Islam - Its Meaning for Modern Man

by Sir Muhammad Zafrulla Khan

Page 266 of 386

Islam - Its Meaning for Modern Man — Page 266

266 take only his or her prescribed share and no more; nor can any heir be deprived of the whole or any part of his or her share. There is a wide circle of heirs. If a person should die leaving a father, mother, wife or husband, sons and daughters, each is an heir and is entitled to a determined share of the inheritance. In some cases the share of a female heir in the same degree of relationship to the deceased as a male heir is equal to that of the male heir, but normally it is one half of that of a male heir in the same degree (4:8, 12 ⎯ 13). The difference between the normal share of female heirs and male heirs having the same relationship to the deceased is not in fact discriminatory to the prejudice of the female heirs. Under the Islamic system, the obligation of maintaining the family always rests upon the husband, even when, as is often the case, the wife’s personal income may be larger than the husband’s. To enable the male to discharge his obligations toward the family, his share in the inheritance is twice that of a female in the same degree of relationship as himself. Far from operating to the prejudice of the female heir, this actually places her in a favourable position as compared with the male heir because she does not have financial obligations to the family. The Islamic system of inheritance operates to distribute wealth so that a large number of people may have a competence