Kuwait-University-Journal-of-Law-header
البحث
Journal of Law

الأعداد السابقة

بحث متقدم
السنة : من إلى المجلد
العدد التخصص
المؤلف

المجلد :36 العدد : 126 2021      أضف إلى عربة التسوق                                                                    تنزيل

The Criteria for the Difference Between Male and Female Shares of Inheritance in Islamic Sharia

المؤلف : Dr/ Sultan Ibrahim Al Hashimi

DOI: 10.34120/0378-036-126-008

This article is an attempt to deduce the criteria of preference for one gender over the other in inheritance in Islamic Sharia law through assessing the different cases of male and female shares of inheritance. Results showed that there are four criteria for giving preference to the inheritance of one gender over the other. These are the criterion of need, the criterion of consanguinity, the criterion of the age of the inheritor, and the criterion of alimony.
The inheritance system in Islamic Sharia is based on foundations and rules that seek to achieve absolute equity between the genders through precise criteria, most of which are in favor of women, not against them. There is no evidence from the Qur’an or the Sunnah that the Islamic inheritance system favored men over women or gave men a greater share based on gender considerations.
There is no favoritism of males over females. Rather, the preference is for the male’s need in the duties of alimony over the female’s need who is not obligated to pay alimony. The preference is also given to the close kinship over the distant ones, and to the younger generations who are expected to live a longer life over the elderly who are not expected to live as long.
The article also handled the issue of the female inheritance and indicated that the current demand for equality of females with males in inheritance is unfair to her; because in many cases the female takes a bigger share that that of the male, and equality in this respect means part of her share is deducted and given to the male. The research adopted the inductive analytical approach, and the originality of the study is shown in the researcher’s background in the jurisprudence of inheritance and transactions.


Keywords: criteria, inheritance, equality, equity, alimony, women’s inheritance.
 

Journal of Law
Journal of Law

أنت الزائر رقم

78625

Journal of Law
Journal of Law
أخبر أصدقاءك Journal of Law
Journal of Law
Journal of Law

التحديث الأخير

04-11-2019

Journal of Law
Journal of Law
Journal of Law

يرجى إدخال بريدك الإلكتروني
هنا لتستلم أخبارنا

Journal of Law