Introduction: The Long-Lost Foundation of Justice

Muslim communities around the world often express their love for Allah and His Greatness through prayer, fasting, and giving; they invest in elaborate mosques and are willing to spend huge sums on public displays of their connection to their faith. But many do not know that there is a hidden problem occurring within their family units today: there are people within their families that are being denied the right to inherit property due to being female.

Islamic inheritance law is considered a spiritual test, not just a legal issue; it is one of very few issues in Shari'ah where Allah declares the precise shares in the Qur'an. When a person dies, their property does not belong to them or their eldest son; it belongs to the heirs whom Allah has designated. Denying a woman her inheritance is therefore not just "favouritism" within a family but is also a transgression against a Divine mandate.

A Historical Perspective: The Role Of Islam In Women's Liberation

The Historical Shift: How Islam Liberated Women

To comprehend how Islam liberates women we must first consider what life was like before Islam. In the time of Jahiliyyah (pre-Islamic Arabia) women and children were denied their right to inherit property because they were not able to ride horses and fight in wars. Consequently, not only did they not receive the right to inherit but also treated as “property” to be passed down from one man to the next.

The revolution of women's rights was fulfilled through Islam almost 1,400 years ago with the giving of rights such as ownership of property, earning and inheritance; this was a revolutionary step in history that created financial independence and dignity for women. When we deny our sisters or daughters their portion today, we are seeking to take them back to that era of ignorance.

The Scriptural Basis: Surah An-Nisa

The basic rules regarding the inheritance are found in Surah An-Nisa (Women). Allah says that males will receive a portion of the estate of their parents and other close relations, and females will receive a portion of the estate of their parents and other close relations, regardless of whether it is large or small; they are both required to have a share.

The term "obligatory" (nasebam mafrodah) means that something is required and not available to choose otherwise. A father cannot choose or decide to will all his estate to his sons, simply because he likes them more than his other sons. A brother cannot conclude that the family home should be his solely because he is the protector of the family. The Creator has already established the respective shares of these respective estates

Addressing the Common Myth: "But We Spent So Much on Her Wedding!"

The "wedding expense" rationale is among the most widely used justifications to deny a woman her rightful share of an estate following her family's death. Often, families argue that because of all the money they've given towards a bride's dowry (and thus what would be considered her "share"), she has already “received” her inheritance, as well as what would be considered her dowry, to some degree.

The statement above is not true. Under Islamic law, there are two different ways to define wedding expenses: either as a gift from the father of the bride or as a social responsibility by the father based on his financial ability. On the other hand, inheritance is something that will occur after an individual's death. Because of this, you cannot take away from a future inheritance that has not yet been realized by taking away from the cost of a wedding dress. Therefore, the daughter's right to her father's realty, money, or business will not be affected by what was spent on her wedding.