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double the inheritence?

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double the inheritence?
amatullah
07/10/02 at 09:44:03
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My translation of only a part of a longer research submitted at the ninth conference of the islamic shari'a and studies about modern women's
from the lecture of dr. mu7amad sa3eed rama'6an alboo6ee



As for the right or qualifications (al7uqooq al-ahleyya): and it is known quantitatively civil rights¡ from possession and managing of the properties and execution to the contracts¡ and foundations relationships and its procceses and direction¡ then the problems that mostly exhaustive judegments exists regarding the inheritances and the witness .

( as for the inheritance ) it is a an overly ignorance that prevails plenty of the people's knowledge regarding its judgements. a horrible injustice is done to the Islamic law. And from therefore fabricated illusion in the inheritance division between the men and the woman.

these ignorant  make out of Allah all mighty's saying { to the male a portion equal to that of the two females share } [ the women : 4 / 11 ] sharp general rule in case of any man and woman who meet for inheritance division. And in fact they might have even wanted to make from a single aya in Allah’s book a base for unjustly allowing the male to win the double in any field more than a female.


The verse starts with God ta’ala saying { Allah (thus) directs you as regards your Children's (Inheritance): to the male, a portion equal to that of two females
} [ the women : 4 / 11 ] therefore then Allah’s clarification, above, decides this judgement concerning two male children or more .þ

As for the other inheritors, be they males and females, to them there are clear judgements specific to each of them. Moreover, the males share and the females are one and the same in most cases actually. And the female’s share exceeds the male’s share sometimes even.  Here are a group of examples:



The deceased left boys and father and mother, both parents one sixth each, making no differentiation between the father’s masculinity and the mother’s femininity. That is based on acceptance by His saying ta’ala: { For parents, a sixth share of the inheritance to each
} [ the women : 4 / 11 ]

-The deceased left a brother to his mother ,or a sister to his mother, and there is not he hides the inheritance from them, then each the brother and the sister inherits the one sixth each. Without difference between male and female. This is acting by Allah Ta’ala saying : {but has left a brother or a sister, each one of the two gets a sixth} (4/12)


The deceased left a number of male brothers to the mother, and a number of sister (two or more), then the brothers will equally share a third all together, and the sisters will share a third all together, regardless.This is ofcourse on the frank explanation given to us by Allah ta’ala in this part of the aya: { but if more than two, they share in a third } [ the women : 4 / 12 ]


If the deceased  woman leaves her husband and her daughter, then the daughter inherits half, and her husband (of the dead lady) inherits a quarter. So the female inherits here more than the male inherits, in fact double.

If the deceased left wife and two daughters and brother to him, then the wife inherits the money one eighth,  and the daughters inherit two thirds, and the remained then will be for the uncle, the deceased’s brother, and by that the two daughters inherit more than their uncle. This is how the prophet of God peace be upon him, fulfilled Allah the Great and Almighty’s commands in the inheritance verse .


Therefore we have clarified how Allah ta’ala’s saying: { to the male like the females share } he not a general rule, but it is subject to the case that the He also mentioned was in the rest of the verse above, but in one case.


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