Redefining Inheritance: The Reluctance to Share with Sisters and Daughters

Inheritance laws have long been a topic of contention in many societies, often reflecting deep-seated cultural norms and beliefs. While modern legal systems strive for equality, there persists a reluctance to allocate a fair share to sisters and daughters. This reluctance, rooted in tradition and societal biases, warrants a critical examination.

In many cultures, sons are favored over daughters when it comes to inheritance. This bias often stems from the historical perspective of sons as primary heirs, responsible for carrying on the family name and lineage. Daughters, on the other hand, were traditionally viewed as joining another family upon marriage, thus diminishing their claim to inheritance.

However, it is crucial to reassess these outdated perceptions in light of modern values of equality and justice. Sisters and daughters are equally integral members of the family unit, contributing to its well-being and success. Denying them their fair share of inheritance perpetuates gender inequality and undermines their economic empowerment.

Islamic teachings offer a different perspective on inheritance, emphasizing fairness and justice for all heirs, regardless of gender. The Quran and Sunnah provide clear guidelines on the distribution of inheritance, allocating shares to daughters and sisters alongside other heirs.

According to Islamic law, daughters are entitled to inherit from their parents' estate, with their share specified based on various factors outlined in the Quran. Similarly, sisters are recognized as heirs and are entitled to a portion of the inheritance, although the exact share may vary depending on the presence of other heirs. (Surah An-Nisa 4:11-12)

يُوصِيكُمُ ٱللَّهُ فِىٓ أَوْلَـٰدِكُمْ ۖ لِلذَّكَرِ مِثْلُ حَظِّ ٱلْأُنثَيَيْنِ ۚ فَإِن كُنَّ نِسَآءًۭ فَوْقَ ٱثْنَتَيْنِ فَلَهُنَّ ثُلُثَا مَا تَرَكَ ۖ وَإِن كَانَتْ وَٰحِدَةًۭ فَلَهَا ٱلنِّصْفُ ۚ وَلِأَبَوَيْهِ لِكُلِّ وَٰحِدٍۢ مِّنْهُمَا ٱلسُّدُسُ مِمَّا تَرَكَ إِن كَانَ لَهُۥ وَلَدٌۭ ۚ فَإِن لَّمْ يَكُن لَّهُۥ وَلَدٌۭ وَوَرِثَهُۥٓ أَبَوَاهُ فَلِأُمِّهِ ٱلثُّلُثُ ۚ فَإِن كَانَ لَهُۥٓ إِخْوَةٌۭ فَلِأُمِّهِ ٱلسُّدُسُ ۚ مِنۢ بَعْدِ وَصِيَّةٍۢ يُوصِى بِهَآ أَوْ دَيْنٍ ۗ ءَابَآؤُكُمْ وَأَبْنَآؤُكُمْ لَا تَدْرُونَ أَيُّهُمْ أَقْرَبُ لَكُمْ نَفْعًۭا ۚ فَرِيضَةًۭ مِّنَ ٱللَّهِ ۗ إِنَّ ٱللَّهَ كَانَ عَلِيمًا حَكِيمًۭا ١١

Allah commands you regarding your children: the share of the male will be twice that of the female. If you leave only two ˹or more˺ females, their share is two-thirds of the estate. But if there is only one female, her share will be one-half. Each parent is entitled to one-sixth if you leave offspring. But if you are childless and your parents are the only heirs, then your mother will receive one-third. But if you leave siblings, then your mother will receive one-sixth—after the fulfilment of bequests and debts. ˹Be fair to˺ your parents and children, as you do not ˹fully˺ know who is more beneficial to you. ˹This is˺ an obligation from Allah. Surely Allah is All-Knowing, All-Wise.

۞ وَلَكُمْ نِصْفُ مَا تَرَكَ أَزْوَٰجُكُمْ إِن لَّمْ يَكُن لَّهُنَّ وَلَدٌۭ ۚ فَإِن كَانَ لَهُنَّ وَلَدٌۭ فَلَكُمُ ٱلرُّبُعُ مِمَّا تَرَكْنَ ۚ مِنۢ بَعْدِ وَصِيَّةٍۢ يُوصِينَ بِهَآ أَوْ دَيْنٍۢ ۚ وَلَهُنَّ ٱلرُّبُعُ مِمَّا تَرَكْتُمْ إِن لَّمْ يَكُن لَّكُمْ وَلَدٌۭ ۚ فَإِن كَانَ لَكُمْ وَلَدٌۭ فَلَهُنَّ ٱلثُّمُنُ مِمَّا تَرَكْتُم ۚ مِّنۢ بَعْدِ وَصِيَّةٍۢ تُوصُونَ بِهَآ أَوْ دَيْنٍۢ ۗ وَإِن كَانَ رَجُلٌۭ يُورَثُ كَلَـٰلَةً أَوِ ٱمْرَأَةٌۭ وَلَهُۥٓ أَخٌ أَوْ أُخْتٌۭ فَلِكُلِّ وَٰحِدٍۢ مِّنْهُمَا ٱلسُّدُسُ ۚ فَإِن كَانُوٓا۟ أَكْثَرَ مِن ذَٰلِكَ فَهُمْ شُرَكَآءُ فِى ٱلثُّلُثِ ۚ مِنۢ بَعْدِ وَصِيَّةٍۢ يُوصَىٰ بِهَآ أَوْ دَيْنٍ غَيْرَ مُضَآرٍّۢ ۚ وَصِيَّةًۭ مِّنَ ٱللَّهِ ۗ وَٱللَّهُ عَلِيمٌ حَلِيمٌۭ ١٢

You will inherit half of what your wives leave if they are childless. But if they have children, then ˹your share is˺ one-fourth of the estate—after the fulfilment of bequests and debts. And your wives will inherit one-fourth of what you leave if you are childless. But if you have children, then your wives will receive one-eighth of your estate—after the fulfilment of bequests and debts. And if a man or a woman leaves neither parents nor children but only a brother or a sister ˹from their mother’s side˺, they will each inherit one-sixth, but if they are more than one, they ˹all˺ will share one-third of the estate—after the fulfilment of bequests and debts without harm ˹to the heirs˺. ˹This is˺ a commandment from Allah. And Allah is All-Knowing, Most Forbearing.

For daughters, each daughter receives a fixed share of the inheritance, which is typically half of what a son would inherit. This principle is based on Quranic verses such as Surah An-Nisa (4:11-12), which specify the shares of various heirs.

As for sisters, they are entitled to inherit from their deceased brother's estate if he has no surviving children or parents. In such cases, each sister receives a fixed share of the inheritance, usually half of what a brother would inherit. This allocation is based on the principle of 'awl (reduction), as outlined in Islamic jurisprudence.

The principles of Islamic inheritance are designed to ensure the equitable distribution of wealth among family members, regardless of gender. By adhering to these principles, societies can promote social cohesion and economic stability while upholding the rights of all individuals, including sisters and daughters.

In Pakistan, inheritance rights protection is afforded through legal frameworks like the West Pakistan Muslim Personal Law (Shariat Act, 1962) and the Muslim Family Law Ordinance, 1961. These statutes ensure the rights of legal heirs are upheld.

The regulation of land and inheritance rights in Pakistan is a complex interplay of civil, Islamic, and customary laws. Civil laws such as the Contract Act of 1872, the Transfer of Property Act of 1882, and the Registration Act of 1908 primarily govern ownership and property transfer, irrespective of gender. However, for inheritance, the Muslim Personal Law of 1962, operating under Sharia law, holds sway. This legal framework introduces specific provisions and guidelines ensuring equitable distribution of inheritance among heirs, adhering to Islamic principles. This distribution is mainly done by judges of courts keeping in mind the personal law applicable to an individual.

Under Pakistani law, daughters and sisters are recognized as heirs and are entitled to inherit from their deceased parents or siblings' estate. However, the actual portion of inheritance may vary depending on several factors, including the presence of other heirs, any specific bequests, and local customs.

While the principles of Islamic inheritance are upheld in Pakistani law, there may be variations in how they are interpreted and applied in practice. Legal professionals and Sharia scholars play a crucial role in ensuring that inheritance matters are resolved in accordance with both religious and legal principles, taking into account the specific circumstances of each case.

Addressing the reluctance to share inheritance with sisters and daughters requires a multifaceted approach. Education and awareness campaigns can challenge ingrained biases and misconceptions surrounding gender roles and inheritance rights. Legal reforms can also play a crucial role in enshrining gender equality in inheritance laws and ensuring their effective implementation.

In conclusion, the reluctance to give sisters and daughters their fair share of inheritance is a reflection of deep-seated biases and outdated cultural norms. By embracing the principles of equality and justice, as outlined in both religious and secular frameworks, societies can move towards a more inclusive and equitable distribution of wealth, empowering sisters and daughters to fully participate in their family's legacy and prosperity.