Inheritance is an important part of Islamic law, ensuring that wealth is distributed fairly among family members after a person’s death. Islamic law gives women clear rights to inherit property, but many women are unaware of these rights or face difficulties in claiming them. This guide explains women’s inheritance rights in simple terms so that every woman can understand and protect her lawful share.
What Does Islam Say About Women’s Inheritance?
Islamic law, as outlined in the Quran and Hadith, grants women a fixed share of inheritance. The distribution depends on the relation of the woman to the deceased. Unlike some cultural practices that deny women their rightful share, Islam ensures that daughters, wives, mothers, and sisters receive a fair portion of the property.
How is Inheritance Divided for Women?
Islamic inheritance laws define specific shares for women based on their relationship with the deceased. Below are some of the key inheritance rights:
1. Daughter’s Right to Inheritance
- If the deceased has only daughters, they will receive two-thirds of the inheritance.
- If there are both sons and daughters, the sons will get twice the share of the daughters.
- Example: If a father leaves behind Rs. 300,000 and has one son and one daughter, the son will get Rs. 200,000, and the daughter will get Rs. 100,000.
2. Wife’s Right to Inheritance
- A wife’s share depends on whether the husband had children or not:
- If the husband has children, the wife gets one-eighth of the inheritance.
- If the husband has no children, the wife gets one-fourth.
3. Mother’s Right to Inheritance
- If the deceased has children, the mother will receive one-sixth of the inheritance.
- If the deceased has no children, the mother will receive one-third.
4. Sister’s Right to Inheritance
- If a person dies leaving behind only sisters (no brothers, sons, or daughters), the sisters inherit two-thirds of the estate.
- If there are both brothers and sisters, the brother gets twice the share of the sister.
Challenges Women Face in Claiming Inheritance
Even though Islamic law protects women’s inheritance rights, many women face difficulties in claiming their share due to cultural and societal pressures. Common issues include:
- Denial of inheritance by male family members.
- Forced waivers, where women are pressured to give up their share.
- Lack of awareness about legal rights.
- Fraudulent property transfers to exclude women from inheritance.
How Women Can Claim Their Legal Share
If a woman is denied her rightful inheritance, she can take the following legal steps:
1. Gather Necessary Documents
- Death certificate of the deceased.
- Property ownership records.
- Family registration documents (NADRA records in Pakistan).
2. File a Legal Heirship Certificate
- This certificate is required to confirm the rightful heirs of the deceased.
- It can be obtained from the local civil court.
3. Consult a Lawyer
- A property lawyer can help file a legal case to claim inheritance rights.
- If the property has been illegally transferred, the court can cancel fraudulent transfers.
4. File a Case in Court
- If family members refuse to give a woman her share, she can file a case in the civil court.
- The court will decide based on Islamic inheritance laws and ensure justice.
Conclusion
Islamic law guarantees women their rightful share in inheritance, but many women face challenges in claiming it. It is important to understand these rights and take legal steps when necessary. If you or someone you know is being denied their inheritance, consult ASR Law Associates for expert legal assistance. We are here to help you fight for your rightful share and ensure justice is served.