Islam and Human Rights — Page 66
Isl am and Hum an R ights 66 augment the share of one or more heirs to the prejudice of the remaining heirs. Each heir can 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. Their is a wide circle of heirs. If a person should die leaving 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 in the same degree of relationship to the deceased is not in fact discriminatory to the pre - judice 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 per sonal income may be larger than the husband’s. To enable the male to discharge his obligations towards the family, his share in the inheritance is twice that of a female in the same degree of relationship as himself. Far from oper ating 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