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

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...

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Published in: De Jure Vol. 53; no. 1; pp. 115 - 122
Main Author: Abduroaf, Muneer
Format: Journal Article
Language: English
Afrikaans
Published: University of Pretoria 06-01-2020
Pretoria University Law Press
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Summary: 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.
ISSN: 2225-7160
1466-3597
2225-7160
DOI: 10.17159/2225-7160/2020/v53a8