Surah Al-Nisâ’ 4:11

لِلذَّكَرِ مِثْلُ حَظِّ الْأُنثَيَيْنِ ۚ فَإِن كُنَّ نِسَاءً فَوْقَ اثْنَتَيْنِ فَلَهُنَّ ثُلُثَا مَا تَرَكَ ۖ وَإِن كَانَتْ وَاحِدَةً فَلَهَا النِّصْفُ ۚ وَلِأَبَوَيْهِ لِكُلِّ وَاحِدٍ مِّنْهُمَا السُّدُسُ مِمَّا تَرَكَ إِن كَانَ لَهُ وَلَدٌ ۚ فَإِن لَّمْ يَكُن لَّهُ وَلَدٌ وَوَرِثَهُ أَبَوَاهُ فَلِأُمِّهِ الثُّلُثُ ۚ فَإِن كَانَ لَهُ إِخْوَةٌ فَلِأُمِّهِ السُّدُسُ ۚ مِن بَعْدِ وَصِيَّةٍ يُوصِي بِهَا أَوْ دَيْنٍ ۗ آبَاؤُكُمْ وَأَبْنَاؤُكُمْ لَا تَدْرُونَ أَيُّهُمْ أَقْرَبُ لَكُمْ نَفْعًا ۚ فَرِيضَةً مِّنَ اللَّهِ ۗ إِنَّ اللَّهَ كَانَ عَلِيمًا حَكِيمًا

4:11 The principles of the Islamic law of inheritance for children, spouses, and near relatives are laid down in this verse. The precise details have been worked out based on the Holy Prophets (pbuh) practice and that of his Companions, and by interpretation and analogy. Muslim jurists have collected a vast amount of learning on this subject. Islam prescribes suitable shares for all near relatives in the property of a deceased person. The law of inheritance aims at a fair distribution of wealth and suitable chances of progress for all. To give the property of a deceased to the first-born son only, to exclude the females, or to disinherit elderly parents, has proved a veritable curse for society, morally, socially, and economically.

The categories of sharers among whom an inheritance is to be divided are twelve in number: four males and eight females. The categories for males are father, paternal grandfather, husband, and brother of a person having no children. The categories for females are daughter, son’s daughter, mother, wife, sister, sister of a person having neither parents nor children, paternal grandmother and maternal grandmother. It is sometimes appropriate that the male takes a share double that of a female in his own category, because he has been made responsible for the maintenance of the family (Rûh al-Ma‘ânî).

The share of daughters, in case there are two, is not expressly stated, and at first sight the Arabic words in the text fauq al-Athnatain فَوْقَ اثْنَتَيْنِ appear to mean “if they are more than two daughters.” However, the use of the conjunction and the alternative in the next clause, “but if they be all females more than two,” logically and clearly points to the fact that the first clause must mean, “if they be all females (two or) more than two. “Moreover, the share of two daughters can be calculated from what has already been said in the beginning of the verse about the ratio between the shares of the males and the females. According to that ratio, a son receives as much as two daughters. Thus, if there is one son and one daughter, the son will have two-thirds. However, as the share of one son has been made equal to that of “two daughters, “the latter, in case there is no son, will have two-thirds, the same share as has been expressly fixed for three daughters. Thus the very construction of the verse shows that if there are two daughters and no son, then the two daughters, as in the case of three daughters, will get two-thirds; and the share of two-thirds to which “more than two” daughters are entitled remains the same even when the daughters are only two.

A single daughter is entitled to one-half, as is made clear in verse 177 of this chapter, where two sisters are mentioned but they include more than two. A saying of the Holy Prophet (pbuh) himself corroborates the above. It is related that when a Companion of the Holy Prophet (pbuh) named Sa‘d bin Rabia died in the Battle of Uhad leaving two daughters and one widow, the widow of Sa‘d went to the Holy Prophet (pbuh) and explained the situation. Then this verse was revealed and the Holy Prophet (pbuh) called upon Sa‘d’s brother to give two-thirds of Sa‘d’s property to his two daughters, one-eighth to the widow and keep the rest for himself (Tirmidhî).

The power of free testamentary disposition extends over only one-third of the property, while the rest is distributed according to the rules discussed. Additional shares cannot be left to any of the heirs included in the scheme of distribution, as it will amount to upsetting the shares and undue preference of one heir over another. All distribution takes place after all debts including funeral expenses have been paid. It was in compliance with this Qur’ânic injunction that the Holy Prophet (pbuh) systematically ensured the payment of debts before bequests. So strict was the Holy Prophet (pbuh) in these matters that he refused to perform the funeral service of a person whose debts were likely to remain unpaid if the inheritances were distributed.