Why do males inherit twice as much as females?
الميراث
About inheritance, the Qur'an states:
لِلذَّكَرِ مِثْلُ حَظِّ ٱلْأُنثَيَيْنِ
"A son should receive the equivalent share of two daughters." [4:11].
These shares are divided based on 'responsibility', not based on gender.
For example:
1- DOWRY (مهر)
Imam Ibn al-Mundhir said:
وأجمعوا: أنَّ للمرأة أن تَمْنَع من دخول الزَّوج عليها حتى يُعطِيَها مهرها
"All scholars are in agreement that a wife can prevent her husband from cohabitating with her until he pays her dowry."
["Al-Ijmaa", 74].
Imagine this scenario:
A man has 1 son and 1 daughter.
The man dies, the inheritance is split, and $15,000 is left to be split between his children.
The son gets: $10,000 & The daughter gets: $5,000.
Soon, the son marries, and gives: $5,000 dowry...
Then the daughter marries, and gets: $5,000 dowry...
The son is now left with: $5,000.
The daughter now has: $10,000.
Who is better off?
2- SUSTENANCE (النفقة)
Imam Ibn Rushd said:
واتفقوا على أن من حقوق الزوجة على الزوج: النفقة
"All scholars are in agreement that the wife has the right of sustenance on her husband."
["Bidayat al-Mujtahid", 2/44].
Imagine this scenario:
A man has 1 son and 1 daughter.
The man dies, the inheritance is split, and $15,000 is left to be split between his children.
The son gets: $10,000 & The daughter gets: $5,000.
Soon, the son marries, and spends: $10,000 on the wedding, house, clothing, food, medical expenses, gifts, feeding guests etc... If he has other female relatives who nobody can take care of, he also has to financially support them too.
Then the daughter marries, and gets: $5,000 dowry... and gets all of the above provided by her husband.
The son is now left with: $0.
The daughter has: $5,000 + $10,000 worth of expenses.
Who is better off?
CONCLUSION:
There are many instances where females receive more than men, but in principle: the reason why men inherit more is because they have to spend more.
Females are financially fully secure:
When a female is a child, it is her fathers responsibility to take care of all her expenses. When she has no father, it is her brothers responsibility. When she marries, it is her husbands responsibility. Even if a woman is rich and earns money - it is still the responsibility of her husband to financial take care of all her needs.
Even if a woman is a multi-millionaire, nobody can touch her money. It's all hers. She technically doesn't have to spend a penny of it on her family... it's all on the men. Females keep 100% of their wealth & inheritance, while males have to spend it.
It is better to get $10 while keeping 100% of it, than getting £1,000 while spending 100% of it.
Islam does NOT call for equality, but for justice... at times, equality can be injustice.
If the financial responsibilities [التكليفات المالية] were all on the men, and they inherited equal shares - it would have been unfair to the men.
وَلَا يَظْلِمُ رَبُّكَ أَحَدًۭا
“And your Lord wrongs no-one." [Qur'an 18:49]
Mohmand Afghan
No comments:
Post a Comment