15. This is the first general rule in connection with inheritance, viz., that the share of the male should be double that of the female. Since Islamic law imposes greater financial obligations on men in respect of family life and relieves women of a number of such obligations, justice demands that a woman's share in inheritance should be less than that of a man.
16. The same applies in the case where there are two daughters. If the deceased leaves only daughters, and if there are two or more daughters then they will receive two-thirds of the inheritance and the remaining one-third will go to the other heirs. But if the deceased has only one son there is a consensus among jurists that in the absence of other heirs he is entitled to all the property and if the deceased has other heirs, he is entitled to the property left after their shares have been distributed.
17. If the deceased leaves issue each of his parents will receive one-sixth of the inheritance irrespective of whether the issue consists either only of daughters, only of sons, of both sons and daughters, of just one son or just one daughter. The remaining two-thirds will be distributed among the rest of the heirs.
18. If there are no other heirs than the parents, the remaining two-thirds will go to the share of the father; otherwise the two-thirds will be distributed between the father and other heirs.
19. In the case where the deceased also has brothers and sisters the share of the mother will be one-sixth rather than one-third. In this case the sixth that was deducted from the share of the mother will be added to that of the father, for in this circumstance the father's obligations are heavier. It should be noted that if the parents of the deceased are alive, the brothers and sisters will not be entitled to any share in the inheritance.
20. The mention of bequest precedes the mention of debt, for although not
everyone need be encumbered with debt it is necessary that everyone should make
a bequest. (However, other Mufassirun (exegetes) regard making a bequest as
a discretionary act - Ed.) As for legalities, there is consensus among Muslims
that the payment of debts takes precedence over the payment of bequests, i.e.
if the deceased owes a debt and also leaves a bequest, the debt will first be
paid out of the inheritance, and only then will his bequest be fulfilled.
We have already stated in connection with bequest (see Towards Understanding
the Qur'an, vol. I, (Surah 2, n. 182) that a man has the right to bequeath up
to a maximum of one-third of his inheritance. The principle laid down in regard
to bequest is that a man can -^\ot a portion of his inheritance either to a
relative who is not legally entitled to any prescribed share in the inheritance
or to others whom he considers deserving of help, e.g. either an orphaned grandson
or grand-daughter, the widow of a son in financial distress, any brother, sister,
brother's wife, nephew, and other relatives who seem to be in need of support.
If there are no such relatives bequests can be made either to other needy people
or for charitable purposes. In short, the Law has fixed regulations for the
distribution of two-thirds or more of one's inheritance, out of which the legal
heirs are to receive their shares according to the regulations laid down by
the Law. A maximum of one-third of the inheritance has been left to the discretion
of the person concerned, who can dispose of it by means of bequest in light
of his particular family circumstances. If anyone makes either an inequitable
bequest or misuses his discretion so as to hurt the legitimate rights of others,
it is permissible for the members of the family to rectify the situation either
by mutual agreement or by requesting a judge to intervene. For further details
see my booklet Yatim Pot6 ki Wirathat ka Mas'alah, Lahore, 1954.
21. This is in response to those feeble-minded people who do not fully appreciate God's law of inheritance and try to fill, with the help of their limited intellect, what they see as gaps in God's Laws.