109. Variation (between men and women) in Islamic laws on Inheritance.
The verses (4:11, 4:176) of the Quran say women inherit half of men as per Islamic law of inheritance.
Some opine this kind discrimination does not render justice to women. They should understand this discrimination is made with proper reasons.
1. Islamic social structure lays more of the economical responsibilities and burdens on men than on women. This is almost the same with other communities.
2. By and large, parents are looked after by their sons in their old days, and their daughters shoulder the responsibility of looking after the parents of their husband. Hence awarding two thirds of the inheritance to the sons is justified.
3. When a daughter faces a situation where she is unable to continue with her husband, she is bound to take refuge with her brother who might deny her help had she been allotted the same amount of inheritance.
4. Had the women been awarded equal inheritance, the in-laws would try to get hold of it by all crooked means. And after losing all that had been inherited from her parents she would be treated very shabbily at her home on return.
5. Though she gets half of that has been inherited by her brothers, in some situations she gets an indirect reimbursement from the male members (brothers) of her family.
6. All wish the family property remains within the family circle. But when there is equal inheritance by women it goes to the other family.
7. The male members of the family put more effort than their women counterparts in developing the family property. The properties left back by their fathers get developed mostly by the work of the sons, then daughters. The womenfolk do not play a major part in the development of family property.
8. Other than this the father buys all kinds of jewelry and ornaments for the girls, which remain not only as ornaments but as great assets. The male members of the family are not as lucky as the females in such cases. This needs to be taken note of.
9. And the question why only males should look after the parents would arise in them, when there is equal inheritance by men and women of the family. And the women would not have the chance to look after their parents once they are married.
As a result, the parents would be left unattended and admitted to old age homes. Islam has taken into consideration all these aspects and hence the disparity.
While going through the article in the Tamil daily Dinamani dated 2.08.2001, we can find the Islamic Inheritance Laws more sensible than all others.
The important feature of the article is follows:
…. Hence demand for the right to equal inheritance is not surprising, anyhow it needs to be seen while equal rights are demanded whether the duties of women are taken into consideration. The girls are brought up in the same way as the boys in the family and in addition to educating them, the family finds a suitable groom spending a fortune on their wedding. Over and above, when they call home their daughters, who are on their family way, they treat them lovingly with a big feast on vacations, and in addition if they are given equal rights like their male counterparts in the family, would render their parents’ last days doubtful with their daughters.
The burden of looking after their parents only on the shoulders of boys should change, while the women are scot-free after receiving their due share from the inheritance.
The son-in-law who enjoys all the benefits from the in-laws should come forward to look after them in their last days. When the rights are enjoyed by the daughters, and the duty is on the shoulders of the sons, there is no surprise the son and the daughters-in-law getting frustrated. The daughters should also take up the responsibilities of maintaining the parents. It is natural for the sons to expect the daughters to play their part in maintaining the parents in their last days since they also receive equal share in the inheritance. The thinking, the duty of looking after the female siblings and the parents solely lies on the shoulders of the sons should change. The days are not far, when the daughters will be forced to take the responsibility of maintaining the parents, when the inheritance is equally shared.
It also makes us wonder whether the proliferation of old age homes is the result of women being awarded equal rights without shouldering the responsibilities.
Thus reads the article in that newspaper.
If the Islamic law of inheritance is implemented all the evil consequences cited above can be avoided.
Hence it could be understood, the award of 2/3 for men and 1/3 for women for inheritance, is the most sensible solution for the parents and their daughters.
When viewed on these fundamentals, the discrimination in inheritance between men and women in the Islamic law of inheritance seem to be just and sensible.
