An analysis of the rationale behind the distribution of shares in terms of the Islamic law of intestate succession

Abstract

There are 35 verses in Al Quraan that refer to succession. A daughter always inherits half the share of a son in terms of the Islamic law of intestate succession. (See Khan The Noble Qur’an – English Translation of the Meanings and Commentary 1404H (4) 11 where it states that “Allah commands you as regards your children’s (inheritance); to the male, a portion equal to that of two females…”). The reason why females (at times) inherit less favourably than males in terms of the Islamic law of intestate succession is not clearly stated in the primary sources of Islamic law. This note analyses the question as to whether the discrimination against females is consistent throughout the Islamic law of intestate succession. It also analyses the possible rationale behind the unequal distribution. The note concludes with an overall analysis and concluding remarks.