POSITION PAPER

In

SHARIAH LAW 2

MUSLIMS’ INHERITANCE LAW IN MINDANAO – PHILIPPINES

“Male share is twice as female share: [An-Nisa 4:11]”

BAI MONADIN S. SINSUAT

 The Holy Qur’an states "AIlâh has purchased from the believers their persons and their
wealth in lieu of Jannah." Man is a trustee of the wealth that he owns for the duration of his life.
When his term of life expires, his trusteeship over his wealth and property expires. It has then to
be redistributed in accordance with the directive of The Absolute Owner - Allah (s.w.t.).
Directives regarding the distribution of wealth after the demise of the provisional owner are
explicitly detailed in the Holy Qur'ân.

Islamic law of inheritance follows a very broad-based distribution pattern. It is called

‘Ilmil-farâyied, or Ilmil-mirâth’ – (‫رائض علم‬%%%‫ ;الف‬in Arabic, "the science of obligations of
inheritance ").

The Islamic Rulings on Muslims’ Inheritance law in Mindanao - Philippines are

commandments of Allah (S.W.T.). There are three main verses in the Quran giving specific
details of inheritance shares (4:11-12, 4:176). Some of the Islamic rulings are taken from
Prophetic Traditions, Qiyas, Ijma and Ijtihad like that of Special Cases.

The verses in the Holy Quran on which the law of inheritance is founded begin at the
11th verse of Chapter 4 of the Holy Quran. They are rendered as follows:

“With regard to your children, God commands you to give the male the portion of two
females………….” This is the law of God. Verily God is Knowing and Wise.”

In this verse, the ordinance of the first class of inheritors (children, fathers, and mothers)
has been mentioned. At first, it says: "Allah enjoins you concerning your children: The male shall
have the equal of the portion of two females...." This meaning is an emphasis on the portion of
daughters taking from the inheritance and challenging with the traditions of the people in the
Age of Ignorance who deprived women totally.

Why is the inheritance of man equal of the portion of two women? With reference to the
Islamic literature, we realize that this question has actively existed in the minds of people since
the beginning of Islam. They sometimes asked questions from the leaders of Islam on this
regard. For example, it is narrated that Imam Ali-ibn-Musa-ar-Rida, in answer to this question,
said: "The fact that the portion of women from inheritance is equal to the half of the portion of
men is since when a lady marries, she takes something (dowry), and man should give
something. In addition to that, the life expenses of the wife are upon the man while a woman
has no responsibility for the expenses of man as well as that of herself."

It is a specific case when a parent dies, and his property gets distributed among the
sons and daughters; here, a son would get twice that of a daughter. But what happens when a
son dies leaving property behind? If he leaves his parents alive and his children, which were
most common in those days due to ongoing, never-ending tribal warfare?

In this case, mother, and father both gets one-sixth each; the son gets twice of the
daughter. Because Islam does not encourage women to work and does not order them to pay
for their families. Islam is a sexist religion. Gender roles are so strict.
 Men pay. Women obey. As a result, men receive more inheritance than women,
because they are responsible about bringing food and clothes to their family, especially their
wives and daughter (until marriage). We might think this is a privilege, but it comes with a cost
that not all women want to pay, like having to obey their husbands in every matter unless it is
not believed in Allah. Also, husbands die, divorce, cheat, lose jobs, and then the wife must fund
her family, but there are no exceptions for such cases.

In addition, in most Islamic societies, the woman participates in supporting the family
financially, because: one. They want financial independency (The husband can easily refuse to
buy that lovely dress); 2. They want to raise their living standards; 3. They must. But still, they
get less inheritance. Many misogynist Muslims (NOT ALL) respond by saying the woman should
accept whatever her husband provide or not complain, my father says that to my mother.

In Islam, women are entitled the right of inheritance. In general circumstances, though
not all, Islam allots women half the share of inheritance available to men who have the same
degree of relation to the decedent. For example, where the decedent has both male and female
children, a son's share is double that of a daughter. Additionally, the sister of a childless man
inherits half of his property upon his death, while a brother of a childless woman inherits all her
property. However, this principle is not universally applicable, and there are other circumstances
where women might receive equal shares to men. For example, the share of the mother and
father of a childless decedent. Also, the share of a uterine brother is equal to the share of a
uterine sister, as do the shares of their descendants.

Muslim women can inherit property as an agnate or as a Qur’anic heir. Women can
inherit in several capacities, however the wives, daughters and the mothers have been provided
with an unmeasured right of succession. This means that their right cannot be excluded by any
relative.

By giving women inheritance rights, Islam was able to save these women from these
horrid situations. Islam believed in egalitarianism and hence, bestowed women with several
rights which they earlier did not enjoy. However, there are many cases wherein a woman
inherits less than a man. This is not seen as discrimination but as a rubric which has been set
by Allah himself. The main reason for the double share for the man was because in Islam, a
man only had two sources of Income whereas a woman had several sources of income and was
also exempted from all the responsibilities

A female child was to be given maintenance by her father till her marriage whereas a
male child only received till the age of fifteen or it depends on the father. All her expense
including the costs of her marriage were to be borne by the father. After her marriage, the wife
received maintenance from her husband and was bound to giver all those things which would
support her life. This included items such as food, clothing, shelter, medicine and even servants
if she had a particular social position in society. A man was required to spend according to his
means and a wife could not be deprived of her right to receive it.
 As mentioned earlier a man only had two sources of income and this too is attached with
various responsibilities. He is responsible for maintaining his unmarried sisters and bare all the
expenses of their marriages in the absence of his father. He is required to pay the dower of his
wife and maintaining his children. He must shoulder the responsibilities of taking care of his
parents when they are old and ensure that they are cared for properly. He must also participate
in various social functions which go on to incur a massive expenditure. Islam completely
exempts women from bearing such responsibilities and duties and imposes all of them upon the
men.

The rights of women are among the most talked about and debated issues everywhere.
Religion and patriarchy are often considered to be the most common causes of gender
inequality in our society. The right to own property is a crucial requirement for the integration of
a woman into a country’s economy. It also empowers the women and allows them to break
away from any limitations imposed upon them and get income and economic security. Islam is
based upon the principles of Tawhid, Risalah or the message of Muhammad, Adl, or justice and
Muswat or equality. However, it has been noted across various Muslim societies, that women
have been not allowed to inherit property after the death of their parents. This mostly happens
because of a lack of proper Islamic teachings and the non-implementation of the laws related to
the inheritance rights of a Muslim women. Islam has always given women a very dignified and
respected position in society. Both the genders are equal in relation to the laws of inheritance
and no special treatment is given to either of the genders. In Islam, succession is based upon
the principle of a double share to a man and a single share to the woman. However, while these
laws place certain restrictions upon a woman’s right to inherit, it imposes equality in a woman’s
capacity to own, run and dispose of property. Muslim women enjoyed various kinds of property
rights, centuries before the women who were born into countries which are the gold standard of
equality today. Furthermore, Muslim women enjoy various other rights which are not given to
the men of their community.

Thus, it is a misconception when some think that in Islamic inheritance like in the
Shariah law wherein, they favor men over women. Women are not oppressed. In Islam, a man
is supposed to be looking after the women whom he is the guardian of the closest male relative
who is supposed to be providing the basics for the females whom he is the closest to in terms of
the Shariah, it’s either a husband or an adult son or a father or a brother if those are non-
existent, meaning, stage by stage depending if one is not there then it goes to other if one has
run away from his duty and goes to the other but it does not mean you leave her on the street
so on. So, a woman in fact does not really need money for anything that is necessity. If she has
money, it is a token for her own and it would term luxury which means it is just hers and does
not actually have to look after someone with their wealth. She has no duties, but a man has
duties, obligations for whatever obligations upon those whom he is the guardian of his children,
wife, mother, son and so on and if the father is not around.

The bottom-line is that the man gives more of the inheritance to another woman in
marriage as a bridal gift (who was previously “disadvantaged” in the inheritance) and must fulfill
provision and maintenance obligations from the remainder. The wife, on the other hand, does
not have to fulfill any provision and maintenance obligations. We thus find that the woman does
not have to bear any financial obligations under the Islamic social and family system, except for
the payment of the obligatory contribution to defined needy persons, which constitutes the third
pillar of Islam. Rather, she benefits from the responsibilities imposed on men. Women usually
devote themselves to more important things and concerns and—unfortunately—often without
any recognition at all.

Muslims’ Inheritance law in Mindanao - Philippines is patterned from the fundamental

Sources of Islamic Law (Shari’a). Inheritance as an integral part of Islamic Shari’a Law and its
application in Islamic Society is a mandatory aspect of Divine teaching of Islam. As a Muslim,
our obligation is to understand this issue to be able to implement it correctly. It is also an
obligation on us to take the necessary steps to prevent misappropriating our estate after we die.
As a Muslim we have no choice but to ensure that our possessions in this world are distributed
in accordance with the rules outlined in the Shari’a. Our possessions have been given to us in
trust by the almighty and we are ordered by the almighty to distribute our assets in accordance
with the Qur-an. This law has a clear policy and is comprehensive in nature because it is a
commandment from Allah (s.w.t.) Who knows all things.