An analysis of the rationale behind the distribution of shares in terms of the Islamic law of intestate succession

• Author: Muneer Abduroaf
• DOI: 10.17159/2225-7160/2020/v53a8
• Published date: 01 June 2020
• Date: 01 June 2020
• Pages: 115-122

Recent case law 115

An analysis of the rationale behind the

distribution of shares in terms of the Islamic

law of intestate succession

SUMMARY

There are 35 verses in Al Quraan that refer to succession. A daughter

always inherits half the share of a son in terms of the Islamic law of

intestate succession. (See Khan The Noble Qur’an – English Translation of

the Meanings and Commentary 1404H (4) 11 where it states that “Allah

commands you as regards your children’s (inheritance); to the male, a

portion equal to that of two females…”). The reason why females (at

times) inherit less favourably than males in terms of the Islamic law of

intestate succession is not clearly stated in the primary sources of Islamic

law. This note analyses the question as to whether the discrimination

against females is consistent throughout the Islamic law of intestate

succession. It also analyses the possible rationale behind the unequal

distribution. The note concludes with an overall analysis and concluding

remarks.

1 Introduction

A daughter always inherits half the share of a son in terms of the Islamic

law of intestate succession. (See Khan The Noble Qur’an – English

Translation of the Meanings and Commentary 1404H (4)11 where it states

that “Allah commands you as regards your children’s (inheritance); to the

male, a portion equal to that of two females…”). The reason why females

(at times) inherit less favourably than males in terms of the Islamic law

of intestate succession is not clearly stated in the primary sources of

Islamic law. It should be noted that the law of intestate succession applies

the estate of a deceased person not governed by a will.

Al Quraan is one of the primary sources of Islamic law that is

applicable to Muslims. There are 35 verses in Al Quraan that refer to

succession laws. (See Hussain The Islamic Law of Succession (2005) 29).

There are, however, only three verses in Al Quraan that provide specific

details of succession laws. These three verses are Al Quraan (4) 11, 12, &

176. Prophetic traditions are the second primary source of Islamic law.

These traditions elaborate and clarify how these succession law verses

should be interpreted and applied to various scenarios.

Al Quraan 4(11) states that “Allah commands you as regards your

children’s (inheritance); to the male, a portion equal to that of two

females; if (there are) only daughters, two or more, their share is two

thirds of the inheritance; if only one, her share is half. For parents, a sixth

share of inheritance to each if the deceased left children; if no children,

and the parents are the (only) heirs, the mother has a third; if the

deceased left brothers or (sisters), the mother has a sixth. (The

distribution in all cases is) after the payment of legacies he may have

bequeathed or debts. You know not which of them, whether your parents

or your children, are nearest to you in benefit, (these fixed shares) are

How to cite: Abduroaf ‘An analysis of the rationale behind the distribution of shares in terms of the Islamic law of

intestate succession’ De Jure Law Journal 115-122

http://dx.doi.org/10.17159/2225-7160/2020/v53a8