Giving the inheritance shares to male children double than the female children in Islamic communities is criticized in deist and atheist people.
Yet this is a sharing project of God, who created the Earths and the heavens. The earth is the place where God commands justice from the powerful, and where he gives justice.
The family life is like a principal and vice principal in a school. No one discriminates the principal from the vice principal, and since the men and women created differently, the men are determined to be the responsible person and manager of the family.
Humans are tested in a ratio of their strength regardless of the gender or creation difference in the life in earth.
4/32- Do not covet what God has given to some of you in preference to others. For men is a share of what they have earned, and for women is a share of what they have earned. And ask God of his bounty. God has knowledge of everything.
If the successes of the actors and actresses in a theatre is evaluated by their acting of their roles, Allah will award the men and women in the afterlife according to their loyalty and performance if they fulfill their roles in the way Allah wants. The men and women difference will not be in the afterlife and the believers and ones who did good deeds will be created with one spirit and they will be given blessing of the heaven and houries as spouses.
While Qur’an lays the foundations of a family, it stipulates a Muslim woman and a Muslim man as a must. Because it reminds that a non-Muslim woman calls the Muslim man to fire and vise-versa.
2/221- Do not marry idolatresses, unless they have believed. A believing maid is better than an idolatress, even if you like her. And do not marry idolaters, unless they have believed. A
believing servant is better than an idolater, even if you like him. These call to the Fire, but God calls to the Garden and to forgiveness, by His leave. He makes clear His communications to the people, that they may be mindful.
For those people who use the mind in this short world, everything that is against the eternal life is wrong and meaningless. It is necessary not to do actions other than the actions and speeches that will win the favor of God.
In the family life of Allah created man different from women in the form of force and power. According to the findings of science men there are forty-five fundamental differences between men and women.
Because of this reason, Allah has put men into the spotlight for the maintenance of the family life as president, chief, commander, attorney etc. No man in world life is responsible for any human being. Only the man is responsible for the woman as long as they remain married.
4/34- Men are the protectors and maintainers of women, as God has given some of them an advantage over others, and because they spend out of their wealth. The good women are obedient, guarding what God would have them guard. As for those from whom you fear disloyalty, admonish them, and abandon them in their beds. But if they obey you, seek no way against them.…
We will not explain the wisdom as to why men take double than the women from the inheritance. This is a separate article. We will only touch on some of the reasons.
1- When men and women get married, men give bride money to the women.
2/4- And those who believe in what was revealed to you, and in what was revealed before you, and are certain of the Hereafter.
2- The care and expenses of the children is under the responsibility of men and if they give their children to a wet nurse when the man and women broke up, the man pays the cost of the wet nurse.
2/233 Mothers may nurse their infants for two whole years, for those who desire to complete the nursing-period. It is the duty of the father to provide for them and clothe them in a proper manner. No soul shall be burdened beyond its capacity. No mother shall be harmed on account of her child, and no father shall be harmed on account of his child. The same duty rests upon the heir. If the couple desire weaning, by mutual consent and consultation, they commit no error by doing so. You commit no error by hiring nursing-mothers, as long as you pay them fairly. And be wary of God, and know that God is Seeing of what you do.
4/11- God instructs you regarding your children: The male receives the equivalent of the share of two females.
If they are daughters, more than two, they get two-thirds of what he leaves. If there is only one, she gets one-half.
As for the parents, each gets one-sixth of what he leaves, if he had children.
If he had no children, and his parents inherit from him, his mother gets one-third.
If he has siblings, his mother gets one-sixth. After fulfilling any bequest and paying off debts.
Your parents and your children—you do not know which are closer to you in welfare. This is God’s Law. God is Knowing and Judicious.
4/12- You get one-half of what your wives leave behind, if they had no children. If they had children, you get one-fourth of what they leave. After fulfilling any bequest and paying off debts. They get one-fourth of what you leave behind, if you have no children. If you have children, they get one-eighth of what you leave. After fulfilling any bequest and paying off debts. If a man or woman leaves neither parents nor children, but has a brother or sister, each of them gets one-sixth. If there are more siblings, they share one-third. After fulfilling any bequest and paying off debts, without any prejudice. This is a will from God. God is Knowing and Clement.
Note; at the last part, the inheritors are wife, mother and siblings.
4/176- They ask you for a ruling. Say,
Shares when there is no wife.
They ask you for a ruling. Say, “God gives you a ruling concerning the person who has neither parents nor children.” If a man dies, and leaves no children, and he had a sister, she receives one-half of what he leaves.
Here, only the mother and the sisters of the deceased are those who have rights on the inheritance. That is, if only one sister and one mother remaining, they would have inherited half of their inheritance.
However, if there is no child of the (dead) sister, he himself (brother) is the inheritor.
If there are two sisters, two-thirds of the remainder is theirs. However, (the inheritors) are brothers and sisters, the male gains double the amount from the female.
Let’s try to find out who takes a share from the inheritance and when by considering the form of the distribution.
An-Nisa 11, 12, and 176th verses determines the division conditions and amounts.
1- The ELEVENTH VERSE ADRESSES HOW THE INHERITANCE WILL BE DISTRIBUTED WHEN THERE IS NO SPOUSES
a)- Allah advises that the male kids should take twice the amount than the female kids.
b)- This verse mentions a distribution with no spouses. In other words, it gives information on how to divide heritage when the successors are male, female children and mother and father.
c)- When the girls are two or more than two, they have 2/3 of heritage. The father and mother have the remaining 1/3 part of the inheritance, that is, 1/3 to the mother and 1/3 to the father
of the remaining amount. Because when there is male kid, successor mother and father could only take 1/6 of the inheritance.
Let’s try to explain the distribution quantities by giving examples mathematically.
After the deduction of the will and debts, the deceased have left the inheritance of TRY10.000. How will the distribution be? Let’s try to make distribution by asking questions according to the conditions.
The inheritance is made over the remaining amount after deduction of will and debts.
Question- 1= three daughters and parents are entitled to the inheritance, mow much will they take?
Remaining amount= 10000 Tl.
Since the daughters are more than two, they take 2/3 of the inheritance
10000/2/3=6666 is the amount which was taken by three daughters. Each of them distributes TRY2222 among themselves.
The remaining amount goes to father and mother.
10000/1/3= TRY3333. This amount is distributed to the father and father as 2/3 = TRY2222 1/3 =TRY1111 respectively.
If these were sons, the mother and the father will be entitled to 1/6 of the inheritance. If there is no daughter or son, babe takes 2/3 and mother takes 1/3 of the inheritance.
If we crosscheck it, the daughters take 6667+3333= TRY100000, the result is correct.
Question- 2- If there is only a daughter and parents, how should the inheritance be distributed?
Amount= TRY10000.
When there is one daughter, she takes ½ of the inheritance 10000/1/2 =5000 TRY is the daughter’s share.
Remaining amount, in other words ½, belongs to the parents. When there is a daughter, the father takes 2/3 and mother takes 1/3 of the inheritance.
5000/3=1666 TRY. 3334 TRY, double than the mother, belongs to the father.
Question 3= If there is a boy, mother and father take 1/6 share.
10000/1/6 to mother=1667 to father 1/6=1667 TRY. Remaining amount =6666 TRY belongs to the boy.
When there is a boy, the mother and father take 1/6 equally, when there is a daughter, the mother takes shares in the ratio of 1/3 and the father takes 2/3, this must be known.
Question 4= When the dead doesn’t have any children and only inheritors is their mother and fathers, in this case the mother takes shares in the ratio of 1/3 and the father takes 2/3.
10000/1/3 3333 belongs to the mother 6667 belongs to the father.
Question 5 If two sisters and a mother is inheritor of the dead husband, what should be done?
10000/1/6 =1667 to the mother. The remaining amount belongs to the two sisters.
10000- 1667= 8333 TRY both takes 1/2=4166;5 TRY. If there were three sisters the remaining amount will be divided to three parts. If the three daughters were two brothers, the boy will take double the amount than the daughter.
d)- If there is one daughter, she takes ½ and remaining ½ is given to the mother and father. The father takes 2/3 and the mother takes 1/3 of this amount.
e)- If there is a boy, the mother and father take 1/6 each and the remaining amount belongs to the boy.
f)- If the dead spouses don’t have any children and only inheritors are the parents, they the whole amount. Mother takes 1/3 and the father takes 2/3 of the full inheritance.
g)- If they don’t have any children and a father but have a mother, the siblings are right owners too. In this case, mother takes 1/6 of the inheritance. Remaining amount belongs to the siblings.
2- DISTRIBUTION MADE IF ANY ONE OF THE SPOUSES IS ALIVE.
12th verse explains this situation.
a)- If the woman dies and the man is her inheritor and if there is no children and mother and father is inheritors, half of the inheritance belongs to the man. If there are children, ¼ of it belongs to the husband. The remaining amount belong to the children for distribution in the described ratio.
10000 TRY is the remaining amount after the will and the debts are deducted. If there are no children, ½ goes to the man and remaining amount is distributed to the mother and father.
10000/1/2= 5000 TRY to husband
10000- 5000= 5000 TRY to mother and father,1/3 =1667 to mother 2/3 = 3334 TRY to father.
If there are children, ¼ belongs to the husband and the whole remaining amount is given to the Children, when there is husband and children, father and mother doesn’t receive any inheritance.
Question= the husband is dead and three brothers, two daughters and a wife are alive.
10000/1/8 is given to the wife which is 1250 TRY. The remaining amount is distributed to the siblings, brothers takes double of the sisters.
Since there are three brothers, they take six female shares. Then, if we divide the remaining amount to eight, we find the amount allocated for the female.
10000- 1250=8750/8=1093,75 TRY a female share, each male takes 2187.5 TRY share.
Question- the husband is dead, if there are no children, the wife takes ¼ of the inheritance. The remaining amount is left for the mother and father, the mother takes 1/3 and the father takes 2/3.
10000/1/4= 2500 amount to be given to mother.
10000- 2500=7500 TRY. The amount taken by the mother and father. The father takes 7500/2/3=5000 TRY, the mother takes 7500/1/3=2500. TRY.
b) If the husband dies and the wife is alive, and if they haven’t got any children but they got parents, ¼ of the inheritance belongs to the wife and the remaining amount belong to the parents.
c) Again, if the spouse dies and the wife is alive, and if the passes husband has children, the wife takes 1/8 of the inheritance and the remaining amount is distributed among the children as described the male children takes twice the amount of the female children.
d)- If there is spouse, if there are no children and father, if there are brothers and sisters, 1/6 is distributed to the siblings and 1/6 is distributed to mother and the remaining amount is given to the spouse.
Question:- the husband is dead, there are no any children and father, only a mother two daughters and a brother and the wife are alive, how will the distribution be made?
10000/1/4 =2500 TRY is given to the wife because they haven’t any children, so she takes 1/4.
If he has siblings, brother and sister takes 1/6 of the share.
Sister 10000/1/6=1667
Brother 10000/1/6=1667 Tl.
The remaining amount belongs to the mother.4166 TRY is given to mother.
Question, If the wife is dead and there aren’t any father and children, the inheritance is distributed among the siblings, mother and the husband.
10000/1/2= 5000 TRY is given to husband.
To brother= 1667 TRY.
To sister =1667 TRY.
The remaining amount is given to the mother.
1667+1667+5000=8334 Total – 10000=1666 is given to mother.
e)- If the siblings are multiple males and females, they divide equally by 1/3 of the remaining heritage. 1/6 is given to the mother and remaining amount given to the remaining spouse. The thing that needs to be remembered is that if the inheritor is spouse that doesn’t have kids and father, he has the right on half of the inheritance, if the wife remains, she has the right on ¼ of the inheritance after deducting the will and debts.
Question- = in case there are more than one sisters and brothers, what is the amount to be distributed to two sisters, a brother, wife and mother?
10000/1/3= 3333 TRY given to the brothers
Each sibling takes 1111 TRY without discriminating them as brothers and sisters.
If the husband is alive, he takes 10000/1/2 share, which is 5000 TRY.
The remaining amount belongs to the mother.5000+3334= 8834- 10000= 1666 TRY is given to her.
If the husband dies and if the wife, mother and siblings have a right on the inheritance, how will the distribution be made?
10000/1/4 = 2500 TRY is given to wife.
Shore to the siblings 10000/1/3= 3334/3= each sibling is given 1111 TRY.
The mother takes the remaining amount. 2500+3334=5834- 10000=4166 TRY is given to mother.
3- AN-NISA SURAH VERSE 176 MENTIONS AN INHERITANCE DISTRIBUTION WHERE THERE IS NO SPOUSES AND CHILDREN AND FATHER
a)—If the passed person doesn’t have children, father or spouse, and there is only a sister, ¼ is given to the sister and ½ is given to the mother.
Question:- if there are no children and father of the dead spouses but there is 1 sister, how much will be given to the sister and to mother?
To sister 10000/1/2=5000 T.
To mother 10000/1/2= 50000TRY.
b)- If the dead person doesn’t have any sister, there is only mother, the whole inheritance belongs to the mother.
If the dead person doesn’t have a sister and have only a mother, the mother takes all of the inheritance.
To mother 10000/1/1= 10000 TRY.
If the dead person doesn’t have a mother and have only a brother, the brother takes all of the inheritance. 10000/1/1=10000 TRY.
c c)- If the passed person has two sisters, 2/3 of the inheritance after deducting will and debts belongs to the sisters, remaining 1/3 belongs to the mother.
If there are two sisters, they have 2/3 of the inheritance.
10000/2/3=6666 TRY. When total of two sisters divided to two, each sister is entitled to 3333 TRY.
The mother takes 1/3 of the inheritance.
10000/1/3= 3333 TRY is given to the mother.
d)- If there are more than two siblings, the brother takes twice the amount of the sister in a ratio of 2/3. Remaining 1/3 belongs to the mother. Again, this are given after deducting will and debts.
Question 2- If there is three brothers and a mother, how much will they take?
10000/2/3= 6666 share to siblings, when there are brothers and sisters, the amount distributed to them is divided to eight. Because every brother takes double the share of the sisters.
Share to a daughter 833 TRY.
Share distributed to each brother is 1666 TRY, double of the sisters.
The remaining amount belongs to the mother. 10000- 6666=3334 TRY.
CONCLUSION :
1- The rightful inheritors of the dead are children, spouses, mother, father and siblings.
2- If there is spouse and children, inheritance is distributed between the wife and the children,
3- If the passed spouse has no father and children, and if he/she only have a mother, the siblings also can take inheritance.
4- If there is father and mother, no children or spouses only mother and father have a right on the inheritance.
5- If the husband dies and there is no child, the woman has the right to inherit ¼ of the inheritance. If they have children, they can receive 1/8 of the inheritance. The remaining
amount is distributed between mother and father if there are no children and if any, to children in a ratio that the male children receive twice the amount of the female children.
6- If there is only one mother who has the right to inheritance within these specified inheritors, the mother will have all the inheritance. If there is only one sister or brother, one brother or sister will have all the inheritance.
7- When there is no father or spouse and children, only the siblings have a share.
8- When there are no spouses, fathers and children, brothers have twice the share of the sisters.
9- If one of the spouses is alive, the siblings and brothers have 1/6 share of the inheritance provided that the remaining spouse have no children and father.
10- The inheritance must be divided after deducting the will and debts.
