عربي
Home


Resolutions of Iftaa' Board


Resolutions of Iftaa' Board

Date Added : 31-12-2018

Resolution No.(268) (22/2018) by the Board of Iftaa`, Research and Islamic Studies:

"Ruling on Giving Males and Females Equal Portions of Inheritance"

Date: (05/Rabi` Rabīʿ al-Thaani/1440 AH), corresponding to (13/12/2018).

 

 

All perfect praise be to Allah The Lord of the Worlds and may His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.

 

On its fourteenth session held on the above date, the Board reviewed the questionnaire about the permissibility of giving equal portions of inheritance to males and females on absolute basis. Some say that the verse" Allah chargeth you concerning (the provision for) your children: to the male the equivalent of the portion of two females…"{An-Nisa`, 11} isn`t a clear revelation, Quranic texts are amenable to Ijtihad (Independent reasoning or the thorough exertion of a jurist`s mental faculty in finding a solution to a legal question) and the Quran suits every time and place. Does the ruler have the authority to pass a law whereby males and females take equal shares of inheritance?

 

After deliberating, the Board arrived at the following:

 

Inheritance is clearly prescribed in the Noble Quran where Allah, The Almighty, Has Taken charge of dividing it rightfully and justly so that the people deal with each other justly. He, the Exalted, Hasn`t Left this matter to the will of a ruler nor the Ijtihad of a researcher. He, The Almighty, Said (What means): "It is an injunction from Allah. Lo! Allah is Knower, Wise." {An-Nisa`, 11}. Since an injunction is an obligation, then there is no room, here, for Ijtihad. This is not because this divine division contradicts justice; rather, it achieves justice. Therefore, upon the death of a father or a mother who has male and female children, the inheritance is divided on basis of the aforementioned verse: "to the male the equivalent of the portion of two females." This is a text of definitive authenticity and implication, so there is no room, here, for construing or distorting.

Scholars have pointed out that the financial burden shouldered by the inheritors is one of the key standards deemed considerable by the Lawgiver with regard to laws of inheritance. In light of the just Islamic system, the civil status regulations along with the familial code have imposed on the male, be he a husband, a son or a brother, huge financial burdens towards his dependents, and this aims to honor and protect women, in particular, against poverty and need. Another example on those burdens is that the man is obliged to give Mahr (Bridal gift) to the woman, even if she is rich; whereas, she doesn`t have to provide for him since she is financially independent. To face all these burdens, the portion of the male is equivalent to the portion of two females, as indicated in the above scenario. At the same time, in other scenarios, the portion of a female is higher than that of a male because there are two other standards correlating with the above standard (Financial burden), and they are degree of kinship and generation. None is allowed to interfere in this meticulous division and none can understand its details nor the wisdom behind it.

In conclusion, the Board confirms the definitiveness of the divine injunction (to the male the equivalent of the portion of two females) mentioned above and calls on all Muslims to pursue real reform and work on uplifting the Muslim Nation socially, economically, politically and scientifically. And Allah Knows Best.

 

 

Chairperson of Iftaa` Board,

Grand Mufti of Jordan,

Dr. Mohammad Al-Khalayleh

Sheikh Abdulkareem AlKhasawneh/ Member

Sheikh Sa`eid Al-Hijjawi/ Member 

Prof. Abdullah Al-Fawaaz/ Member

Dr. Muhammad Khair Al-Issa/ Member

Dr. Majid Al-Darawsheh/ Member

Prof. Adam Noah/ Member

Judge. Khaled Al-Worikat/ Member 

Dr. Ahmad Al-Hasanat/ Member

Dr. Mohammad Al-Zou`bi/ Member

Dr. Rashaad Al-Khilaani

Decision Number [ Previous | Next ]


Summarized Fatawaa

After our father had passed away, my brother and I stayed with our mother for twenty years and served her to the best of our effort. However, she asked our other brothers (3) to support her financially but they refused to pay her anything. As a result, she gave her share of the inheritance to me and my brother. What is the ruling of Sharia on this?

All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.
It is recommended to give one`s children, males and females, equally. However, your mother is allowed to give one of them more than the others because he/she is needy or more dutiful to her than the others. And Allah The Almighty Knows Best.  

A Christian woman wants to marry a Muslim man through an unregistered marriage contract and for a specific period because of certain circumstances. She is an adult and wants to know the correct procedure so as not to make any mistakes. What is the correct thing to do in this regard?

All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.
Every marriage should be conducted through court in order to preserve the rights of the spouses and avoid any accusations. In fact, a person shouldn`t be ashamed of what is lawful. Rather, he/she should overcome those circumstances and start in the correct way. And Allah The Almighty Knows Best.

I`m a married young man. I fell in love with a widow and proposed to her but her family refused because they feared that this would have an adverse impact on the future of her children. However, we entered into unregistered marriage and told my family and even my wife about it. I`m a god-fearing person and want to clear myself from any liability before Allah. What should I do?

All perfect praise be to Allah the Lord of The Worlds. May His blessings and peace be upon our Prophet Mohammad and upon all his family and companions.
It is imperative that you proclaim this marriage to preserve rights. Therefore, you must register it in an Islamic court. A second marriage isn`t forbidden, however, if the unregistered marriage had taken place without the consent of the woman`s guardian nor the presence of two honorable witnesses, then it is considered void and your relationship with this woman is forbidden. Therefore, you must conclude a new marriage contract with the approval of her guardian and the presence of two honorable witnesses. We advise you to fear Allah and adhere to the teachings of Sharia in this regard since sinful conduct is that which turns in your heart (making you feel uncomfortable) and you dislike that it would be disclosed to other people. And Allah the Almighty knows best.

My mother inherited a share from my late father`s and brother`s property; however, the inheritance, a piece of land, wasn`t divided amongst the eligible heirs because it was hard to sell. While alive, she used say that she wanted these shares to be distributed amongst the poor and needy. What is the ruling of Sharia on this?

All perfect praise be to Allah, the Lord of the worlds. I testify that there is none worthy of worship except Allah and that Muhammad, sallallahu ‘alayhi wa sallam, is His slave and Messenger.
This is a will, so we have to consider the estate she had left behind. If the piece of land, which she had willed, equals one third and less of her estate, then the will must be executed. But, if it is more than one third, then one third must be executed and the rest of the estate, if the heirs agreed, is to be executed  as part of her will as well. However, if the heirs haven`t approved of that, then what remains, excluding that one third, must be divided amongst them according to the Islamic rules of inheritance. Moreover, we recommend that you pay a visit to the Iftaa` Department to make things clearer for you. And Allah the Almighty knows best.

See More