Women's Inheritance: From the Wisdom of Differentiation from Men to Their Shares

Abstract

Inheritance is the transfer of a deceased person’s estate to his or her relatives in accordance with the provisions of the law. As one of the fundamental legal institutions, inheritance plays a significant role in regulating financial relations after a person’s death. The issue of women’s inheritance shares has consistently been one of the most controversial topics in Islamic law and has at times been criticized as a symbol of gender discrimination. Employing a descriptive–analytical method, this article examines the status of women within the Islamic inheritance system and the legal framework of Afghanistan, and analyzes the extent of women’s inheritance shares in their various roles as wife, daughter, sister, and mother. Furthermore, by drawing on jurisprudential sources, the study explores the underlying rationale for the difference between the inheritance shares of women and men, demonstrating that this distinction is based on a just allocation of economic and familial responsibilities between the two sexes rather than on any inherent superiority of men over women. The findings of the research indicate that, in addition to receiving a defined share of inheritance, women benefit from other financial entitlements such as dower (mahr) and maintenance (nafaqah), which collectively ensure their economic security within the family structure. Moreover, the article examines the legal enforcement mechanisms supporting women’s inheritance rights under Afghan law and concludes that the principal challenge lies not in the jurisprudential or legal texts themselves, but rather in the weaknesses of effective implementation and the presence of cultural and social barriers.