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Inquiry Regarding Islamic Inheritance For Women
My khala (a woman in her 70s), who has been suffering from diabetes and has lived a very modest life, recently faced the loss of her husband. They did not have any children of their own, but they adopted a daughter. After my khalu passed away, he left behind a sum of 18 lacs from the sale of family property, which was placed in a private bank account. Despite living a humble life, they did not use the money for their personal needs, not knowing what to do with it. Unfortunately, khalu passed away suddenly, and now the bank is saying that as per Islamic jurisprudence, my khala will only receive 1/6th of the money due to the absence of a son.
While I deeply respect and understand the wisdom behind Islamic inheritance laws, I have concerns that I wish to clarify. As a father of a daughter, I fear the inheritance distribution that might occur after my death. Although I understand that I can gift or write a will during my lifetime, my concern is about the fate of daughters’ inheritance, especially when there are no sons.
Why is it that in the absence of sons, a significant portion of inheritance passes to the brothers (or other male relatives) instead of daughters, even when the daughter is young, unmarried, and still studying? I understand that daughters receive their share from their husbands after marriage, but what if the daughter is not yet of marriageable age or has no husband?
I would be grateful for your insights on this matter and the wisdom behind this specific aspect of inheritance law. -
1 Reply
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Inquiry Regarding Islamic Inheritance For Women
updated 2 weeks, 6 days ago
2 Members
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Reply
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First, man is allowed to make a will for his entire estate. If he thinks one of his children or his only daughter needs more of his wealth, he should make a will. The law of inheritance comes after will. Leaving the matter without will indicates that man has adopted the will of God in the distribution of his estate.
The law of inheritance is based on the measure of benefit of his heirs. Girls’ benefit is transferred to their in laws thefore their benefit is lesser than that of sons and if there is no sons, then the brothers help. This is the norm. Thefore brothers are nominated as heirs when there is only daughters .
In a particular case where man thinks that his daughter is more beneficial to him or she has greater need or his brothers are not beneficial then he should make a will accordingly.
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