Introduction: The Purpose of Islamic Law

Islamic law (Shari‘ah) is not a rigid, unchanging system but a dynamic framework meant to uphold justice (‘adl), mercy (rahma), and the common good (maslaha). The Qur’an’s inheritance laws, revealed over 1,400 years ago, were revolutionary in their context, granting women inheritance rights when they previously had none. However, these laws were formulated within a socio-economic system in which men bore primary financial responsibility for women. In contemporary societies, particularly in places like the United States, where women are financially independent and legal systems emphasize equality, a strict adherence to classical inheritance laws can lead to outcomes that contradict Islam’s core principles of justice and fairness. Therefore, re-evaluating these laws is not a rejection of Islam but rather an affirmation of its commitment to equity.

The Contextual Basis of Classical Islamic Inheritance

Islamic inheritance laws are primarily based on Quranic verses (e.g., Surah An-Nisa’, 4:11-12) and prophetic traditions. These laws assign men a greater share of inheritance based on the assumption that they are financially responsible for their female relatives. For example:

– A wife inherits one-eighth if her husband leaves children, and one-fourth if he does not.
– A son receives twice the share of a daughter.
– Male relatives such as brothers, uncles, and grandfathers are prioritized over female relatives in some cases.

The rationale behind this system was clear in the 7th-century Arabian Peninsula: men were the sole providers, responsible for the financial upkeep of women and extended family members. However, this assumption no longer holds universally true. Today, women work, earn, and provide for themselves and their families, while men are not always the sole breadwinners. Therefore, maintaining an inheritance system based on outdated financial assumptions results in injustice rather than fairness.

The Ethical Imperative for Reform

Islamic law is rooted in ethical principles, including justice, equity, and the protection of rights. If a legal ruling, when applied in a given context, leads to systemic injustice, scholars of usul al-fiqh (Islamic jurisprudence) emphasize that the ruling must be re-evaluated. Consider the following principles:

1. The Principle of Justice (‘Adl)

The Qur’an commands believers to uphold justice at all costs (4:135). If an application of inheritance laws today results in financial oppression of women, it contradicts this fundamental Islamic value.

2. The Principle of the Objectives of Shari‘ah (Maqasid ash-Shari‘ah)

Classical scholars, including Al-Ghazali and Ibn Ashur, emphasized that Islamic law aims to preserve religion, life, intellect, lineage, and wealth. If rigidly applying traditional inheritance rules today undermines women’s financial security, it fails to fulfill this purpose.

3. The Principle of Removing Harm (Dar’ al-Mafasid)

The Prophet Muhammad (peace be upon him) said, “There should be neither harming nor reciprocating harm” (Ibn Majah, 2340). If women are financially independent and yet are given only a
fraction of what men receive in inheritance, this may constitute harm rather than benefit.

4. The Principle of Changing Circumstances (Taghayyur al-Ahkam bi-Taghayyur alAzman wal-Ahwal)

Scholars such as Ibn Qayyim al-Jawziyya argued that legal rulings could change based on time and circumstances. Since women are now financially self-sufficient, the justification for a son receiving double the inheritance of a daughter is no longer valid.

Why Rigid Adherence to Classical Inheritance Laws is Unjust Today

The application of classical inheritance laws in contemporary societies like the U.S. creates multiple ethical and practical conflicts:

1. Women’s Financial Contributions Are Not Acknowledged

Many women today contribute equally to household expenses. Awarding them a smaller share of inheritance assumes they are financially dependent, which is no longer always the case.

2. Disadvantaging Women Who Sacrificed Their Careers for Family

A homemaker wife who spent decades raising children may receive only one-eighth of her husband’s estate, while male relatives inherit significantly more, even if they were not financially involved in the household.

3. Contradiction with the Principle of Equity

Islamic law distinguishes between equality (musawah) and equity (insaf). True justice requires equity, meaning wealth should be distributed in a way that reflects financial need and contributions rather than rigid formulas from 7th-century Arabia.

4. Lack of Financial Guardianship from Male Relatives

Classical inheritance laws assumed that male relatives who inherited more would financially support female relatives. Today, this rarely happens.

A More Ethical and Islamically Justifiable Approach

A more just and Islamically sound approach would be one that upholds the spirit of Islamic law rather than rigidly applying medieval rulings. Any inheritance framework in a modern society should prioritize:

1. Fairness Based on Contribution and Need

Instead of defaulting to male-biased inheritance, an estate should be divided in a way that ensures all heirs are fairly compensated for their financial role in the family.

2. Recognition of Women’s Sacrifices

A homemaker wife, who has spent her life caring for her husband and children, should be given a larger share of inheritance rather than just one-eighth.

3. Voluntary Adjustments Through Will-Making (Wasiyyah)

The Qur’an allows for personal bequests (wasiyyah) up to one-third of an estate (4:11). This can be used to balance gender disparities.

4. Alignment with the Legal and Social Context

Since Islamic law encourages Muslims to follow the laws of the land unless they contradict faith, adopting inheritance laws that reflect contemporary economic realities is not only permissible
but may be obligatory in preserving justice.

Conclusion:

Upholding Islam’s True Spirit of Justice Islamic inheritance laws were a revolutionary advancement in their time, protecting women’s financial rights in a patriarchal society. However, their literal application today, in vastly different economic and social circumstances, results in injustice rather than justice—the very opposite of Islam’s intent. Given the principles of Islamic jurisprudence, especially justice (‘adl), contextual adaptation (taghayyur alahkam), and the removal of harm (dar’ al-mafasid), Muslims must embrace a more just and ethically sound approach to inheritance.