The Holy Quran, like a guiding lamp, directs humanity along the path of justice and wisdom. Its luminous verses, including the eleventh verse of Surah An-Nis, provide a firm framework for regulating human relationships, particularly in the domain of inheritance. This treatise, through reflection on this verse and its profound analysis, examines the rulings on inheritance and their connection with social transformations and changing subjects. The aim is to elucidate, through a deep and methodical perspective, the divine wisdom embedded in these rulings and the necessity of their reconsideration in the light of contemporary circumstances. Inspired by the Holy Quran and scholarly analyses, this study endeavours to demonstrate the link between divine wisdom and the growing needs of human societies.
يُوصِيكُمُ اللَّهُ فِي أَوْلَادِكُمْ لِلذَّكَرِ مِثْلُ حَظِّ الْأُنْثَيْنِ ۚ فَإِنْ كُنَّ نِسَاءً فَوْقَ اثْنَتَيْنِ فَلَهُنَّ ثُلُثَا مَا تَرَكَ ۖ وَإِنْ كَانَتْ وَاحِدَةً فَلَهَا النِّصْفُ ۚ وَلِأَبَوَيْهِ لِكُلِّ وَاحِدٍ مِنْهُمَا السُّدُسُ مِمَّا تَرَكَ إِنْ كَانَ لَهُ وَلَدٌ ۚ فَإِنْ لَمْ يَكُنْ لَهُ وَلَدٌ وَوَرِثَاهُ أَبَوَاهُ فَلِأُمِّهِ الثُّلُثُ ۚ فَإِنْ كَانَ لَهُ إِخْوَةٌ فَلِأُمِّهِ السُّدُسُ مِنْ بَعْدِ وَصِيَّةٍ يُوصِي بِهَا أَوْ دَيْنٍ ۗ آبَاؤُكُمْ وَأَبْنَاؤُكُمْ لَا تَدْرُونَ أَيُّهُمْ أَقْرَبُ لَكُمْ نَفْعًا ۚ فَرِيضَةً مِنَ اللَّهِ ۗ إِنَّ اللَّهَ كَانَ عَلِيمًا حَكِيمًا
God commands you regarding your children: the male shall receive the equivalent of the share of two females. If there are more than two daughters, they shall receive two-thirds of what has been left; and if there is only one, she shall have half. For each of the father and mother, one-sixth of what has been left, provided the deceased has a child. But if he has no child and his parents inherit him, then for the mother one-third. If he has siblings, then for the mother one-sixth, after fulfilment of a will bequeathed or a debt owed. Your fathers and your childrenyou do not know which of them is nearer in benefit to you. These are ordained by God. Indeed, God is All-Knowing, All-Wise.
The Holy Quran designates children as the closest heirs to the deceased, establishing this priority as a firm pillar within the inheritance system. This emphasis is rooted in the profound emotional and social bond between parents and children, which is upheld as the foundation of the family in Islamic culture. From a jurisprudential perspective, this centrality guarantees order and justice in the distribution of assets, insofar as children, as continuators of the lineage and bearers of familial responsibilities, are accorded precedence.
Key Point: The centrality of children in inheritance signifies divine wisdom in preserving familial bonds and ensuring justice in asset distribution.
The noble verse, by stating the male shall receive the equivalent of the share of two females, establishes a two-to-one ratio between sons and daughters. This ruling was precisely calibrated within its historical context, when men bore heavier financial responsibilities, including the payment of maintenance and dowry. This ratio not only ensured economic justice in that era but also preserved social equilibrium within traditional families. However, in light of todays social transformations, this ruling demands reconsideration, as changes in gender roles and economic responsibilities necessitate a review of this proportion.
When heirs include both sons and daughters, inheritance is divided according to the two-to-one ratio. This system, like a river branching into balanced streams, established a just order within its traditional context. The distribution, considering the mens financial obligations in the past, maintained family equilibrium. Yet, in the modern worldwhere women similarly assume economic responsibilitiesthis ratio may require re-evaluation.
If the heirs are more than two daughters, two-thirds of the estate is allocated to them. This ruling, like a steadfast shield, guarantees the position of women in the inheritance system and represents a significant advance compared to the pre-Islamic era, wherein women were frequently deprived of inheritance. This allocation reflects the Holy Qurans attention to gender justice within the framework of its time.
The remaining one-third of the estate is distributed among other heirs or according to other rulings. This flexibility, like a window towards justice, allows adaptation to diverse circumstances. Jurisprudentially, this one-third provides space for safeguarding the rights of other relatives or executing wills.
If the sole heir is one daughter, she is entitled to half of the estate. This ruling, like a flower blooming alone in a garden, indicates an improved status for women within the Islamic system compared to previous eras. Allocating half the estate to the single daughter represents a step toward securing her rights.
When the deceased has children, each parent receives one-sixth of the estate. This limitation, like a weight balancing the scales of justice, underscores the priority of children in the inheritance system. In the absence of offspring, the mother receives one-third and the father two-thirds of the estate, a distribution that corresponds to the social responsibilities of the parents at the time.
If there are brothers, the mothers share decreases to one-sixth. This adjustment, like a current adapting to obstacles, modifies the inheritance distribution in favour of other heirs. This ruling demonstrates the inheritance systems flexibility under varying conditions.
Payment of debts and execution of wills (up to one-third of the estate) take precedence over inheritance distribution. This principle, like a guardian protecting the deceaseds financial and ethical rights, ensures justice within the inheritance system. The universality of this ruling in all circumstances highlights the importance of the deceaseds financial and moral obligations.
Key Point: The priority of bequests and debts over inheritance distribution signifies the Holy Qurans commitment to upholding the deceaseds financial and ethical rights.
The phrase you do not know which of them is nearer in benefit to you emphasises the unknowable reality of the heirs true benefit. This statement, like a mirror reflecting divine wisdom, signifies that only God possesses knowledge of good and evil, and that His rulings are founded upon knowledge and wisdom.
The rulings on inheritance are a divine obligation, based upon Gods knowledge and wisdom. This obligation, like a divine map, guides humanity towards justice and social order. Compliance with these rulings indicates trust in Gods infinite wisdom.
The Holy Quran, by establishing the two-to-one ratio for men and women in inheritance, created a just system within its historical context. At that time, men bore heavy financial responsibilities, including payment of dowry and maintenance. This difference, like a pillar bearing a heavier load, had a logical justification within the economic and social structure of that era. However, in todays worldwhere women similarly assume economic responsibilitiesthis historical justification may no longer be effective.
Key Point: The gender difference in inheritance was just within its historical context, but the transformation of social roles necessitates re-evaluation of these rulings.
Religious rulings, like a stream that changes its course with shifts in its bed, are dependent upon subject matters and social conditions. Changes in subject matters, such as gender roles or economic structures, cause rulings to undergo transformation as well. For example, idolatry was forbidden in the past, whereas dolls as toys in the modern era are considered permissible. This change does not arise from negation of the ruling but rather due to the transformation in the nature of the subject.
Modification of rulings requires scientific proof of change in the subjects. This process, akin to an explorer searching a mine for truth, relies on sociological and psychological research. Without such scientific backing, any alteration in rulings lacks legitimacy.
Islamic jurisprudence, to respond to modern needs, requires scientific laboratories, universities, and advanced educational systems. These infrastructures, like fertile soil nurturing the seed of knowledge, provide a foundation for scholarly ijtihd (independent reasoning). The absence of such facilities has deprived jurisprudence of innovation and dynamism.
Certain religious rituals, such as the stoning of the Jamrah or Tawaf in crowded conditions, have deviated from their original purpose due to changes in social circumstances. The stoning of the Jamrah, symbolising the struggle against Satan, can cause harm to pilgrims amidst congestion. Implementing this ritual by higher authorities, like a bridge that smooths the path, can reduce risk and align with its primary objective. Similarly, Tawaf in a confined space with overcrowding challenges the act of worship. Expanding the area for Tawaf, like opening a window to comfort, harmonises the practice with its intended purpose.
Human rights bodies criticise rulings such as inheritance distribution due to incompatibility with gender equality in the modern era. These critiques, like alarm bells for jurisprudence, signal the necessity for rethinking rulings. While the validity of rulings in their historical context is undeniable, changes in subjects, like a sail moving with the wind of the times, necessitate their revision.
Rulings on impurity provide another example of the impact of changing subjects on rulings. For instance, blood in small quantities or in a river is not considered impure, because the subject of impurity has changed. Likewise, wine, if transformed into another substance or prescribed as medicine, alters the ruling of impurity. This flexibility, like a branch bending in the wind without breaking, demonstrates jurisprudences dynamism in facing new conditions.
In some regions, dolma is a food and thus prostration upon it is impermissible; in other regions where it is considered non-edible, prostration upon it is allowed. This difference, like the diverse colours in a painting, reflects the influence of local culture on rulings. Jurisprudence, considering such diversity, can respond to the needs of different communities.
Religious knowledge, due to lack of scientific methods and research support, has sometimes become contaminated with superstition. This contamination, like dust settled on the mirror of truth, distorts the correct understanding of religion. For example, some customs, such as early circumcision or the prohibition of remarriage after divorce in certain cultures, have roots in superstition and do not conform to divine wisdom.
Throughout history, the number of genuine scholars in the Islamic world has been limited, and many jurisprudential works, such as Al-Lumah and Shari, have been confined to repetition and imitation. This repetition, like a wheel turning in place, has hindered innovation and progress in religious knowledge. Religious rivalries have also led to production of repetitive works instead of promoting scholarship.
Religious scholars in the past, due to political constraints and the practice of taqiyya (dissimulation), refrained from scientific research. These limitations, like chains on the feet of truth, impeded the development of religious knowledge. Nonetheless, the spiritual value of scholars often derived from their worship and prostrations rather than their scientific knowledge.
Some philosophical works, such as Asfr by Mulla Sadra, lack scientific credibility due to extensive borrowing from others and absence of originality. This borrowing, like copying a masters painting, lacks creative spirit and deprives religious knowledge of innovation.
Religious knowledge, for vitality and responsiveness to modern needs, requires universities, laboratories, and advanced educational systems. These infrastructures, like seeds sown in fertile soil, provide a foundation for the growth of scientific ijtihd. Lack of financial resources has been the main obstacle to establishing such institutions.
Hosseiniyehs should target God, not merely Imam Hussain (peace be upon him). This focus, like a light shining towards truth, returns religion to its ultimate objective. Imam Hussain (peace be upon him), as a noble master, is humanitys guide towards God; exclusive emphasis on him diverges from divine wisdom.
Ijtihd in religious knowledge is obstructed due to lack of scientific tools and research methods. Religious education, due to superficiality and lack of depth, fails to meet modern needs. This blockage, like a wall blocking the path, deprives religious knowledge of vitality.
Attracting crowds relying on financial resources is not genuine ijtihd. Ijtihd, like a rare jewel, must be founded on knowledge and research rather than material motives. This approach distances religious knowledge from authenticity and credibility.
Rulings such as slavery, hudd (penal limits), and diyt (blood money) have become ineffective in the modern world. This inefficiency, like a garment no longer fitting the body of time, necessitates reconsideration of rulings. Enforcing hudd in a society lacking minimum livelihood provisions is manifest injustice to the weak.
The absence of sociological and psychological knowledge in religious sciences has caused rulings to fall into superstition and superficiality. This deficiency, like a disease weakening the body of religion, prevents adaptation of rulings to modern needs. Modern jurisprudence requires human sciences to be cleansed of superstition.
Cultural differences worldwide demand jurisprudential flexibility. For instance, some communities have customs such as early circumcision or prohibition of remarriage after divorce rooted in superstition. Jurisprudence must, like a stream that aligns its course with the land, reconsider rulings in light of this diversity.
Accusations such as apostasy or impurity without scientific basis are injustice and superstition. These accusations, like a blade unjustly striking the body of society, distance religion from justice and wisdom. Religious knowledge must be purified from these harms through research and scientific methodology.
The interpretation of verse eleven of Surah An-Nis provides a solid framework for inheritance distribution that guaranteed justice and social order in its historical context. However, social and economic transformations have rendered reconsideration of these rulings necessary. Religious rulings are contingent upon subject matters, and changes in these subjects necessitate transformation of the rulings. Contemporary religious knowledge, due to lack of scientific infrastructure and contamination with superstition, has lost its vitality and efficacy. To revive this knowledge, scientific ijtihd based on sociology, psychology, and multidisciplinary research is essential. This treatise, reflecting on divine wisdom and modern needs, paves the way for rethinking Islamic jurisprudence so that religion may, like a bright lamp, guide humanity on the path of justice and truth.
Under the supervision of Sadegh Khademi
