Females' shares in the deceased's properties29 September 2022
ATM Nurun Nabi :
Allah has created mankind from a single soul and spread multitude of men and women from them twin (Hazrat Adam and Hawa) (Al-Quran, Sura An Nisa, Ayat No. 1) and to send them on the earth to worship Him only (Sura Dhariyat, Ayat No. 56).
At the same time, He has given mankind property to maintain themselves and those who are weak in understanding from it. (Sura An Nisa, Ayat No.5). Allah has also said that males shall maintain females, (An-Nisa, Ayat No 34).
But what the females earn, it is theirs. (Sura Ibid, Ayat No. 32). Nobody can snatch it, nor claim. It means that the females have no financial responsibility for the members of the family they live with.
We often hear to say hither and thither that daughters are not entitled to the parents' properties. The properties so left will go to the sons of full brothers. Such statement is manufactured by the vested group and goes against the Quran.
They should not forget that the first Muslim is a female - Khadiza, the first martyr is a female - Sumaiya, and paradise lies at the feet of mother. Allah has said in Verse No. 187, Sura Baqara, that 'the females are the uniform of males and males are the uniform of females'. Not only that Allah has clearly stated that the shares of a female in the properties of the deceased cannot be withheld nor suspended. What Allah has enjoined none can violate.
It has been stated in the Verse No. 14 of Sura An-Nisa that those who will disobey Allah and His Messenger (Muhammad) and violate limits described by Allah will land in the hell-fire. Allah has enjoined on giving something from the deceased's properties to the orphans and the needy if they are present at the time of division. (Sura Nisa, Ayat No,).
Verse Nos. 11, 12, and 1/76 have stated division of the properties among the heirs of the deceased. The heirs are parents, spouses, children and children downwards. In absence of any of them, full brothers and full sisters will inherit the properties provided a male receives twice of a female.
If a man dies leaving behind parents, spouse and children, each of the parents will get one-sixth of the properties, spouse, if husband, will get one fourth, spouse, if wife, will get one-eighth, while the children will receive the residue provided a son receives twice of a daughter because females have no financial liability for the family they live with.
If the heir are one daughter and she will receive the whole estate, half by stated portion, while the residue by kinship. If the heirs are two or more sisters only, they will receive two-thirds of the whole estate, and the residue by kinship.
If the heirs are one daughter and two parents, each parent will get one-sixth, the daughter half of the estate, while the residue shall go to the daughter and the father only. If the heirs are two or more daughters and parents, each parent will get one-sixth, and the two or more sisters will receive two-thirds.
If the heirs are a daughter and wife, the daughter will get half of the estate, the wife one/eighth, and the residue will be the daughter's portion. If the heir is a son or more, the son or sons will receive the whole estate If the heirs are two parents only, father will get two- thirds, if the deceased has fule brothers and fule sisters. Mother will receive one-third.
If the deceased has neither parents nor children, his/her fule brothers and fule sisters will inherit the whole estate, provided male get double of a female.
There is a wrong conception among a large number of people in our society if the deceased has no sons, paternal nephew will inherit his/her properties.
Ignorance and indifference is responsible for depriving the females.
If a man or woman dies and he or she has neither parents nor offspring, but one sister only, she will receive half of the property as the stated portion and the residue kinship.
If there are two sisters, they will get two-thirds of the whole properties as stated portions and the residue kinship.
A question arises why a male shall receive double of a female? The answer is clear. A female has no financial liability for the family she lives with. Whatever she earns, it is her. She can store the wealth. However, if she spends for her family members, there is no wrong, It is good.
If a man dies and leaves behind one son and one daughter, the son will get twice of the properties of the daughter's. Everything is not finished with the division. The son i.e. brother will maintain his sister as long as she will stay.
(The writer is a senior journalist).