Responses to Contemporary Objections Regarding Islamic Inheritance (Mīrāth)
(Concise argument-based clarification in light of Sharīʿah and logic)
Introduction:
Islamic Sharīʿah is the only complete way of life that is valid and applicable for all times. Some people claim that the Qur’anic law of inheritance is discriminatory against women and should be updated in light of modern society. This claim is incorrect. Below are the common objections and their precise responses based on Qur’an, Sunnah, and reason.
Objection 1: “Why is a woman’s share less?”
“Nowadays, women also earn and support families—so why should their share be less?”
Response:
- In Islam, inheritance is based on responsibility, not gender.
- Men are obligated to financially provide for their wives and children, while women are not required to spend on anyone, even if they earn.
- Therefore, receiving a greater share corresponds to bearing greater responsibilities.
Evidence:
“Men are the protectors and maintainers of women because Allah has given one more (strength) than the other and because they support them from their means.”
(Surah al-Nisāʾ, 4:34)
Objection 2: “We want gender equality!”
“Not giving equal shares to men and women is gender discrimination.”
Response:
- Islam establishes justice (ʿadl), not identical equality.
- Justice means giving each person what they deserve, based on duties and responsibilities.
- In fact, in some cases, women receive more than men.
(e.g., in certain cases, the mother receives 1/3 while the father receives 1/6.)
Objection 3: “Other countries have changed the law!”
“Turkey, Tunisia, Morocco have implemented equal inheritance—so why not others?”
Response:
- These changes were made by secular political authorities, not based on scholarly consensus or Islamic sources.
- Scholars in these countries strongly condemned such changes as invalid and un-Islamic.
- A command that is explicitly ordained by the Qur’an cannot be abrogated by any state or government.
Objection 4: “Realities have changed, laws should change too.”
“Family structures have evolved; the laws should evolve accordingly.”
Response:
- Divine law is not subject to human whims. It is eternal and divine.
- Changing social circumstances may call for new applications (ijtihād), but they do not justify altering fixed rulings (qaṭʿī ahkām).
- The Qur’an clearly warns:
“These are the limits set by Allah. Whoever transgresses them—he shall enter the Hellfire.”
(Surah al-Nisāʾ, 4:14)
Sharīʿah-Compliant Options (for those who want to give equally):
- Gifts (Hibah) can be given equally during one’s lifetime.
- Wasiyyah (bequest) is allowed for up to 1/3 of one’s wealth, but not for inheritors.
- After death, inheritance must be distributed according to Qur’anic rulings.
Conclusion:
- The Islamic law of inheritance is eternal, just, and balanced.
- A woman receiving a smaller share does not mean disrespect; it reflects her lesser financial obligations.
- The fixed rulings of the Qur’an can never be changed — attempts to do so lead toward disbelief (kufr).
Mufti Masum Billah.
