:
Wife: 1/8 share = $125,000
Remaining Estate after wife’s share = $875,000
Son: 2 portions = $583,333
Daughter: 1 portion = $291,667
This follows the Quranic principle of a 2:1 ratio while ensuring the daughter retains full control of her share without financial burdens.
Case 2: A Man Passes Away Leaving a Wife, Two Daughters, and a Mother
Wife: 1/8 share
Mother: 1/6 share
Daughters: 2/3 share (shared equally)
Remaining Estate: Distributed among the heirs using the Islamic concept of Radd (return of excess)
Since no male residuary (Asobah) exists, the estate is distributed in the proportions described above. For example, if the total estate is $1,000,000, the distribution will be as follows:
Wife: 1/8 share = $125,000
Mother: 1/6 share = $166,667
Daughters’ share: 2/3 of total estate = $666,667 (shared equally)
Remaining balance ($41,666) redistributed among daughters using Radd
Case 3: A Man Passes Away Leaving Only a Mother and One Sister (No Wife, No Children, No Father)
Mother: 1/3 share
Sister: 1/2 share
Since there is no father, son, or other male residuary, the mother and sister receive a significant portion of the inheritance. This highlights how, in certain cases, women can inherit substantial amounts when there are no closer male heirs.
Assume once again, if the total estate is $1,000,000, the distribution will be as follows:
Mother: 1/3 share = $333,333
Sister: 1/2 share = $500,000
Remaining balance ($166,667) redistributed to the sister using Radd
Conclusion
Islamic inheritance laws are often misunderstood, but they are designed to ensure a fair and structured distribution of wealth.
Women are granted specific rights, and their financial security is taken into account through inheritance laws, maintenance obligations, and family support structures.
By understanding these principles, we can appreciate the wisdom and balance within Islamic inheritance laws and dispel common misconceptions.
Have you ever considered how your family’s estate will be distributed? Do you know how your husband’s or father’s inheritance would be allocated if they were to pass away? If you’re uncertain, it’s important to seek clarity and ensure you understand your rights.
If you have any questions or need guidance on Islamic inheritance, feel free to reach out. I’m here to help!