أباطيل حول ميراث الذكر والأنثى (دراسة فقهية لغوية)

Abstract

Purpose: The study aims to respond to those who advocate for equal shares of inheritance among the children. It answers the following questions:

- What is the inheritance share for both male and female inheritors in the Holy Qur'an?

- What new view are some advocating with regard to equal shares among children in inheritance?

- Does this view comply to the texts of the Holy Qur'an?

Methodology: The study is based on the descriptive, inductive, and analytical approaches.

Findings: The study concludes that there is no disagreement among Muslim scholars as to that a male receives twice as much as a female inheritor when inheriting simultaneously. Furthermore, a female inherits half when she is alone. However, when she is inheriting with one or more other females without a male, they receive two thirds of the shares.

The new view advocates that equal inheritance between a male and a female applies in two scenarios: in the case of the presence of a single female, and of two female inheritors. A male inheritor receives twice the share of a female inheritor in the remaining cases.

The application of the new view, in addition to causing confusion in the inheritance of children, deprives both parents and the spouse of the deceased of inheritance. Furthermore, this is a view that does not reflect reality since it does not address the other possible inheritance scenarios.

Originality: The study’s importance lies in that it turns the view of general Muslims to the confusion caused by the those advocating for equal shares in inheritance among male and female inheritors. Moreover, the study shows the superficiality of such opinions and their contradiction with the texts of the  Holy Quran.