Are Muslim women discriminated against in the Islamic law of succession?

Author:

Mohamed Hoosain Sungay

Summary:

There is a common belief that women’s rights and Islamic Sharī`ah law (finding its basis in the Holy Qur’ān and the Prophetic teachings) are intrinsically at odds with one another. The 2:1 ratio of inheritance principle in favour of the male, enshrined in the Holy Qur’ān, is commonly used to justify this belief. This principle provides that a male is entitled to inherit double the share of his female counterpart. This article argues that the declaration of discrimination, based on this principle’s existence, is not accurate on a multitude of levels. In proving this, the article delves into the rationale behind this rule’s existence. The finding of this study demonstrates that the reason for the diminished share apportioned to womenfolk is due to the financial responsibility laying solely with the male folk in the Islamic family structure. This leaves Muslim women, be it daughters, wives, and sisters with little to no financial responsibility attributed to them. The article thereafter delves into the source for where these beliefs emanate from. The article demonstrates that they originate from factors outside of the religion, such as customs, patriarchy amongst many other things, and not the religion itself. The article concludes by advising that all Muslims should educate themselves to the workings of the Islamic law of succession and the rationales for the principles attached to them. This will not only ensure that all beneficiaries are compliant with their religious obligations, but further prevent misconceptions of the religion from growing.


Link to journal article