Opinion

Girls' Inheritance rights in Islam : A grave Negligence

Dr Sheikh Jamsheed

In the contemporary times, social Conscience has become an absolute profligate aspect, which has precisely invited a series of social evils and disparities between the individuals. These Social evils are exasperatingly affecting the entire social system from snatching the rights of the Women and to giving birth to the new social issues as a whole. In the contemporary times, Women's rights are being taken away which for sure is a blatant unjust. Islam promotes equality, justice and individual rights. In Islamic teachings, Inheritance does not encompass a mere distribution of wealth and assets but more than that , it promotes equality and wellbeing between the individuals. The Prophet Muhammad (May Peace and Mercy be Upon Him), says "Daughters are the Blessings for the believers". "Whoever has been blessed with three daughters, and he gives them shelter, clothes them, and treats them with Kindness, they will be a shield for him from the Hellfire. (Sunan Ibn Majah). In another Hadith , Prophet Muhammad says "The best of you are those who are best to the Women" (Tirmidhi).


"Islamic Jurisprudence on Girl's Inheritance".

The Universal Guidance "The Holy Qur'an" clearly mentions and speaks about the equal rights for both Men and Women. The Holy Quran "3:195", mentions "Both men and women are equal in the eyes of Allah when it comes to their efforts in good deeds and faith. Both are rewarded for their righteousness and actions". In Surah An-Nisa (4:7), Allah Almighty mentions, "For Men is a share of what the parents and near relatives leave, and for Women is a share of what the Parents and near-relatives leave, be it meager or large - an obligatory Shares". In this verse, Allah Almighty highlights the importance of giving inheritance rights to Women". Hazrate Aisha (RA) narrated that the Messenger of Allah (PBUH) said: "No one has the right to anger or violate your inheritance rights." (Sahih-Muslim). In another Hadith , it is reported, Hazrate Zaid bin Thabit (RA) narrated that the Messenger of Allah (PBUH) said: "No form of injustice is allowed in your inheritance." (Sunah Tirmidhi). Reported Abu Huraira (RA):-The Prophet (PBUH) said, "Whoever deliberately takes the right of a Muslim, whether it is his wealth or assets, his inheritance, or any other right, he will be held accountable before Allah on the Day of Judgment, and Allah will judge him justly." (Sahih Bukhari, Hadith No. 2405). Reported by Abdullah bin Abbas (RA): The Prophet (PBUH) said, "Whoever takes a woman's inheritance right, Allah will punish him on the Day of Judgment. "(Sahih Muslim, Hadith No. 1612). In the Holy Qur'an Allah Almighty Says" "And do not consume your wealth among yourselves unjustly or deny the rightful ownership of others, and do not bribe others to destitute someone of their rightful belongings, deliberately.Click Here To Follow Our WhatsApp Channel"
(Al-Baqarah 2:188).

The Grave Negligence of Girl's Inheritance.

Despite the Clear directions from the Holy Quran and Hadith, many Muslim societies and communities refuse to give inheritance rights to their daughters, which is a blatant mislead of the interpretations of the Islamic jurisprudence. Daughters/Sisters often face difficulties in receiving their rightful inheritance. It is very common nowadays that the Daughters and Sisters are being denied their rightful inheritance. As stated earlier, Allah Almighty will surely ask on the "Day of Resurrection", about the rights of the daughters and sisters, for indeed Allah is All-knowing and All-Wise. Several Ways of Overcoming/Combating this common practice:-

Combating inheritance issues for girls involves addressing legal, cultural, and social barriers .

Some of them are listed below;

1) Ensure Equal Rights:- Parents must make sure that they distribute their assets equally and make no discrimination at all. For it is their right and no one can seize it.

2) Enforcement of Inheritance Laws:- Strengthen the enforcement of laws that protect girls' inheritance rights. Even after having laws, they are of no use if they ain't effective. So enacting and enforcing the laws simultaneously will deliver a perfect message for those who take profligacy in giving inheritance rights to the sisters.

3) Education about Inheritance Rights:- Dissemination of awareness regarding girls inheritance to Sister's and daughters will make an incredible and a phenomenal change.

4) Challenge Gender Norms:- In many societies, conservative approaches are being taken, prioritising men over women for inheritance. Only education and awareness can have a significant impact over this, Girls should be aware of their rightful inheritance and they should have the potential to grab it.

It is important that the aforementioned steps are being utilised in the right direction so that the daughters/ sister's receive their rights. Islamic teachings promote justice and equality between men and women. It is of paramount importance that these steps are followed in order to bring a positive change. Families should be made aware through law enforcement agencies, that denial of the inheritance rights to the sisters/daughters will meet a severe punishment. Moreover, this is a major sin if someone deliberately consumes the rights of the other person. May Allah Almighty grant us the wisdom to contemplate the noble teachings of Islam in order to make societies prosperous and stable.

The writer can be reached at: sheikhjamsheed751@gmail.com 

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