Women's right to inheritance: A comparative study

Abstract

This study examines “Women’s Inheritance in Islamic Law in comparison with Jewish and Christian Laws.” It aims to demonstrate the justice of Islamic legislation concerning inheritance, to clarify its legal objectives, and to highlight the honor granted to women within a comprehensive legislative system. The research traces all texts and rulings related to inheritance in the three religions and compares them precisely, while also analyzing and refuting the doubts raised around the subject.

The study reveals the fundamental differences between Islamic inheritance rulings and what is found in earlier Jewish and Christian laws. It reviews the status of women and their inheritance rights in each of them and addresses misconceptions surrounding women’s inheritance in Islam—particularly the claim that “for the male is the share of two females.” This misconception is carefully examined and refuted through authentic Islamic evidence, showing that variations in inheritance shares are not based on gender, but on three criteria:

1. Degree of kinship
2. Generational position of the heir
3. Financial responsibilities

The research concludes that Islam was the first legal system to grant women obligatory inheritance rights—whether as a mother, wife, or daughter—after women had been deprived of inheritance in previous religious traditions. It affirms that Islamic inheritance law is distinguished by fairness, wisdom, and balance between rights, obligations, and financial responsibilities, ensuring women’s dignity and financial entitlements. The misconceptions surrounding women’s inheritance stem from a limited understanding of the Islamic economic and social philosophy, which distributes financial duties and responsibilities with justice.