TRANSLATION
Whatever parents and near relatives leave behind, man will have a share in the inheritance and so will woman; however little or however much—each an appointed share. During the distribution of inheritance, if relatives, orphans, and needy people are present, give them something out of it and treat them gently. Any one of you who fears that they might leave behind children too young—and you should contemplate [such a possibility]—then remain conscious of your commitment to responsible behavior and speak to and treat everyone justly. Anyone who devours the property of orphans unjustly only swallows fire into their bellies, and they will endure blazing fire [in this life and the life to come].239
God enjoins the following concerning inheritance for your children: (1) The share for a male is twice that of a female, (2) but if there are more than two females, they shall inherit two-thirds of what their parents leave behind, (3) but if there is one, she shall have one-half. As for parents [of the deceased]: (1) each shall have one-sixth of what he leaves behind, if he has a surviving child, (2) if he has no surviving child and parents are the only heirs, then his mother will have one-third, and (3) if he has brothers and sisters, then his mother will get one-sixth, all such allocations after deductions of any and all outstanding bequeathal and debt. As for your parents and your children, you do not know who is more deserving of benefits from you. This enjoinment about inheritance is an obligation from God, who is All Knowing and Wise.
Now with respect to inheritance left by wives: (1) you will have one-half, if there are no children, (2) but if they have children, then your share is one-fourth after deductions of any bequeathal and debt. And with respect to inheritance left by husbands: (1) widows will have one-fourth if no child is left behind, (2) but if there is a child, then her share shall be one-eighth, after all bequeathal and debts.
If a man or a woman has no direct heirs [children or parents] but has a brother or a sister, then each will inherit one-sixth, but if there are more than two, then all together will inherit one-third, after all bequeathals and debts, which should not deprive rightful heirs—all these being injunctions from God who is All Knowing and Forbearing.240
There are limits set by God. Whoever follows God and His Messenger, God will admit him in Paradise of peace and plenty to reside in. This is a great achievement. Whoever, on the other hand, disobeys God and His Messenger and goes beyond the limit, God will make him enter the Fire to reside in. That is a shameful suffering!
INTERPRETATION
239. The rule of inheritance is addressed after addressing that all human beings are connected, and the rights of orphans, widows, and by implication other disadvantaged people, are to be protected is a matter of God-given rights and not an act of charity. This right of inheritance for women was unprecedented in human history till the time the Qur’an made it mandatory as a matter of women’s rights. The moderation with which it was initiated (i.e., woman’s share being 50 percent of a man’s share to start with) is also a sign of pragmatism and practical implication in Islamic teaching and legal rules. There is obvious controversy among Muslims and others as to why the Qur’an recommended a woman’s inheritance to be half of a man’s at the time and what responsibility and freedom there is for the generations to come to reflect, discuss, strive for consensus on criteria, and eventually adjust such allocations, as necessary.
I truly believe that this is not meant to be a permanent injunction for all time and for all societies but a starting point to challenge each and every one of us to reach eventual equality for men and women. Those who claim that God gave final answers for everything and that each successive generation is left with no room to grow and to prove our human potential to each other and to our Creator fail to comprehend the very construct of our world and the essence of human existence, where we are endowed with ever-expanding knowledge and better appreciation of ethical/moral imperatives to propel the human race to ever-higher ground of our temporal existence on this planet and to eventually earn the right for permanent peace and serenity of our soul in the presence of God, the Source of all creation. Let us be reminded, “God is the One Who has established you [each generation in succession] on the Earth and made some of you excel others in ranks [specific qualities, capabilities, possessions, etc.] so that He may try you with what you have been gifted with. God is able to take quick retribution, but He is Ever Forgiving and Merciful” (The Cattle, 6:165).
240. The Qur’an then went into specific details about the sphere of inheritance to include children, parents, spouses, and siblings and to include goodwill toward other relatives, orphans, and needy people who might be present or connected with the family or community. The ability to bequeath is also available, to share inheritance with other human beings and other social endeavors or institutions to benefit specific individuals and larger communities. Questions also arise and need to be resolved regarding stepchildren, adopted children, and other relationships that might be prevalent in particular cultures or societies and specific property rights in various cultures and societies. These types of allocations in the Qur’an should be used as a foundation to build on and not as constraints that prohibit further thinking, discussion, and amendments. As the Qur’an stipulates in verse 3:7, which has been repeated by me a number of times in this volume already, certain verses are foundational (decisive—[Mohkamat]—that does not change), and others are given as allegories or examples (Mutashabihat) to guide further evolution and adoption for generations to come, leveraging our collective knowledge and wisdom, scholarly studies and interpretations, deeper insight into our societies, human conditions, and a sincere desire to better our lives on this planet as God’s special creation.
REFLECTION
Women’s rights and inheritance are two major contributions of Islam in boldly initiating and bringing justice in societies and establishing new norms that are foundational in all developed societies. Some Muslims, even to this day, remain confined to tribal or cultural norms and pay more attention to the letters of the Qur’an and not to the spirit and foundational principles of the Qur’an. The imperative to continue to evolve in our intellect and wisdom and move our societies toward more God-given freedom to think, analyze, strive for consensus, and make bold decisions and laws to aid in our collective growth and prosperity are essential aspects and responsibilities of our common humanity.
ACTION
As we read, interpret, and understand the Qur’an, we will also have to act to make the guidance real in our contemporary lives and in our contemporary societies. The singular purpose of sending a human Messenger by God is to help make the guidance real, relevant to human societies, and demonstrate how to establish it in societies—the task that the Prophet of Islam had done with commitment and efficiency that is unparalleled in human history. Yet, in his name, people deprive women of their rights and inheritance and continue to marginalize minorities and people of other faiths in Muslim communities, while at the same time asking for such rights from other faiths and communities. Every Muslim and every person of faith has an obligation to try to understand the Qur’an and engage in the community to ensure gender equality, justice, and human dignity and not get intellectually constrained by literal understanding and interpretations of the Qur’an and hadith and blind faith in previous generations’ understanding and interpretations. As God said, “When they are asked to take what God had revealed and His Messenger, they say, ‘It is adequate for us to follow our forefathers.’ What if their forefathers did not know and were not properly guided?” (5:104). Perhaps a good question for us to ponder in light of this verse is, Do we think that Muslims in the previous generations had always got it right, that we can safely and blindly follow their interpretations, and that we have no further obligations to align ourselves to God and to His Messenger, even if our previous generations did not fully understand or implement God’s guidance as intended for all times and for every generation?
Key Arabic Term
74. Faridah: Ordinance, settlement, allocation