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Identify at least three principles of legal inheritance in islamic law and give your opinion about this distribution system between hairs. Do you find it fair ? Why?

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PRINCIPLES

Fixed Shares: Specific relatives, such as parents, children, and spouses, are entitled to fixed shares of the deceased's estate. For example, if the deceased has children, the parents receive one-sixth each, and the rest is distributed among the children with males receiving twice the share of females.

Priority to Immediate Family: Immediate family members, including parents, spouses, and children, have priority in inheritance. This ensures that the closest relatives are financially supported.

Gender-based Distribution: Males generally receive a larger share than females, with the reasoning that males have greater financial responsibilities in an Islamic society.

PERSONAL OPINION

I appreciate the focus on providing financial security for immediate family members, but I believe the gender-based distribution might need adjustments to better align with contemporary views on gender equality

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Principles of legal inheritance in islamic law

1. Fixed Percentages for Specific Heirs:

The Quran specifies particular percentages or shares for close family members, this includes children, parents, and spouses. Sons usually get twice the percentage that daughters get, each parent receives a sixth if there are children, and the percentage of spouses varies depending if there are children.

2. Priority according to proximity :

Islamic inheritance law gives priority to close relatives (parents, children, spouses) rather than extended family.

3. Distribution Based on Circumstances:

The shares of certain heirs, such as parents and spouses, change depending on the family situation, for example if the deceased has left children

Personal opinion

Personally, I think it’s a fair system in the context it was created for.

If we try to adapt this system to today’s society it might not seem so fair. Today we value gender equity as a core principle, and the shares established for men and women may be restrictive. What I think is fair about this system is that you get more percentage depending on the proximity you have with the deceased.

Looking at this system from another perspective, I think it complies with its goal of supporting family, because men used to be the main support of the family with this system they could provide for their families.

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Principles of Legal Inheritance in Islamic Law

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Principles of Legal Inheritance in Islamic Law

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Principles of Legal Inheritance in Islamic Law

Equitable Distribution among Heirs: The Quran establishes specific quotas for different heirs, ensuring that each receives a fair share. For example, sons receive a larger portion than daughters, but both have the right to inherit.

Priority of Close Relatives: The closest relatives of the deceased, such as parents and children, have priority in the distribution of the inheritance. This ensures that the closest family members are taken care of first.

Prohibition of Disinheritance: The Islamic system prohibits disinheriting legal heirs without a valid reason, which protects the rights of all family members.

Opinion on the Distribution System

From a modern perspective, the Islamic inheritance system may appear unequal due to differences in the quotas allocated to men and women. However, this system also seeks to maintain economic and social stability within the family.

Justice of the System: The justice of this system depends on the cultural and social context. In societies where men are traditionally responsible for family support, the larger allocation for them may be seen as fair. However, in contemporary contexts where women also contribute financially, it might be considered necessary to revise these norms to better reflect current reality.

In conclusion, although the system is based on fair and equitable principles according to the historical and cultural context of Islam, it is important to consider adaptations that promote greater equality in the distribution of goods in the modern world.

Grecia Mejia

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Principles of legal inheritance in Islamic Law

1. Established shares: One of the main believes of Islamic inheritance is the allocation of established shares to certain relatives, often referred to as "quota-heirs" or "sharers." For example, a son inherits twice the amount of a daughter. Parents are entitled to one-sixth of the estate if there are children, and if there are no children but only parents, the mother receives one-third.

2. Exclusion of non-blood relatives: Islamic law primarily recognizes blood relatives as heirs. This means that individuals who are not biologically related, such as adopted children, do not have inheritance rights. The law prioritizes immediate family members, like parents and children, over extended family.

3. Remaining heirs: After distributing fixed shares, any remaining assets go to "remaining heirs". These typically include male relatives who inherit what is left after the sharers have received their portions. This group can consist of brothers, uncles, and other male family members.

My opinion on the distribution system outlined in Islamic inheritance law presents both strengths and challenges, particularly regarding fairness:

- Gender disparity: The rule that a male inherits twice as much as a female has sparked considerable debate. Supporters argue that this reflects traditional roles where men are expected to be providers for their families. However, many critics view this as an outdated practice that does not align with modern views on gender equality, especially in societies where women also contribute significantly to family income.

- Equity among family members: The system emphasizes support for immediate family members, ensuring that close relatives are cared for after someone's passing. However, this can lead to situations where more distant relatives or those with strong emotional ties, such as adopted children, are left out of inheritance considerations.

- Cultural context: In many Muslim societies, these laws are deeply fixed in cultural practices and religious beliefs. While some individuals view this system as order from divinity and just, others advocate for reforms to better reflect contemporary social dynamics and values.

I do not think is fair because while Islamic inheritance laws provide a structured approach to distributing wealth among heirs based on familial relationships, they can be perceived as inequitable due to gender biases and exclusions regarding non-blood relatives. Ultimately, perceptions of fairness in this system vary widely based on individual beliefs and cultural contexts.

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1. Preference for closer relatives:

The inheritance rules have preference for the rights of close blood relatives, such as children, parents, and spouses, giving priority to the immediate family in receiving shares.

2. Mandated by Allah not by the legislative:

Islamic inheritance laws are viewed as divinely mandated, thus not being subject to reform.

3. Prescribed Shares: Islamic law prescribes fixed shares for family members based on their relationship to the deceased, with men typically receiving a larger share than women in comparable family roles. Sons, for instance, inherit twice as much as daughters, and husbands generally receive more than wives.

Opinion: First we need to pay attention to the context, this laws were mandated centuries ago in a totally different culture, what seems unfair for us may be totally fair for them, it is not even a matter of fairness because we need to remember in Islam law and religion are mixed. From a modern point of view I think some aspects are quite fair such as the preference for closer relatives, we even have that principle in our legislation in "sucesión legítima."

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1. The male heirs shall be entitled to receive a minimum of twice the share of a female heir, whereas each female heir shall receive only one share. However, if there are more than two female heirs and they are the only children of the deceased, they shall collectively receive at least 2/3 of the estate. In the event that there is only one female heir, she shall be entitled to receive 50% of the inheritance.
For each inheritor who has children, their share shall be 1/6 of the estate. In the absence of surviving children and in the event that the deceased's parents are designated as heirs, the mother shall inherit one-third of the estate. However, if the deceased had siblings, the mother’s share will be reduced to 1/6.

2. In the case of married couples, an additional rule applies. If the deceased was not survived by children, the husband is entitled to half of the deceased wife's estate. Otherwise, the husband's share is reduced to one-quarter.
If the husband predeceases the wife, she shall inherit 1/4 of his estate if they had no children. If children were born, the wife’s share is limited to 1/8.
In the event that the deceased leaves only one brother or sister, the sibling shall inherit 1/6 of the estate. In the case of multiple siblings, they shall collectively receive 1/3, divided equally among them.

3. Additionally, the Quran establishes a principle similar to that found in Mexican inheritance law, in which all debts must be paid before the estate is distributed. Heirs are not contractually liable to pay the debts of the deceased with their own personal goods.

In my opinion, this framework in regards to inheritance is unfair in some cases towards women, as they establish a lesser proportion of the deceased's state in comparison with men; and it does not establish a clear and logical reason why it must be this way. Even though it is considered the word of God, all religions have some logic behind them. In this sense, it is a clear restriction towards the liberty of people to freely establish how his or her state shall be inherit in favor of his loved ones. But it can't be said it is completely unfair, as it established the principle of paying the debts of the deceased with his own state, in order for the inheritors not to pay with their own money.

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1. Fixed Shares for Heirs – Islamic inheritance law assigns fixed shares to heirs, ensuring clarity and reducing disputes. Each heir’s portion is predetermined by the Qur'an, such as sons receiving double the share of daughters. This system guarantees a clear and equitable distribution, based on divine guidelines.

While it may seem unequal in modern terms, this distribution reflects the financial responsibilities of men in traditional societies. Given the historical context, it was designed to maintain social order and fairness within the family structure.

2. Priority of Descendants and Ascendants – Descendants and ascendants are given priority in inheritance. Children inherit primarily, with sons receiving more than daughters, while parents receive fixed shares when there are no children. This reflects the importance of both generational care and family continuity.
This prioritization ensures that the deceased’s children are cared for, and that parents are supported in their old age. In the traditional family model, this seems fair, as it maintains a balance between honoring parental sacrifice and securing the future of children.

3. Equitable Treatment of Spouses – Spouses are entitled to specific shares, with the surviving husband receiving half if there are no children, and the wife receiving a fourth or eighth depending on the presence of children. This system reflects traditional roles, where men bear greater financial responsibility, thus justifying the difference in shares.

In a traditional context, this allocation seems fair, as men are expected to support the family financially. However, in modern societies where financial roles are shared, this distinction may feel outdated and could benefit from an update in order to align it with contemporary ideas of gender equality.

In my opinion, the Islamic inheritance system, though rooted in traditional gender roles, offers a clear and structured approach to family support. While the division of shares may seem unequal in modern times, it reflects the historical responsibilities assigned to men and women. In a traditional context, this system ensures care for both descendants and ascendants. However, in today’s more gender-equal society, an update might be needed to better reflect shared financial responsibilities between spouses and ensure fairness for all heirs.

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I. Gender Inequality. As we can see from the Qur'anic reading assigned for this assignment, men, according to Islamic law, are entitled to receive a greater inheritance simply because they are men.

II. Monogamy. Wives who had a monogamous marriage were benefited more than those who had 2 or more wives, since, proportionally, they inherited a smaller amount.

III. Half-broders. Inheritance is contemplated for half-siblings, that is, siblings who only share a mother. Nevertheless, the inheritance provided for in Islamic law only proceeds between blood relatives.

I consider that the provisions of Islamic laws regarding inheritance are extremely archaic and sexist. Likewise, I consider that the fact that women do not have the same rights as men, as well as not allowing people to dispose of their inheritance according to their will, is a violation of human rights.

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Surah An-Nisa (4:11-14) outlines several foundational principles of inheritance within Islamic law. These principles, rooted in the Quranic verses, serve as a framework for distributing an individual's estate after death, ensuring that the rights of heirs are clearly defined.

1. Fixed Shares for Specific Heirs: The Quran assigns clear, predetermined portions of the inheritance to specific family members. For instance, sons are allocated twice the share of daughters (4:11), while a wife receives one-fourth if the deceased had children and one-eighth if there were no children (4:12). This principle ensures that heirs receive a portion of the estate based on their familial relationship to the deceased.

2. Priority of Male Heirs in Inheritance: The Quran emphasizes that male heirs, particularly sons, receive a larger portion than their female counterparts. The rationale behind this, as mentioned in 4:11, is based on the financial responsibilities that men traditionally bear in Islamic society, such as the obligation to provide for their families and relatives. Sons, therefore, are allocated a share that reflects their societal role.

3. The Widow’s Share: The Quran specifies that a widow’s share is contingent upon whether the deceased had children. If children exist, the wife receives one-fourth of the inheritance; without children, her share increases to one-eighth (4:12). This distribution recognizes the widow’s right to financial support and protection after the husband's death.

Personal Opinion

While the system may seem disproportionate from a contemporary equality standpoint, it is important to understand that Islamic inheritance laws are designed within a socio-cultural context where roles were defined by gender, with men responsible for financial support and women for managing the household. In such a system, the greater share allocated to men is not intended to imply a value judgment on the worth of the heirs but reflects their social responsibilities.

In a modern context, where gender roles have evolved and women often assume equal financial responsibilities, the law may appear outdated. However, the primary goal of Islamic inheritance law is to ensure the financial stability of all heirs, especially women, who may otherwise face economic insecurity. While the system may need reevaluation in contemporary societies where gender roles are more fluid, it remains a significant advancement in ensuring women’s inheritance rights within a historical context. Therefore, the fairness of the distribution should be understood in light of its historical intentions, even as it may be subject to reinterpretation in modern times.

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1.⁠ ⁠Gender Based Shares: The Islamic inheritance distribution specifies that a male heir receives twice the share of a female heir in certain circumstances. This is rooted in historical and societal roles, where men are generally responsible for financial support.

2.⁠ ⁠Family Hierarchies: The distribution assigns specific shares based on the family members relationship to the deceased, that vary depending on the existence of children and other qualifications, emphasizing the importance of family.

3.⁠ ⁠Limits and Obligations: The verse emphasizes that these rules are orders from Allah, highlighting that they are not merely recommendations but obligations.

Personally, I oppose the distribution system of inheritance in Islamic law, particularly the practice that grants males a share twice that of females. This disparity reflects a consistent gender role segmentation that does not align with the values of equality and fairness. I consider this distribution system to be unfair because it perpetuates economic inequalities and undermines the financial independence of women. By assigning shares to female heirs, it not only diminishes their economic power but also reinforces stereotypes that women are less deserving or capable of managing wealth. I believe that a more equitable system would ensure justice for all heirs, irrespective of gender, recognizing their contributions and rights equally.

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1. Fixed Shares for Specific Heirs

This principle aims to establish order so that family members, in particular, the most dependent on the deceased, which are children and parents, are taken care of. However, the differentiation between male and female heirs, where sons have a larger share than daughters, can be viewed as controversial in the present day, most particularly in societies where equality between genders is put to the fore.

2. Priority of Descendants and Ascendants

The need to look after the children, specifically sons, is so crucial because it would be upon them wherein the continuance of the family's lineage would depend. This system reflects the familial responsibilities in Islamic society, where parents have to be respected by their sacrifices and children are responsible for carrying on the family legacy. Thus, prioritizing children, the next generation gets financial support according to the law. However, if a dead person only had one sibling, then the sibling would receive one-sixth of the estate. If the deceased had many siblings, however, they take one-third. The system balances the financial supports across family members, though it might seem unequal when weighed against the modern laws of inheritance which attempt to treat siblings a little more equitably.

3. Equitable Treatment of Spouses

The inheritance law protects the spouses financially in case of the death of their partner. The share for the surviving spouse is followed depending on whether the couple have children or not. If they had children, the wife's estate has one-quarter going to the husband, and an one-eighth of the husband's estate goes to the wife. If there are no children, then the share of the surviving spouse is greater: One-half to the husband from his wife's estate, and one-quarter to the wife from her husband's estate.

Opinion

The Islamic system of inheritance was enacted with clear goals of protecting the well-being of the family members and ensuring financial provision for one's dependants such as children and parents. Viewed within a historical perspective, it was a system based on fairness because it recognized the different positions men and women occupied in society and their ensuing responsibilities. In that perspective, though the Islamic system of inheritance was considered fair and functioning properly in its initial setting, it is necessary to reinterpret the distribution for it to further capture the contemporary notion of equality and shared responsibilities. An update to the system may ensure fairness among heirs, irrespective of gender, and thus manage to align more with the modern ideals of sharing financial responsibilities and gender equality.

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Activity 6b: Maria Jose Rodriguez Valenzuela

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Activity 6b: Maria Jose Rodriguez Valenzuela

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Principles of legal inheritance in Islamic law:

1. Set Inheritance Amounts for Family Members: One of the core features of Islamic inheritance law is the allocation of specific portions of the deceased's estate to certain family members. The Quran clearly defines the share of inheritance for parents, children, spouses, and other relatives. For example, a son typically receives twice as much as a daughter. This reflects the historical role of men as financial providers, ensuring that the family’s economic needs were met.

2. Priority for Closest Family Members:

The inheritance system prioritizes the deceased’s closest relatives, such as children, parents, and spouses. If there are children, they inherit first, with sons receiving double the share of daughters. If there are no children, the inheritance goes to the parents. This system reflects a deep understanding of familial responsibility, ensuring that the people most directly impacted by the deceased’s passing—those who were most dependent on them—are the ones who receive financial support first.

3. Paying Debts and Fulfilling Requests Before Anything Else:

Before any inheritance is distributed, Islamic law requires that the deceased’s debts are settled and any bequests (wishes regarding charity or distribution) are honored. This principle ensures that the deceased’s financial obligations are fulfilled, preventing their estate from being divided before these responsibilities are addressed.

My personal opinion: Personally, I disagree with the inheritance system in Surah An-Nisa (verses 11-14) because the difference in shares between men and women seems unfair in today’s context. In modern society, where women are financially independent and share equal responsibilities in the family, the idea that men should receive twice the share of women doesn’t seem just. It reflects an outdated view that doesn’t align with contemporary ideas of gender equality, where both men and women should have equal inheritance rights. Revisiting these principles could lead to a fairer distribution for all heirs.

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Fixed Shares and Hierarchical Distribution:

Islamic inheritance law assigns specific shares of an estate to predetermined heirs (e.g., children, spouses, parents) based on their relationship to the deceased. For example, male heirs generally receive double the share of female heirs.

This system ensures clarity and avoids disputes among heirs.

Priority of Debt and Bequests:

Before distributing the estate among heirs, the deceased's debts and funeral expenses must be paid. Additionally, any valid will (up to one-third of the estate) is honored, provided it doesn't favor heirs already entitled to a share.

Equal Treatment Within Gender and Role:

Within each category of heirs (e.g., sons or daughters, brothers or sisters), individuals of the same gender and role receive equal shares. This principle maintains fairness among similar relationships.

OPINION:

The Islamic inheritance system is fair within the context and beliefs of the society it governs. It balances individual rights with family responsibilities, reflecting traditional roles and financial obligations. By ensuring clear rules and alignment with religious values, it promotes economic stability and minimizes disputes, making it equitable for its intended community.

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Key principles of Islamic inheritance law — fixed shares (fara’id), preference to agnates and concept of residuary heirs (asabah) — are together designed to promote fair redistribution while protecting domestic tranquillity. The second category of inheritance in Islam is fixed shares, which are laid out in the Quran and Hadith — and they allow certain portions of an estate to go to specific heirs such as spouses, parents, children, and siblings. Such a system reduces the chances of dispute vastly, and makes sure that the more vulnerable family members such as widowed or old age parents are catered for. The statute gives preference to certain relatives over others, with closer ones getting priority. For instance, relatives of the deceased, such as a spouse or children have priority above siblings in law of succession and sons usually receive twice the share of daughters. This gender differentiation has roots in the patriarchal system when men had massive economic obligations to carry such as supporting their families and providing dowry. In addition, after fixed shares are distributed, any residue from the estate is divided among specified people called residuary heirs—generally male relatives—in order of closeness.

Though this system made sense in the historical context, as it protected economic stability in patriarchal societies, it presents an equity problem today: women are often contributing to households significantly or even earning as primary earners themselves. This inflexibility makes it hard to adapt again today, when family dynamics are so much more varied and people often need greater understanding and accommodation than the system allows for. Yet, the principles of a system which include preventing wealth from being hoarded and ensuring that the wellbeing of each successor is protected are significant ideas. In an effort to provide continuity between traditional principles and modern contexts, additional instruments such as wills or mutual agreements among heirs could serve to respond to changing societal roles and support the – in my view unquestionable – hypothesis that the overall Islamic values of justice and equity must underwrite legal solutions at all levels of implementation.

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3 PRINCIPLES:

1. The male heirs= Normally receive a bigger share than females. This principle is based on the social and financial responsibilities assigned to men in Islamic.

2. Priority of Close Relatives= Prioritizes close relatives of the deceased based on their relationship, gender, and degree of responsibility. It creates (based on their principles) that wealth is distributed fairly while addressing the social and familial obligations.

3. Half-brooders= The ones who share one parent with the decease have distinct roles and rights in inheritance. Depends on whether they are related to the father or the mother.

The justice of the Islamic inheritance system depends on its cultural and social context. Historically, it has been viewed as fair in societies where men bear primary financial responsibility for families. However, in modern contexts where women also contribute economically, revising these norms may be necessary to reflect current realities.

While rooted in principles of fairness and equity, the system can be seen as unfair to women, as it allocates them smaller shares compared to men without clear justification beyond religious doctrine. It also limits individual freedom to distribute estates according to personal wishes. Nevertheless, the system ensures fairness by requiring that a deceased person's debts are settled from their estate, relieving inheritors of this financial burden.

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Specific Shares for Heirs:

The Quran specifies fixed portions of inheritance for certain relatives, including children, parents, spouses, and siblings. For example, male heirs generally receive a portion twice that of female heirs to reflect their financial responsibilities under Islamic law (e.g., dowries and family maintenance).

Prioritization of Close Relatives:

Immediate family members, such as children and parents, are prioritized over more distant relatives. This ensures the direct family benefits first from the deceased’s estate.

Conditional Distribution:

Debts and funeral expenses are paid before distributing the estate among heirs. This reflects the principle of fulfilling obligations before personal gain.

The Islamic system of inheritance has its merits, particularly its clarity and equity within the framework of its societal structure. By specifying shares, it minimizes disputes and ensures that vulnerable family members (such as parents or minor children) are provided for. However, the allocation of a lesser share to women compared to men often raises debates about fairness in modern contexts.

In my view, the system reflects the social and economic realities of its time, where men bore the financial responsibilities for their families. While this principle might have been equitable historically, in contemporary societies where gender roles have evolved, it could be seen as less balanced. A fair adaptation might involve considering the financial independence or contribution of heirs rather than strictly adhering to fixed gender-based allocations.

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Principles of Legal Inheritance in Islamic Law

1. Gender-Based Distribution: Sons inherit twice as much as daughters. This reflects the traditional role of men as the main financial providers for their families.

2. Fixed Shares for Parents: Parents receive a specific portion of the estate. If there are children, each parent gets one-sixth. If there are no children, the mother receives one-third. This ensures support for parents and reflects respect for elders.

3. Spousal Inheritance: The share of a surviving spouse depends on whether there are children. If there are no children, a husband inherits half and a wife inherits one-fourth. If there are children, the husband gets one-fourth, and the wife gets one-eighth. This adjusts the share based on the presence of direct heirs.

Personal Opinion

In my opinion, this system reflects values and roles that I personally do not share, especially regarding gender equality. However, it is important to understand the cultural and social context in which these rules are followed. What may seem unfair to us aligns with their structure of responsibilities and traditions. Just as we might view some of their practices as unjust, they might see some of ours the same way. While I don’t agree with these values, the system’s primary goal is to ensure family welfare and stability within its framework

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Three principles of legal inheritance in Islamic Law:

1.- Divine Allocation.

The rules of inheritance are directly ordered in the Qur'an (in particular in this Surah An-Nisa, verses 11-14,) which makes them obligatory and immutable. "These entitlements are the limits set by Allah. Whoever obeys Allah and His Messenger will be admitted into Gardens under which rivers flow, to stay there forever. That is the ultimate triumph!"

2.- Fixed Shares (Fara'id).

The shares of heirs are predetermined by divine decree.

Specific shares are allocated to parents, spouses, and children based on the circumstances, such as whether there are surviving children or not. For example: in verse 11 “the share of the male will be twice that of the female. If you leave only two or more females, their share is two-thirds of the estate....”

3.- Gender and Financial Responsibility.

The distribution system accounts for the social and financial responsibilities of heirs.

Males, who traditionally bear financial responsibility in Islamic society, receive larger shares to support their dependents.

Opinion about this distribution system between hairs. Do you find it fair ? Why?

Fairness of the Islamic inheritance system must be analyzed according to the context, since for them, the Quran provides a fixed and transparent framework that eliminates ambiguity and disputes, because everyone knows what their share is, minimizing conflict. By having a distribution in which men's larger portions are justified by their traditional financial duties (e.g. dowry, family maintenance), thus reducing women's financial burdens, the system assumes a traditional Islamic framework in which men are the breadwinners of the family. However, in contexts where this is not the case, the logic of men's larger portions may not be valid.

Bringing it into our current, modern context (it should be noted that, as we have seen in class, these are different legal traditions) in our society women often contribute equally to family finances, so unequal distribution may seem outdated or inequitable seeing that sons receive double the share of daughters may seem unfair in such contexts. In my opinion, while the Islamic inheritance system is well-structured and equitable within its original social framework, its application in contemporary contexts may require complementary considerations to address gender equality and changing family dynamics, because again, it all depends on the point of view within the context in which one is and is analyzing, for example: in many places, including Mexico, traditional gender roles have changed, women not only manage households but are also the breadwinners, making a system based on these traditional differences seem obsolete. However, for a Muslim woman within her legal, social and cultural context, it is equitable to establish responsibilities and needs within a traditional framework where the man must provide for the family.

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Double Share for Males: Male heirs receive twice the share of female heirs. This is rooted in the historical expectation that men bear greater financial responsibilities within the family.

Fixed Shares for Relatives: Specific relatives, such as children, parents, spouses, and siblings, are assigned fixed portions of the estate based on their relationship to the deceased, ensuring a clear and equitable distribution.

Priority of Immediate Family: Immediate family members, including children, spouses, and parents, are prioritized in inheritance, receiving their shares before more distant relatives.

In my opinion the system was progressive and fair within its historical context, ensuring all eligible heirs received specified shares and reducing disputes. However, in modern societies where gender roles and financial responsibilities have evolved, the fairness of gender-based distinctions may require reevaluation to reflect contemporary norms of equality and justice.

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Exclusion of Distant Relatives by Closer Heirs:

If immediate heirs (e.g., children, parents, or spouses) are present, more distant relatives (e.g., siblings) may be excluded from inheritance. This ensures priority is given to those with closer ties to the deceased.

Distribution for Multiple Heirs of the Same Category:

When there are multiple heirs within the same category (e.g., multiple daughters or siblings), they share their allocated portion of the estate equally, as specified in the Quran.

Conditional Shares Based on Presence of Others: The share of an heir can change depending on the presence or absence of other heirs. For instance, a mother's share decreases if the deceased has siblings, and a wife’s share decreases if there are children.

In my opinion this dynamic and conditional system ensures equitable distribution based on family relationships and societal roles, minimizing the chances of leaving dependents unprovided for. However, its strict rules may feel rigid in contemporary contexts where financial and familial dynamics have shifted, highlighting the need for flexibility to address modern realities while respecting its foundational principles.

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Principles of legal inheritance in Islamic law

1.    Kinship and gender-based division: shares are assigned based on the deceased's relationship to the heirs and their gender. Generally, sons receive double the share of daughters, while parents, spouses, and children have defined shares based on specific circumstances.

2.    Distribution priority: inheritance is distributed after settling debts and fulfilling bequests, ensuring the deceased's responsibilities are addressed before dividing the estate.

3.    Prohibition against alterations: the verses highlight that these instructions are sacred, cautioning against modifying the inheritance shares. This reinforces the concept that these regulations are a form of divine justice.

OPINION

The fairness of Islamic inheritance laws largely depends on how one interprets their underlying philosophy. Historically, these laws were progressive; they granted women fixed shares and ensured a fair distribution among relatives. This framework served to minimize disputes within many societies.

However, in modern contexts, where societal structures and financial roles have evolved, gender-based divisions may appear less aligned with contemporary views on equality. While the system remains fair in its consistency and rationale, it may require additional mechanisms, such as mutual family agreements, to adapt to changing circumstances while still respecting the spirit of the law.

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Principles

1. Gender-Based Shares: Islamic inheritance law specifies distinct shares for males and females, where the share of a male is generally twice that of a female. This distinction is rooted in the broader financial responsibilities that males traditionally carry in Muslim societies, including the obligation to provide for their families. For instance, if a man leaves children, his sons will receive twice the inheritance of his daughters.

2. Parental and Spousal Entitlements: Parents and spouses are also entitled to specific shares of an estate. If the deceased leaves offspring, each parent receives a smaller portion (one-sixth each) than if there are no children, in which case the mother's share can increase to one-third. Spouses also have defined shares based on whether the deceased had children, with widows receiving less if their deceased spouse had children, reflecting their reduced financial burden due to the support from their children.

3. Distribution Among Siblings and Distant Relatives: The inheritance rights extend beyond immediate family to include siblings and more distant relatives under certain conditions. For example, if a deceased person leaves no direct descendants or parents, siblings from the mother's side can inherit. The presence of multiple siblings sharing an inheritance does not alter the individual shares beyond a set limit, emphasizing fair distribution among all eligible relatives.

Personal Opinion:

Upon examining the principles of legal inheritance in Islamic law, I recognize that the system is meticulously structured to maintain “family stability” and uphold religious and cultural values. This rigidity ensures that all family members receive a portion of the inheritance. However, the system's fixed rules on distribution based on gender and familial relationships might not be seen as fair from a modern perspective that values gender equality and individual circumstances. While the approach provides certainty and respects traditional roles within the family, it might not reflect the personal contributions or needs of each individual, potentially leading to perceptions of inequality. Certainly for us, western civilization, this may be very unfair, specifically if such differences are based only on gender, nonetheless, they may see us in a similar way to certain traditions of us, so at the end, even though I or we may think differently, I think it is to harsh to judge if we were born and raised in a whole different cosmovision of the world.

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Principles:

1. The share of the male will be twice that of the female. This principle talks about the double share for males compared to females, in which sons receive double the share of daughters.

2. It also talks about the inheritance for parents. Meaning that when a deceased person has children, each parent is entitled to 1/6 of the inheritance. But if the deceased has no children and only the parents lives, the women receive only 1/3, meanwhile the man receives the remaining.

3. If a wife dies childless, her husband inherits half of her estate. But if she has children, his share is reduced to one-fourth, after paying bequests and debts.

4. But when a husband dies childless, his wife inherits one-fourth of his estate. And if  he has children, her share is reduced to one-eighth, also after the fulfilment of bequests and debts.

5. distribution happens only after settling the deceased’s debts and honoring any bequests, provided they do not harm the heirs.

Personally, I don’t find this principles fair, because there are many gender-based differences in the inheritance of the shares. I understand that in Islamic law man are traditionally responsible for the finances in the family, but knowing that we live in a more equitable system, I don’t find it fair.

But I find it fair for the parents of the deceased person to inherit some share, it’s to me like an act of gratitude and support for dependents, taking into consideration that they could be older people that can’t work properly to afford their family.

And I also find it fair the distribution between children and parents, because it helps them both to sustain themselves and their families.