ABSTRACT
Women make up more than the total population of the world. These women were neglected in all societies. The history of this womans acquisition of wealth is a history of extreme brutality. In different religions of the world womens share of inheritance is provided differently. In certain scenarios, men may receive a larger share, while in others; women may be entitled to more. However, in essence, there is no inherent inequality. Allah has created both men and women, and He is omniscient and all-wise. He has ordained what is beneficial for each. A comparative discussion of how the inheritance of women is provided in the major scriptures of the world is attempted in the discussion article; and the confusions created by the so-called women progressives about the inheritance of women in Islam have been adequately answered.
Women constitute approximately half of the worlds population. In the pursuit of national development, it is crucial to ensure the equitable participation of women alongside men. Various major religions have their own sets of religious laws that dictate the conduct of life for their adherents. These religious laws the encompass a range of the fundamental and enduring objectives, including the safeguarding of five essential principles, the establishment of the justice and fair adjudication within human society, the eradication of all forms of harm and suffering, and the promotion of a simple and virtuous way of life. By actualizing these objectives through the observance of religious laws, it is possible to ensure holistic well-being for humanity on Earth.
Consequently, it can be stated that the primary aim of religions is to guide believers toward the paths of truth, morality, and justice, liberating them from falsehood, confusion, and desire, and ultimately enabling indivi-duals to fulfill their roles responsibly and ethically on Earth. The need for material wealth in human exis-tence knows no bounds. In most religions, both men and women possess inheritance rights, subject to the regulations prescribed by their respective the faiths. Nevertheless, due to the diverse origins of these reli-gious doctrines, there exist variations in their legal frameworks. Numerous religions across the globe fea-ture distinct laws and guidelines. For instance, within Islam, the specifics of womens inheritance rights are determined by Allah Himself. In contemporary times, not only within Islam but across all religions, scholars, organizations, non-governmental organizations (NGOs), and prominent intellectuals engage in the extensive research and discourse (Islam et al., 2023).
Myriad analyses and debates are ongoing. Progressive feminist advocates, alongside organizations, NGOs, and self-proclaimed intellectuals, who reject this legal framework, seek to sow confusion within women in society. This essay endeavors to engage in a compara-tive discussion of womens inheritance rights within different religious contexts and the responses to these concepts.
Fill in the blanks in the research field
None of the published books and articles on womens empowerment has been subjected to research analysis. In other words, only a couple of published books and articles mostly discuss some issues from a general perspective. Therefore, I have written this article rea-lizing the need for important research on the em-powerment of women and inheritance rights in the light of various religious texts.
Research methods and data collection
Basically I have collected information from primary sources. Although newspapers and periodicals are not important material, I have studied them for the purpose of data collection. Information has also been collected from various womens participatory programs aired on Bangladesh Betar, BTV and BBC. Moreover, I partici-pated in the meetings of various womens organi-zations and collected information. Above all, I have studied various religious books.
Objective of the Study
The purpose of this research is to examine different forms of the female empowerment. Despite positional weakness, exploitation, backwardness, disrespect and deprivation in society, women participate in esta-blishing their own rights. Among the women parti-cipating in the movement are the school, college and university students as well as progressive ordinary women of various levels. Therefore, the purpose of writing this article is to analyze the different aspects of womens rights in different scriptures.
In Economic Empowerment Womens Inheritance Rights is Universal.
In the economic empowerment of women, inheritance is universal. In the pre-Islamic era, women could not enjoy wealth earned or received gifts or dowries. Even if women received any property from their father or mother, they had no rights to it. Women were opp-ressed by men, and the household heads used womens wealth as they pleased. None of the women was eco-nomically independent. However, with the advent of Islam (Syed, 1978), women were given full rights to wealth earned or acquired through any means. Islam has ensured complete rights for women in the acqui-sition and enjoyment of general wealth. The guidance is: For a man is a share of what they have earned, and for the women are a share of what they have earned (Hossain et al., 2021; Nazhat and Khurshid, 1982).
In the explanation of this verse, Al-Allama Al-Jamal Sharif mentions, Allah, the Almighty, is well aware of the circumstances of men and women. Considering the different circumstances, Allah has determined their wealth accordingly, ensuring their livelihoods based on the acquired wealth. Therefore, in Islamic Sharia, women have complete rights over their earned or the acquired wealth, and no guardian or anyone else has the right to interfere. With the arrival of Islam, women gained rights over property left by deceased relatives. In the pre-Islamic era, women had no such rights. After the advent of Islam, it defined the rights of both men and women over the property left by parents and close relatives. Sheikh Tanwir owhari explains the verse, For each, we have made heirs to what the parents and close relatives left. (Muhammad, 1987) by saying, Every man and woman, whether they are the paternal relatives, brothers, or other close relatives, they become the rightful heirs to the property left by them. Thus, it is clear that men and women, both categories of heirs, have equal rights over the property left by deceased relatives. The share is determined regardless of its quantity. In conclusion, it can be said that in Islam, the inheritance of women is universally defined, and there is no room for any alteration in their rights and powers. However, in other major religions of the world (Syed, 1987), the women of their respec-tive communities are participating in the movement against discriminatory practices in inheritance. They are joining the struggle against unequal rights, espe-cially in the prevalent mainstream religions, to achieve the equal rights for women in inheritance.”
Womens financial empowerment across the major world religion
The origin of religion is for the welfare of humanity. Though there may be differences in caste and ideals among human beings through religion, the funda-mental purpose of religion is to achieve human well-being and guide them on the right path. Women and men are integral to humanity. Therefore, women and men are involved in all branches of knowledge. In history, economics, science, political science, socio-logy, and psychology, there is no mention of womens general rights. Even in textbooks of schools and colleges, there is no mention of women. In the English language, words for male and female, such as ‘he and ‘she, ‘his and ‘her, are used the differently. English literature often uses masculine and feminine terms unevenly. In knowledgeable societies, women are invisible; they are neglected in discussions. Islam did not create such a situation. Women are excluded from all branches of knowledge and science; in school and college textbooks, there is no mention of the women. English language textbooks use ‘he and ‘she, ‘his and ‘her, where ‘he is often prioritized. In proficient societies, women are not seen in the visible world. Islam, unlike other civilizations and cultures, has left women neglected in all areas of the knowledge and science.
In Islam, women are fully involved in all branches of knowledge, and their rights are acknowledged. Islam has created a society where women and men are equal participants in maintaining civilization. Therefore, the concept of inheritance for women is not discrimin-atory. In the eyes of Islam, women and men are the partners in upholding society and civilization. The attempt to create division between women and men in all aspects of life is not present in Islamic philosophy. Islam has given women the status of bearers and carriers of civilization in all aspects of life. In this regards Allah says (Rigg, 1931).
Western political scientists often praise the Athenian democracy. However, women did not have political rights there; it was a democracy for men. In ancient Rome, the so-called democratic offices excluded the women. Even in the early 20th century in Western countries, women did not have the right to the vote. Women gained the right to vote in the United States in 1920 after a history of intense struggle. The struggle behind obtaining the right to vote in 1920 is a testa-ment to the remarkable consciousness of women in Islamic society. Islamic principles, starting from the concept of inheritance, have worked for the compre-hensive well-being of women. Islam has played a role in promoting womens rights, unlike the notion that emerged in the later Western tradition.
Secular scholars without religious consciousness argue that womens economic value is not present, while in patriarchal economic ideologies, gender-based valu-ation plays a crucial role in their economic science. Islam has exposed this inequality. In the development of science and education, the focus has been primarily on men, creating a divide between men and women. Islam, however, has been instrumental in bridging this gap, particularly in the field of the knowledge and research. In the development of science and education, Islamic principles have ensured a central role for women, contradicting the bias observed in other belief systems.
Islam has provided women with an advanced environ-ment in various spheres of life. Therefore, it can be argued that Islam is the only progressive force in the debate on womens rights among religions. This will become more evident in a comparative analysis of the inherited existence of women in different religions. In secular economic theories promoted by the so-called enlightened economists, there is no economic value for women, while patriarchal economic ideologies assess men and a womans economic worth unequally. Islam has revealed this bias (Desai, 1918). The tradition of discrimination and gender bias in the patriarchal man-agement has excluded women from scientific research behind the four walls of the home. As a result, scien-tific research beyond this confinement has been con-ducted on men. Scientific observation, examination, and research have produced biased results in favor of men. The biased representation has given rise to the idea that Islam has left behind women in society. In the development of science and education, the focus has always been on men in every field of observation and statistics. Islam has been accused of the marginalizing women.
To refute this, Islamic principles must be considered from a comprehensive perspective. Islam has been a pioneer in scientific research and has provided women with a scientifically researched environment. There-fore, it can be argued that Islam is the only progressive force in the debate on womens rights among religions. This will become more evident in a comparative ana-lysis of the inherited existence of women in different religions. Omar Faruq (R.A.), describing the relation-ship of women in the Age of Ignorance (Jahiliyyah), said, “I swear by the name of the Allah, in the Age of Ignorance, we did not give any dignity to women. Until the end, Allah guided us regarding their relation-ships and determined a portion for them in the inheri-tance system” (Agarwal, 1994).
Woman is the greatest asset of the world. Women and men complement each other. A woman is the inspir-ation for a mans life. Her contribution is indispensable for the peace and happiness of the family. The foun-dation of society is built on women. The ideal family, disciplined and peaceful society, terrorism-free and corruption-free country, and a peaceful and prosperous world are all shaped by the role of women. There is no opportunity to separate women from life. However, throughout the civilizations of the world, the rights and dignity of women have diminished over the ages. In ancient Greek society, women were considered under the shadow of Satan. Legally, women were considered as property, and they had no right to inheritance like other immovable properties. Throughout their lives, they lived like servants and slaves to men. Without the permission of men, they could not enjoy their own property or engage in any transaction.
In the Code of Manu, it is mentioned, “Day and night, women must be kept dependent on male relatives. Her father protects her in childhood, her husband protects her in youth, and her sons protect her in old age. A woman should never seek independence.”
Islam, both in the pre-Islamic and subsequent Christian Roman societies and other religions, raised the status of women significantly. Women were not recognized as the human beings; instead, they were considered a special species between humans and animals. In the 7th century, a conference was held in France, where the topic of discussion was whether to consider women as humans or treat them as non-humans. The confer-ence concluded that women were human beings, but their only purpose was to serve men. In present-day Europe, even a century ago, women were victims of extreme oppression, abuse, and violence by the men. Women did not have any legal provisions to protect them from the ruthless oppression of men. In that era, women fought for their rights and eventually achieved legal recognition, but societal attitudes towards women were slow to change.
In the Chinese civilization, women were considered as a source of misery. In Indian society, the condition of women was considered very low and pitiful. Women were treated as property and were often considered a burden. Sati, the practice of burning widows alive, was prevalent. The duty of women was seen as primarily serving their fathers, the husbands, and sons. In the Buddhist society, the status of women was extremely low. Gautama Buddha himself renounced his wife and son to lead a monastic life. He believed that women did not have a soul, and, therefore, they could not attain Nirvana (Ramesh, 1982).
Looking at history, it is evident that in comparison to other civilizations and religions, Islam has elevated the status of women. Islam, unlike other religions and societies, did not deny women any rights, dignity, or security. Islam, from its early days, granted women the basic rights in terms of inheritance, and it explicitly prohibited illicit relationships between the men and women. Islam recognizes the importance and value of women. Women have fundamental rights, including the right to the own property, dignity, protection, and inheritance. Islam strictly forbids any unlawful rela-tionships between men and women. In Islam, women are not considered the source of evil or the cause of all misfortune. They are partners in the journey of life (James Hastings, 1956).
In the Hindu civilization, women were considered inherently sinful. The practice of Sati, where widows were burned alive, was prevalent. In Jewish civiliz-ation, women had no rights to the property of fathers or the husbands. In Christian civilization, women were often blamed as the source of all evils. In Greek civili-zation, women were seen as the origin of all temptation and distraction (Tylor, 1963). Thus, throughout world civilizations, women did not enjoy a high status. Only in Islamic civilization have social, political, and the economic rights been granted to the women, elevating their dignity. In the present era, European countries claim the greatest strides in the womens equal rights. However, just a century ago, women in these countries were victims of male oppression and violence. There were no legal provisions to protect women from male brutality. In her renowned book The Second Sex, Simone de Beauvoir describes the status of women in European ancient history: "If you turn the pages of European ancient history upside down, you will find that parents used to sell their daughters. They had no say in matters of marriage; if they wished, they could sell or marry off their daughters against their will. Their opinions and desires held no value.”
Professor Zakir Hossain comments on the position of women in the European society and the evaluation of personality: “In todays modern, so-called civilized America and European countries, historical documents and evidence show extreme humiliation towards women. Women had no rights there. They subjected women to all kinds of the allegations. They portrayed women as Satans limbs, always ready for adultery, poisonous in the speech, and deceptive.” He further emphasizes that in contrast to other religions, Islam has been obstructed from creating the status of women in these societies. The relationship between men and women, cooperation, and understanding are crucial for sound and progressive social development. Therefore, Allah has established a fair and equitable distribution of wealth based on the correct relationship between men and women.
The role of women and men in each others lives, their work, and mutual understanding are discussed in the Quran and Hadith. Islamic knowledge in this area is not limited to womens issues, rights, and respons-bilities; rather, it covers how men and women, as equal individuals, should work together in their daily lives, real and practical issues. In the early days of Islam, there was no specific terminology to explain the social relationship between men and women. Various predo-minant religions recognized the existence of womens rights or economic power of women in a comparative discussion. Further exploration and discussion are the required on the topic of womens inheritance in com-parison to other religions.
Womens Economic Empowerment and Inheritance Rights across Major Global Religions
Hinduism
Hinduism, one of the worlds major religions, has its own set of laws and customs governing inheritance. These laws have evolved over time and are primarily based on the Vedas (sacred texts), Smriti (codes of conduct), and customs. There are two main methods of inheritance in Hindu law (Al, 2004). The Mitakshara system of Hindu inheritance law is prevalent in various parts of the India and among Hindu communities in Bangladesh. In this system, both sons and daughters have an equal share in the ancestral property. This means that daughters have the same rights as sons when it comes to inheriting ancestral property. The Mitakshara law recognizes three classes of the heirs: Coparceners (sons, grandsons, and great-grandsons), Samanodakas (daughters), and the Bandhus (relatives). The division of the ancestral property is based on proximity of the relationship through blood, and it includes both male and female heirs.
Successors of Gotraja Sapinda
Six male subordinates of the deceased 6
Six male seniors of the deceased 6
Spouses of the above senior men 6
Each of the above six superior males has 6
Subordinate males in the male line 36
Widow, daughter and daughters son 3
Total: 57
Dayabhaga Method
In this system, daughters do not have an equal right to ancestral property like sons. Instead, daughters have a share in their fathers self-acquired property (property acquired by the father through his efforts and not inherited from his ancestors) but not in the ancestral property. Sons are considered the main heirs of an-cestral property in the Dayabhaga system.
Ancestral Property
- Primary heirs are sons.
- Daughters do not have a direct claim to ancestral property.
Sons
- Sons are the main heirs to ancestral property.
- They have an equal right to ancestral property.
- They also inherit self-acquired property.
Daughters
- Daughters do not inherit ancestral property directly.
- They have a share only in their fathers self-acquired property.
- Daughters are not primary heirs to the ancestral property but have a significant role in self-acquired property.
Grandsons (if son predeceased)
- Grandsons inherit a share in their grandfathers self-acquired property if their father is no longer alive.
Granddaughters (if son predeceased)
Granddaughters inherit a share in their grandfathers self-acquired property if their father is no longer alive.
Widow of the deceased son
- The widow of a deceased son has limited rights and is not a primary heir.
- She may have rights in the self-acquired property of her deceased husband.
Self-acquired Property (Sons and Daughters)
- Both sons and daughters inherit the self-acquired property of their father.
- Daughters have a share in self-acquired property, distinguishing it from ancestral property.
Great-Grandsons (if sons sons and so on)
- If the son has predeceased, the lineage continues with great-grandsons inheriting in the order specified.
Great-Granddaughters (if sons daughters and so on)
- If the son has predeceased, the lineage continues with great-granddaughters inheriting in order specified.
Great-Great-Grandsons (Self-acquired Property)
In the absence of direct descendants, the lineage may extend to great-great-grandsons inheriting the self-acquired property.
In the case where there are no surviving heirs in the GotrajaSapinda category, the next in line for inheri-tance would be the Samanodakas and Bandhus. If there are no surviving Samanodakas, then the Bandhus become the rightful heirs. Its important to note that the availability of heirs in the first category (Gotraja-Sapinda) can vary, so the likelihood of heirs in the second and third categories is relatively lower. It is revealed that the partition method is also a Hindu inheritance law, similar to the Mitakshara method. The author of this law is Jimutavahana, a Hindu Shaivite scholar. This law is prevalent among Hindu com-munities in Bangladesh, West Bengal, Tripura, Assam, and Manipur regions. To be eligible for inheritance under this law, one must fulfill the condition of Pinda-dan (offering of the rice balls) to the deceased (Fida, 1983).
People who perform Pindadan are referred to as Sap-inda. According to the Dayabhaga law, three cate-gories of male descendants are considered Sapindas: those in the direct ascending line of the paternal and maternal ancestors and those in the three lower classes. Under the Dayabhaga law, these individuals are entit-led to inherit the deceased persons property.
The three categories of heirs under the Dayabhaga law are as follows:
Sapinda: These are the descendants who perform the Pindadan.
Sakulya: This category includes relatives who are the connected through a common family heritage.
Samnodak: These are individuals who are the related through the same family water source or are of the same caste.
According to the Dayabhaga law, if there are no heirs in the first category (Sapinda), then the Sakulyas and Samnodaks become eligible for the inheritance. This Hindu inheritance law places importance on the per-formance of Pindadan and the specific relationship with the deceased to determine inheritance rights.
Pinda in Hinduism
In Hinduism, Pinda is a ritualistic offering made for the benefit of the departed soul of a deceased Hindu person. The purpose of offering Pinda is to help the soul attain a favorable position in the afterlife. Pinda is made by mixing specific ingredients, which include cooked rice balls, ripe bananas, raw cows milk, the Ganges water, ghee (clarified butter), honey, camphor, and more. These ingredients are the typically mixed together in a brass vessel or a clay pot. Sapinda refers to the close relatives of the deceased who have the responsibility to perform this ritual. Sapindas are the divided into three groups based on their relationship with the deceased and their eligibility for inheritance under Hindu inheritance laws.
Here is the list of Sapindas and their categorization
Descendants on the male side: This category includes sons, grandsons, the great-grandsons, and their male descendants on the side of the son, as well as sons of daughters, grandsons of daughters, and great-grand-sons of daughters. In total, there are six individuals in this category.
Descendants on fathers side: This category includes three male descendants on fathers side and three male descendants on the mothers side. In total, there are six individuals in this category.
Collaterals: This category includes brothers, sons of brothers, grandsons of brothers, and their male des-cendants; sons of the fathers brothers, and their male descendants; sons of the fathers sisters, and their male descendants; sons of the mothers brothers, and their male descendants; sons of the mothers sisters, and their male descendants; maternal uncles, and their male descendants; sons of maternal aunts, and their male descendants; sons of maternal uncles daughters; sons of paternal aunts daughters. In total, there are the 36 individuals in this category.
Relatives by the marriage: This category includes widows, daughters, mothers, mothers of fathers, and mothers of mothers. There are five individuals in this category. In total, there are 53 individuals in the list of Sapindas. If someone from the Sapinda category is alive, individuals from the Sakulya and Samnodak categories will not be eligible for inheritance under Hindu inheritance laws.
Ownership of Hindu Womens Inheritance Pro-perty in Mitakshara and Dayabhaga Laws
In the Dayabhaga law, there are only five female members among the Sapindas. They can be divided into two categories: Sapindas from the paternal side and Sapindas from the maternal side. If there are Sapindas from the paternal side, the Sapindas from the maternal side do not have ownership rights. The Daya-bhaga law does not recognize the concept of uttarajivin (surviving co-parceners). To inherit, there are condi-tions even for those who are Sapindas.
If the deceased person has a son, grandson, great-grandson, or a widow alive, the daughter will not have ownership rights over the deceased fathers property. However, this is subject to certain conditions in real-life situations because not all these individuals may be alive. If an unmarried daughter marries outside of her fathers family, her right to inherit her fathers property is nullified. Similarly, if a widow marries again, her right to her deceased husbands property is also extin-guished. The property that could have been inherited during their lifetime will pass to other surviving co-parceners. In reality, even if women are included as Sapindas along with four other male members, it is very unlikely for them to receive an inheritance share. Again, this is subject to conditions even in terms of ownership. In the Dayabhaga law, if there are other heirs of the deceased person who are alive, the daughters will not receive any share. Even if daughters are considered uttarajivin, they will not receive any share of the property if they are barren or have only female offspring. Sapindas are considered first-degree heirs. Among the 53 Sapindas, five women are the included based on certain conditions. This is because these five women have sons or the possibility of the having sons. These sons can offer Pinda (ritualistic offerings for the deceased) for the salvation of the deceased persons soul. Therefore, these five women are recognized as Sapindas based on these conditions. In the Mitakshara law, a daughter can inherit her fathers property only until her death unless there are no widowed women among the heirs.
In the Mitakshara law, the birth of a son within the joint family automatically makes him a co-parcener and, therefore, an heir to the ancestral property. As a result, a son can claim his share of the property even while his father is alive. However, a daughter cannot become an heir even if she gives birth to a son. In the Mitakshara law, among the 57 Sapindas, there are only five females, while the rest are male. Similarly, in the Dayabhaga law, among the 53 Sapindas, only five are female. These five women are in a unique position as Sapindas, but they still have limited rights to inherit the property. There are four female Sapindas in the daughters list, eight in the mothers list, 14 in the grandmothers list, and the rest in the great-grand-mothers list. The five female Sapindas in the Mitak-shara law can only enjoy the property during their lifetimes. This means that they can use the property for their needs but cannot sell, gift, or bequeath it to anyone. If a virgin daughter gets married, she will lose her rights to the property, and similarly, if a widow remarries, she will lose her rights to enjoy the property during her lifetime.
If any woman obtains the property as an heir from a deceased woman or man who was a close relative, that property will be returned to the person from whom it was obtained upon her death. In the Dayabhaga law, a widow will not receive any share of the property as long as there are surviving sons, grandsons, or great-grandsons of the deceased. The Hindu Succession Act of 1937 changed this rule, giving widows the right to inherit property, but it does not apply to agricultural land. Individuals, who are the physically or mentally incapable, such as the blind, lame, mentally unsound, lepers, etc., are not entitled to inherit property under Hindu Mirasi law. In the Mitakshara law, a daughter can inherit her fathers property only until her death unless there are no widowed women among the heirs. In the Mitakshara law, the birth of a son within the joint family automatically makes him a co-parcener and, therefore, an heir to the ancestral property. As a result, a son can claim his share of the property even while his father is alive. However, a daughter cannot become an heir even if she gives birth to a son.
In the Mitakshara law, among the 57 Sapindas, there are only five females, while the rest are male. Simi-larly, in the Dayabhaga law, among the 53 Sapindas, only five are female. These five women are in a unique position as Sapindas, but they still have limited rights to inherit the property. There are four female Sapindas in the daughters list, eight in the mothers list, 14 in the grandmothers list, and the rest in the great-grand-mothers list. The five female Sapindas in the Mita-kshara law can only enjoy the property during their lifetimes. This means that they can use the property for their needs but cannot sell, gift, or bequeath it to anyone. If a virgin daughter gets married, she will lose her rights to the property, and similarly, if a widow remarries, she will lose her rights to enjoy the property during her lifetime. If any woman obtains property as an heir from a deceased woman or man who was a close relative, that property will be returned to the person from whom it was obtained upon her death. In the Dayabhaga law, a widow will not receive any share of the property as long as there are surviving sons, grandsons, or great-grandsons of the deceased. The Hindu Succession Act of 1937 changed this rule, giving widows the right to inherit property, but it does not apply to agricultural land. Individuals, who are physically or mentally incapable, such as the blind, lame, mentally unsound, lepers, etc., are not entitled to inherit property under Hindu Mirasi law.
Inheritance of Womens Property in Christian Law
In Christian law, the rules regarding property inheri-tance are determined through the Indian Succession Act of the 1925. According to Section 27 of the Suc-cession Act, the following provisions are made:
In cases where someone has heirs, both sons and the daughters have equal rights and shares in the deceased persons property. This means that sons and daughters inherit an equal portion of the property. In the division of a deceased persons property, uterine brothers and sisters (brothers and sisters who share the same mother) are treated equally. This means that full and half-siblings have equal rights to inherit property. If a person creates a will, it cannot be revoked unilaterally. However, if the will becomes invalid due to legal reasons or becomes inoperative, the legal heirs will inherit the property as per law. There is no restriction on the amount that can be specified in a will, meaning an individual can will their entire estate. Its important to note that in the Indian subcontinent, which includes India, Pakistan, and Bangladesh, there is no separate inheritance law specifically for Christians. The Indian Succession Act of the 1925 (Sections 23-28, 29-49) governs inheritance for Christians as well.
Indian Succession Act of 1925 - Section 27
Rights of Husband and Wife
After the death of a wife or husband, the surviving spouse has inheritance rights in each others property. Husband and wife will inherit each others property as follows: a. If there are no blood-related relatives such as children, parents, or siblings, then the husband or wife will inherit the entire estate. b. If there are children, the husband or wife will receive one-third of the property, and the remaining two-thirds will be equally shared among the children. c. If there are no children but other blood-related relatives, the husband or wife will receive two-thirds of the property, and the other relatives will share one-third equally.
Children
In the case of a deceased persons property, children inherit as follows: a). if the deceased person is male and leaves a surviving wife, or if the deceased person is female and leaves a surviving husband, the children will inherit two-thirds of the property, and the sur-viving spouse will inherit one-third. b). If there are children, the surviving spouses blood relatives will not inherit any portion of the property. c). Sons and daughters of the deceased person will inherit equally.
Father
In cases where there are no children, only the father will be considered as an heir and will inherit one-third of the property. In this case, the deceaseds wife or husbands share will be deducted, and the remaining one-third will go to the father.
Mother
The mother is entitled to inherit the deceased persons property. a. According to Christian law, when there are no descendants, fathers, or siblings of the deceased, only the mother will inherit the entire estate. b. If there are only siblings and no father or children, the mother will also share equally with them. c. If the deceaseds marriage is without a surviving spouse, the children, parents, or siblings, then only the mother will inherit the entire estate.
Siblings or Their Descendants
In cases where there are no descendants, parents, or siblings, only siblings or their descendants will be the heirs to inherit the property of the deceased. Please note that these provisions apply under the Indian Succession Act of 1925, and the specific distribution of property among heirs may vary based on individual circumstances and applicable laws.
Discussion on Christian Inheritance Laws
In Christian inheritance law, there are four primary categories of female heirs: wife, daughter, sister, and mother. Among these, sisters and mothers are given a unique status, as they may not always be available as heirs. For example, mothers are not considered heirs when the deceased person has surviving descendants, fathers, or siblings. This means that mothers will not inherit the property if the deceaseds spouse, children, parents, or siblings are still alive (Middleton, 1968). This law does not provide any special provision for half-sisters or step-sisters. Half-sisters and step-sisters are not distinguished from full sisters in terms of inheritance rights.
Another notable aspect of this law is that women who have children through extramarital relationships are not entitled to a share of the inheritance. While the law recognizes such relationships as valid, it penalizes the woman by the denying her a share of the inheritance. However, this penalty is centered on the child born from such a union, who is denied a share of the inheri-tance as well. Its important to note that the Christian inheritance laws can vary depending on the specific denomination and interpretation of the law within the Christian community. Additionally, inheritance laws may evolve over time, so its essential to consult with legal experts or refer to the most current legal texts for precise and up-to-date information on the Christian inheritance laws in your jurisdiction.
Inheritance Rights of Women in Buddhism
In Buddhism, there are no specific inheritance laws that apply exclusively to Buddhists. Instead, Buddhists often follow the general laws of the country they reside in, which may include Hindu inheritance laws in some cases. However, the application of Hindu inheritance laws to Buddhists varies, and its more common in some regions. In Bangladesh, for example, where there is a significant Buddhist population, Buddhists often adhere to Hindu inheritance laws. These laws deter-mine the order of inheritance rights among heirs. The order of inheritance rights for Buddhists is as follows (Shalish Kendra, 2000):
Son
Grandson
Great-grandson
Adopted son
Son of a legitimate mother
Illegitimate children and children of a legitimate wife
Brothers and sisters
Father and mother
Grandfather and grandmother (paternal)
Distant relatives, including cousins, nephews, and nieces
Its essential to note that the inheritance laws may vary in different countries with Buddhist populations, and they may also change over time. Additionally, there is a growing awareness and effort to establish and protect the inheritance rights of women, especially in cases where daughters and granddaughters are granted equal inheritance rights with sons and grandsons (Jeffery & Population, 2002).
Inheritance Rights of Women in Judaism
In Judaism, the laws regarding the inheritance rights of women are complex and traditionally favor male heirs. The Jewish laws of the inheritance are outlined in the Torah and other rabbinical writings. According to Jewish law, when a person passes away, their property is typically passed down to their heirs, and the order of inheritance is as follows:
Sons
Daughters
A wife
Brothers
Sisters
While this order seems to include the daughters, its important to the note that Jewish tradition has often favored sons over daughters in matters of inheritance. Here are some key points to consider:
Double Portion for Sons: In traditional Jewish law, the sons are typically entitled to a double portion of the inheritance compared to daughters. This means that if there are both sons and daughters, the sons receive twice as much as the daughters.
Daughters Inheritance: Daughters are entitled to the inherit from their fathers, but their share is generally smaller than that of sons. The exact distribution may vary depending on specific circumstances and inter-pretations of Jewish law.
Widows Rights: A wife is entitled to a portion of her husbands estate upon his death, but the specifics can vary. Jewish law generally prioritizes ensuring that a widow is not left destitute.
Equal Inheritance: In some Jewish communities, there has been a movement towards advocating for more equal inheritance rights for daughters. Some indivi-duals and groups have challenged traditional interpret-tations of Jewish law to provide equal inheritance rights to sons and daughters.
Brothers and Sisters: If there are no sons or daughters, brothers and sisters of the deceased may inherit the estate. However, the order of inheritance among sib-lings can also vary. Its important to note that inter-pretations of Jewish law and the practices can differ among Jewish denominations and communities. Some Jewish groups have adopted more progressive app-roaches to inheritance rights, aiming to ensure gender equality. In summary, while Jewish law traditionally prioritizes male heirs and may grant sons a larger portion of the inheritance, there are ongoing discus-sions and efforts within the Jewish community to promote greater gender equality in inheritance rights and to challenge traditional interpretations of these laws. Practices may vary among different Jewish com-munities and denominations.
Inheritance Rights of Women in Islam
In Islam, the inheritance rights of women are clearly defined in the Quran, (Philip K. Hitti, (1951) and the Islamic law (Sharia) includes provisions to protect and uphold these rights. The Quran emphasizes the impor-tance of womens rights, education, research, and their overall role in society. One of the key Quranic chapters addressing these issues is the Surah An-Nisa (The Women). In Islamic law, women are entitled to inheri-tance, and they have specific shares in the deceaseds estate. These shares are fixed and are not subject to change based on the individual circumstances. The primary female heirs are categorized as follows:
Daughters: Daughters are entitled to inherit from their parents, including their fathers and mothers estate.
Wives: A wife is entitled to inherit from her husbands estate upon his death. Her share depends on whether there are children or other heirs, and it may be one-eighth, one-fourth, or one-half of the husbands estate, as defined by Islamic jurisprudence.
Mothers: Mothers are also entitled to inherit from their childrens estate, and their share depends on the presence of other heirs. Typically, a mothers share is one-sixth if she has children and one-third if she has no children. Its important to note that these shares are established in Islamic law and are intended to provide financial protection and support to the female family members. They ensure that women receive a portion of the inheritance and are not left destitute.
Islamic inheritance law is based on clear guidance from the Quran, and it is generally considered a matter of the divine justice. While these shares may appear unequal in some cases, they are intended to address the financial responsibilities that men traditionally bear in Islamic society, such as providing for the family. Its also worth noting that Islamic law allows individuals to make voluntary bequests (wills) of up to one-third of their estate to non-heirs or specific individuals or causes. This provides some flexibility for individuals to distribute their assets according to their wishes. In summary, Islam recognizes and upholds the inheri-tance rights of the women, specifying clear shares for daughters, wives, and mothers in accordance with Islamic jurisprudence. These provisions are designed to ensure financial security and support for female family members in various circumstances.
The allegations made by the certain modern feminists regarding the Islamic law, claiming that Islam dis-criminates against women by granting them a lesser share in paternal property compared to their male counterparts, are based on misconceptions. It is impor-tant for us to understand the Islamic way of life, which is in accordance with Islamic principles and fairness. One of the most significant provisions in Islam is the division of inheritance. The Quran clearly outlines the shares of each individual in the inheritance left by a deceased person. The distribution of a deceased per-sons property among the living relatives is defined in the Quran. If a person identifies themselves as a Mus-lim, they are obligated to adhere to the regulations set by Allah. If someone, for personal reasons, disagrees with this provision, it is a separate matter, but they cannot claim that the Quran has made a flawed provi-sion or created inequality between men and women.
Islams laws are clear and unambiguous. The share of a male heir is the same as the share of a female heir. The explanations of the Quran are found in the Hadith, which is a commentary on the Quran. The Quran pri-marily focuses on principles and fundamental guide-lines. Detailed rules and regulations are often expoun-ded upon in the Hadith. For example, the Quran ins-tructs to establish prayers and give charity, but the specifics such as the manner of prayer, the number of prayer units, timing, and the criteria for giving charity are detailed in the Hadith. Islam provides inspiration to protect the rights of women in society and emphasizes the preservation of their rights and property. The Quran and the Hadith collectively serve as a foun-dation for establishing the rights of women in Islamic society.
The issue of the inheritance is entirely different. The Quran clearly describes the share of each heir indivi-dually. There are definite reasons for this. After men-tioning the shares of the sons, daughters, fathers, and mothers, Allah says in the Quran:
“And whoever earns a fault or a sin and then throws it on to someone innocent, he has indeed burdened himself with falsehood and a manifest sin” (Chakra-barti, 2006),
For those whose faith in Islam is weak, merely being named as Muslims, especially non-Muslims, they only raise questions and objections regarding the specified shares in inheritance mentioned by the Allah. They question and object to Allahs predetermined shares. Allah, regarding inheritance, states: “And whoever disobeys Allah and His Messenger and transgresses His limits - He will put him into the Fire to abide the eternally therein, and he will have a humiliating punishment. These are the limits of Allah, and who-ever obeys Allah and His Messenger will be in Gardens under which rivers flow, abiding eternally therein; and that is the great attainment” (Goonesekere, 1994). These verses make it clear that those who disobey Allah and His Messenger and violate the limits set by Allah will face punishment in the Hereafter. This emphasizes that raising objections to the laws of inheritance is a serious matter and a violation of the Allahs limits.
Feminists Misconceptions Surrounding Womens Inheritance Rights and Refutation from Islam
Sl. Feminists Misconceptions Refutation from Islam
1. The accusation by secular feminists is that islam holds Eve responsible for the concept of “Original Sin”, not Adam
Islam does not endorse the concept of Original Sin. Islam teaches that every person is accountable for their own deeds and responsible for their own actions. So, both Adam and Eve were equally deceived by Satan, and they shared equal responsibility for their actions (Muhammad, 2000).
وَقُلْنَا يَـٰٓـَٔادَمُ ٱسْكُنْ أَنتَ وَزَوْجُكَ ٱلْجَنَّةَ وَكُلَا مِنْهَا رَغَدًا حَيْثُ شِئْتُمَا وَلَا تَقْرَبَا هَـٰذِهِ ٱلشَّجَرَةَ فَتَكُونَا مِنَ ٱلظَّـٰلِمِينَ ٣٥ فَأَزَلَّهُمَا ٱلشَّيْطَـٰنُ عَنْهَا فَأَخْرَجَهُمَا مِمَّا كَانَا فِيهِ ۖ وَقُلْنَا ٱهْبِطُوا۟ بَعْضُكُمْ لِبَعْضٍ عَدُوٌّۭ ۖ وَلَكُمْ فِى ٱلْأَرْضِ مُسْتَقَرٌّۭ وَمَتَـٰعٌ إِلَىٰ حِينٍۢ
2. Feminist critics further allege that Islam has deprived women of various privileges and hindered their equal rights.
The statement "Islam has given women equal rights as men" is not complete statement. Rather, Islam has granted women certain rights or a certain level of rights. For example –
A) From Birth Until Married Life (Statutory responsibility on the father) (Abdus, 1997)
B) During the marriage period, responsibilities of the groom are: (Menski, 2006).
وَءَاتُواْ ٱلنِّسَآءَ صَدُقَٰتِهِنَّ نِحۡلَةٗۚ فَإِن طِبۡنَ لَكُمۡ عَن شَيۡءٖ مِّنۡهُ نَفۡسٗا فَكُلُوهُ هَنِيٓـٔٗا مَّرِيٓـٔٗا
C) Providing for the wifes maintenance and well-being from the time of marriage until death: وَلَهُنَّ مِثۡلُ الَّذِىۡ عَلَيۡهِنَّ بِالۡمَعۡر
3. Physically women are given less power than men and Islam deprived the women in education and employment.
A) Men need more effort to provide for women and provide for their parents, due to the fact that men need adequate energy to deal with various crises in natural and social life, Allah has given relatively more energy to men than women. Allah says
ٱلرِّجَالُ قَوَّـٰمُونَ عَلَى ٱلنِّسَآءِ بِمَا فَضَّلَ ٱللَّهُ بَعۡضَهُمۡ عَلَىٰ بَعۡضٖ وَبِمَآ أَنفَقُواْ مِنۡ أَمۡوَٰلِهِمۡۚ فَٱلصَّـٰلِحَٰتُ قَٰنِتَٰتٌ حَٰفِظَٰتٞ لِّلۡغَيۡبِ بِمَا حَفِظَ ٱللَّهُۚ وَٱلَّـٰتِي تَخَافُونَ نُشُوزَهُنَّ فَعِظُوهُنَّ وَٱهۡجُرُوهُنَّ فِي ٱلۡمَضَاجِعِ وَٱضۡرِبُوهُنَّۖ فَإِنۡ أَطَعۡنَكُمۡ فَلَا تَبۡغُواْ عَلَيۡهِنَّ سَبِيلًاۗ إِنَّ ٱللَّهَ كَانَ عَلِيّٗا كَبِيرٗا
B) In Islam, both men and women have equal rights in education and employment. They are encouraged to seek knowledge, pursue careers, and receive fair treatment and compensation. Islam promotes modesty in attire and the behavior for both genders. Allah says (Yee Cho, 2012).
رَبَّنَا وَٱبۡعَثۡ فِيهِمۡ رَسُولٗا مِّنۡهُمۡ يَتۡلُواْ عَلَيۡهِمۡ ءَايَٰتِكَ وَيُعَلِّمُهُمُ ٱلۡكِتَٰبَ وَٱلۡحِكۡمَةَ وَيُزَكِّيهِمۡۖ إِنَّكَ أَنتَ ٱلۡعَزِيزُ ٱلۡحَكِيمُ
- Ref.: Baqara; V: 129
4. The Western world & Western media have alleged that Islam has degraded women and kept them in a sub-ordinate position. This is a completely imagined, fabricated, and baseless statement, Islam nowhere degraded the dignity of women and also nowhere placed them below the men.
Rather, their statement is self-contradictory, Because in todays world, all kinds of sports are organized by Western countries; they create teams separately for men and women. Why?
5. Islam gives more respect to men than women. الجنَّةُ تحتَ أقدامِ الأمَّهاتِ
-Ref.: Al Kamel li Ibn Adi – 8/64)Al Kamel le Ibn Adi – 8/64)
وَقَضَى رَبُّكَ أَلَّا تَعْبُدُوا إِلَّا إِيَّاهُ وَبِالْوَالِدَيْنِ إِحْسَانًا إِمَّا يَبْلُغَنَّ عِنْدَكَ الْكِبَرَ أَحَدُهُمَا أَوْ كِلَاهُمَا فَلَا تَقُلْ لَهُمَاأُفٍّ وَلَا تَنْهَرْهُمَا وَقُلْ لَهُمَا قَوْلًا كَرِيمًا وَاخْفِضْ لَهُمَا جَنَاحَ الذُّلِّ مِنَ الرَّحْمَةِ وَقُلْ رَبِّ ارْحَمْهُمَا كَمَا رَبَّيَانِي صَغِيرًا - Ref.: Al-Isra, V:23-24
6. Islamic inheritance law discriminates against women by giving them only half the share of what men receive.
In a mans life, there are basically four obligatory duties:
a) After reaching adulthood, it is ones own responsibility to take care of their nutrition and well-being, reducing dependency and pressure on their father.
b) After marriage, it is important for the wife to take care of her own nutrition and well-being.
c) After having children, it is necessary to make all the arrangements for their bright future and well-being.
d) Fulfilling the obligatory duties towards elderly parents as directed by Islam.
7. Islam denies women leadership.
Islam is partly worldly and partly divine. There are many obstacles in the field of leadership for women; It is too difficult to resist the opponents attack due to their physical structure, and intellectuality in this field.
Furthermore, considering the development of humanity, the upbringing of ideal children, and the responsibility of maintaining family values, Islam encourages womens leadership.
In addition, Abu Hurairah (RD) described that the Prophet (SM) said –
“If your women decide your affairs, i.e. if your leaders are women, then the belly of the earth is better for you than its surface.” - (Jami` at-Tirmidhi: 2/42)
8. Islam has given the right to divorce to men but not to women and did not provide permission to the wife during divorce
Islam has empowered women to grant "khula (divorce)".
In order to eliminate the fear of creating a situation of divorce, instructions have been given to maintaining family ties by establishing cordial harmony, marital peace, and order between husband and wife at three levels.
When all efforts fail, there is no more permissive atmosphere between husband and wife. So the provision of the permission was not kept. Also, the issue of Izab and Qabul is worthy of consideration.
وَالّٰتِىۡ تَخَافُوۡنَ نُشُوۡزَهُنَّ فَعِظُوۡهُنَّ وَاهۡجُرُوۡهُنَّ فِى الۡمَضَاجِعِ وَاضۡرِبُوۡهُنَّ ۚ فَاِنۡ اَطَعۡنَكُمۡ فَلَا تَبۡغُوۡا عَلَيۡهِنَّ سَبِيۡلًا ؕاِنَّ اللّٰهَ كَانَ عَلِيًّا كَبِيۡرًا وَاِنۡخِفۡتُمۡشِقَاقَبَيۡنِهِمَافَابۡعَثُوۡا حَكَمًا مِّنۡ اَهۡلِهٖ وَحَكَمًا مِّنۡ اَهۡلِهَا ۚ اِنۡ يُّرِيۡدَاۤ اِصۡلَاحًا يُّوَفِّـقِ اللّٰهُ بَيۡنَهُمَا ؕ اِنَّ اللّٰهَ كَانَ عَلِيۡمًا خَبِيۡرًا
Example
Suppose there are many students in a class and two students secured the top position with obtaining marks (80). The marks distributions –
Q1 (20) Q2 (20) Q3 (20) Q4 (20) Q5 (20) Total Obtained Marks (100)
Student - A 18 14 15 17 16 80
Student - B 15 17 16 18 14
Similarly, in Islam, although there may be some differ-ences in the acquisition of wealth, honor, respect, and family and social rights between men and women, Islam overall provides equal rights and dignity to both genders. This equality in rights and the dignity is the natural beauty and glory of Islam.
The benefits of determining a womans share
The natural fact is that in Islamic life, a womans share is protected, assured, well-organized, and respectable. Due to the determination of a womans share, she receives her designated portion in all circumstances. However, in some cases, due to not having a specific share for men of the same level, she may not receive a portion. In this regard, we can consider the following two examples. RokiaSultanah passed away childless. At the time of her death, she had a husband, one paternal aunt, and one maternal aunt. Subsequently, ShamimaAkhtar was also childless. At the time of her death, she had a husband, one sister, and one maternal uncle. An interesting observation can be made here: it can be seen that even though RokiaSultanahs paternal aunt is a one-seventh share or 14.2857%, according to the Islamic inheritance, Shamima Akhtars maternal uncle does not receive anything due to the presence of closer heirs. Due to the presence of nearby male heirs, even among the distant heirs, they do not receive a share. Since there are more male heirs and fewer female heirs, the number of males is 11 and the num-ber of females is 5. Below is a description of them:
For women, there are 5 categories
Grandmother: If the mother is present.
Granddaughter: If there is a son or one or more daugh-ters (if there are no granddaughters).
Sister: If there is a father, son, or grandson.
Maternal Aunt: If there is a father, son, grandson, or sister (if they are present).
Maternal Uncle: If there is a father, grandfather, son, grandson, or sister (if they are present).
For men, there are 11 categories
Grandfather: If the father is present.
Son of Brother: If there is a son or one or more daughters (if there are no sons).
Son of Sister: If there is a father, son, grandson, or sister (if they are present).
Son of maternal Uncle: If there is a father, son, the grandson, or sister (if they are present).
Son of paternal Uncle: If the paternal uncle is present or if the paternal uncles son, due to whom the heirs are deprived, is present.
Son of paternal Aunt: If the paternal aunt is present, or if the son of a paternal aunt, due to whom the heirs are deprived, is present.
Son of maternal Aunt: If the maternal aunt is present or if the maternal aunts son, due to whom the heirs are deprived, is present.
Son of Sister: If there is a father, son, grandson, or the sister (if they are present).
Son of maternal Uncle: If there is a father, son, grand-son, or sister (if they are present).
Son of maternal Uncle: If the maternal uncle is present or if the maternal uncles son, due to whom the heirs are deprived, is present.
Son of paternal Uncle: If the paternal uncle is present or if the paternal uncles son, due to whom the heirs are deprived, is present.
It is not an Islamic policy to give a male twice the share of a female. Misleading interpretations are not acceptable. This is a falsehood and a false propagation. The whole inheritance system should not be distorted. If we examine the entire inheritance system, three situ-ations can be seen:
A woman sometimes receives an equal share to that of a man.
A woman sometimes receives a larger share than a man.
A man sometimes receives a larger share than a woman.
Equal share for women
Paternal grandparents: One-sixth share of both paternal grandparents. If the deceased has a son or grandson, the shares are as follows: son 54.166%, paternal grand-mother 16.66%, paternal grandfather 16.66%, the wife 12.5%.
Father and mother: One-sixth share for both parents. If the deceased has a son or grandson, the shares are as follows: father 16.66%, mother 16.66%, wife 12.5%, and son 54.166%. This is Allahs law. The Quran states: “And if a man or woman has no heir in direct line, and have left a brother or a sister, each one of the two gets a sixth; but if more than two, they share in a third.”
Maternal uncle and aunt together: Divide the property into three equal parts if there is a maternal uncle and a maternal aunt. Meaning, one maternal uncle and one maternal aunt will receive 33.33% and if there are two sisters, they will receive 66.66%. This law is also in the Quran.
The verse says: “If a man or woman has no heir direct, and he has a brother or a sister, each one of the two gets a sixth share of the property; but if more than two, they share in a third.” In these examples, it is observed that certain women and men receive an equal share in the same deceased individuals inheritance.
Womens share is higher than men: Inheritance in the Islamic law is divided based on specific proportions allocated to the different family members. Due to these predefined proportions, sisters and the daughters can sometimes receive more than brothers and sons. For example, in the first case, the share of a deceased per-sons estate is the distributed as follows: daughters 29.629%, father 14.81%, mother 14.81%, and each sister 11.11%. Conversely, in the second case, the distribution is as follows: wife 12.5%, father 16.66%, mother 16.66%, and each son 27.08%. It can be observed that in these cases, each daughter receives 29.629%, whereas each son receives 27.08%. This demonstrates that daughters can sometimes receive a larger share than sons, challenging the assumption that sons always receive more.
Another example: if a deceased person has only two daughters along with a wife, father, and mother, the distribution would be: wife 19.99%, father 13.33%, mother 13.33%, and each daughter 26.66%. On the other hand, if there is a brother in addition to the wife, father, and mother, the distribution changes to: wife 50%, mother 16.66%, sister 16.66%, and the brother 16.66%. It is evident from these examples that in certain circumstances, female relatives can receive a larger share than male relatives. This contradicts the assumption that brothers always receive more than sisters. These examples illustrate that in the same inhe-ritance scenario, female heirs can sometimes receive a higher share than male heirs.
Male heirs do not inherit from certain relatives, but female heirs do
Maternal grandmother receives a sixth share, but the maternal grandfather does not receive anything. If a deceased person has a wife and both uterine sisters and uterine brothers, the uterine sisters receive a share, but in this case, the uterine brothers do not receive a share.
From the above discussion, it is evident that males do not receive a greater share in all cases. In some cases, females receive an equal share. In other cases, they receive more. When comparing the inheritance in two different scenarios, it can be observed that in one scenario, even females receive a share just like in the case of males. Therefore, in Islam, the share of males is not twice that of females; this is a partial represent-tation of the Islamic inheritance system. The miscon-ception that men always receive a greater share is propagated by certain progressive feminists.
In the case of inheritance, a male receives twice the share of a female
The Quran clearly states this rule: the Allah instructs regarding your children: for a male, what is equal to the share of two females. If there are only females, two or more, they will receive two-thirds of what is left. And if there is only one daughter, then for her is half. For the parents, a sixth share of inheritance to each if the deceased left children. If the deceased left no children, but parents only, then for the mother is one-third. And if the deceased left siblings, then for the mother is a sixth, after any bequest he may have made or debt. Your parents and your children - you know not which of them are nearest to you in benefit.
They request from you a [legal] ruling. Say, “Allah gives you a ruling concerning one having neither descendants nor ascendants [as heirs].” If a man dies, leaving no child but [only] a sister, she will have half of what he left. And he inherits from her if she [dies and] has no child. But if there are two sisters or more, they will have two-thirds of what he left. If there are both brothers and sisters, the male will have the share of two females.
The above verses explain the inheritance laws in Islam. Its evident that in Islam, the division of inheritance is not based on gender, but rather on the family structure and the relationships between individuals. Its impor-tant for a Muslim to follow and respect the Islamic inheritance rules and not misinterpret them to pro-pagate gender-based biases.
The reason why one man gets equal share of two women
The principle of equal share for a man and two women in inheritance is not based solely on gender but rather on the established and robust foundation of respon-sibility, expenditure, and the relationship with the deceased. Those who claim a difference in the respon-sibility and right, advocating for gender-based dis-parities, lack a deep understanding and insight into these matters. If we accept their views, the entire world would become unstable. This world follows a certain rule, and that rule is Allahs creation. The overall life principles are based on universal life guidelines. In the case of inheritance, the accepted principle is "distri-bution according to responsibility". Meaning, the one with more responsibility will receive more. The one with less responsibility will receive less. The respon-sibility of the familys children, sustenance, and wealth management is upon the man. The responsibility of facing adversaries is also upon the man. The respon-sibility of nurturing and providing for the family is upon the man. Even in the event of divorce, the res-ponsibility of maintenance and residence during the waiting period is upon the man.
Allah instructs: “Live with them in kindness. If you decide to take a wife in place of another, even if you had given the latter a whole treasure for dower, take not the least bit of it back. Would you take it by the slander and manifest wrong?”
The responsibility of nurturing and taking care of the children and the mother during breastfeeding is on the father. Allah says: “The mothers shall give such to their offspring for two whole years, if the father desires to complete the term. But he shall bear the cost of their food and clothing on equitable terms.” In the matter of expenses and nurturing, the responsibility is on the father. Allah states: “Let the man of means spend ac-cording to his means: and the men whose resources are restricted, let him spend according to what Allah has given him.” In the matter of expenditure, the respon-sibility is on the man. In regard to the mahr (dower), the responsibility is on the man. Allah instructs, “And give the women upon marriage their [bridal] gifts gra-ciously.” Responsible for managing the household efficiently. Hence, it is necessary for the husband to be financially empowered to establish a happy and pros-perous family. If he were not financially capable as demanded by contemporary progressive ideas, mana-ging the household from the assets of the father or inherited properties would be more challenging.
In the present context, where the some progressive individuals argue for a change in traditional practices regarding womens rights and inheritance, understand-ding the practical reality of women comprehending financial matters becomes essential. This is why the concept of Allahs divine wisdom, portraying a woman as a key figure for the successful management of the husbands household, is significant. If the daughter were to handle the financial responsibilities and the expenditures of the household after her fathers demise, it would be even more challenging. Therefore, to understand the true essence of a prosperous household, its crucial to analyze the responsibilities and financial contributions in the context of the present societal circumstances. In this regard, a well-known philoso-pher named Jadhavbharadhas emphasizes that the real picture of understanding the humor and responsibilities associated with women in society helps to address this issue. His insights shed light on the roles of different family members in managing and contributing to family expenses and responsibilities. He highlights that the responsibility of managing family expenses and fulfilling duties primarily falls on the son after the fathers demise, not daughter or widow. This under-standing is essential to ensure fair distribution and effective management of family assets and expenses.
In conclusion, Islamic teachings, grounded in divine wisdom, establish a framework for family dynamics and financial responsibilities, emphasizing the hus-bands role as a financial provider. Understanding thesprinciples through research and analysis is vital to guide both individuals and society in practicing and upholding Islamic values in their lives. From the time of marriage, all fundamental rights and lifes desires, including the dowry, will be obtained from the hus-band. If a woman becomes a widow, her responsibility lies with the father, son, and brothers. When a woman is a mother, grandmother, or great-grandmother, her care and nourishment responsibility lie with her hus-band, son, and grandsons. In short, women are always dependent on men for their maintenance and sus-tenance.
In reality, this depiction of the womens position in Bangladeshi society is deeply unfair and unjust. The true empowerment and realization of womens rights are far from this skewed and unjust portrayal. The societys structure, deeply rooted in the discriminatory practices and guided by the principles and teachings of the Quran, calls for the urgent change. The present scenario indicates a decline in mutual respect, affec-tion, and love among siblings. It is evident that women are vulnerable to discrimination, abuse, and helpless-ness at the hands of their own family members. This is not just a moral decline among Muslims; its more than that. They need to be more understanding and caring towards their female relatives. Understanding humor and taking it positively requires legal support. Our call to the state machinery is to make sure that all citizens express their dissatisfaction with providing dowries and punish the wrongdoers within the framework of the law.
The above discussion can lead to the conclusion that Islam, as a philosophy of the Muslim community, truly presents the realistic depiction of womens heritage among adherents of Islam compared to the other prevalent religions in the world. Through comparative analysis and critique, it becomes evident that in Islam, the rights of women are established differently than in other religions. Recognizing and valuing the intrinsic human values and assessment in personal, familial, societal, and national life is crucial for half of the humanity, especially in the present global context. Islam has ensured the financial power in terms of a womans right in a manner distinct from that in other religions. In a human society, rights, particularly rights related to wealth and property, are among the most significant matters. Having accurate knowledge about this is indispensable in everyones life. In the present time, the understanding and recognition of womens progress and independence are so much distorted, with more myths than truths. In Muslim society, women do not lack the right to independence. Islam has ensured their independence and respect. To a woman, Islam provides rights, respect, modesty, the humility, and a broader social responsibility in a manner unlike the established in any other religion. In the context of various human rights, the right to wealth - property rights or inheritance - is another crucial subject. In this regard, everyones life inevitably involves knowledge. In a patriarchal society, even if a woman is confined to her fathers house, she will still receive dowry upon marrying. But if a man marries again, he will have to give dowry once more. In essence, the responsibility of expenditure is assigned to the woman, not to the man. This has been structured this way by the law of Allah, the Omniscient and All-Knowing, so that the woman, upon entering her husbands household, directly be-comes the trustee and the right holder of the husbands property. Essentially, this helps protect her from finan-cial exploitation and ensure her rights in the family and society. This clearly indicates that controlled and safeguarded use of property means placing it appro-priately and protecting it from misuse. This is how freedom and discipline are preserved. In modern times, those who attempt to confuse womens rights and the division of womens inheritance do not even consider the aspect that when a woman separates from her hus-bands household (either due to legitimate reasons or moral deviations), it is not considered the respons-bility of the man to compensate for the financial loss. However, even if a man marries again, he will still have to provide a dowry. The point is, the financial responsibility is not imposed on the woman but on the man. The true essence of this law is that Allah, the All-Knowing, has established it in such a way that when a girl comes to her fathers house as a virgin, she be-comes the successful bride of her husbands household in the future, and to establish a prosperous family life, the husband needs to be financially stronger. However, if it were structured differently, as the contemporary progressive thinkers claim, and if the woman had to bear the financial responsibility, it would be more difficult, and this is where the strength lies. Because in todays circumstances, even though women understand the division of inheritance rights and the right to the mans property, they dont consider that when a woman is a stakeholder in this way (either due to legitimate reasons or the moral deviation) and the marital bond breaks, she will face difficulty in accepting financial loss. The concept of women sharing property rights is intended to the create confusion and make it more challenging, moving from the husbands wealth to the division of property between a father and a daughter. In essence, the primary purpose of creating confusion is to make the duty of a husband more difficult, from immovable to movable property, and to push women from stability to even greater instability. This is the intent of the claim of contemporary progressives about womens rights and womens inheritance. Therefore, we can say that Islam, in comparison to any other religion, has placed women in a higher position of respect and dignity, ensuring various rights, including the right to inheritance. The confusion and distortion created here lack a true understanding of Islams noble ideals. The real objective is to divert women away from the lofty principles of Islam by confusing and undermining them. Ultimately, we must emphasize that Islam has established womens rights and ensured a fair share of inheritance, creating an environment of ethical conduct and the discipline, far removed from confusion and lawlessness.
The researchers are very grateful to Mr. Md. Shaon Akter, Assistant Professor, Dept. of English, Sheikh Fazilatunnesa Mujib University, for his great contri-bution to this research specially language and grammar checking.
There is no conflict of the interest in this research.
Academic Editor
Dr. Sonjoy Bishwas, Executive, Universe Publishing Group (UniversePG), California, USA.
Department of Islamic Studies, Khwaja Yunus Ali University, Sirajgonj, Bangladesh.
Sharif MY, Karim MR, and Rahman MM. (2023). Womens economic empowerment and inheritance rights across major global religions: a comparative exploration. Br. J. Arts Humanit., 5(6), 309-326. https://doi.org/10.34104/bjah.02303090326