A Woman’s Right to Inheritance

Question: In our country it is customary that when a man dies leaving daughters and sons who are entitled to inherit from him, the daughters are asked to waive their shares, and they usually do so out of courtesy and shyness. What is the ruling on this practice? The same happened with me and my two brothers: our two sisters ceded their portions, and we males took the entire estate. Are we sinful for doing so?

Answer: This practice is impermissible. Persistently pressuring the daughters to abandon their inheritance in favor of their brothers is not allowed—especially since, as you mentioned, they surrender it out of bashfulness and politeness. That borders on coercion, and such coercion is unlawful. Allah, exalted is He, has granted the daughters their rightful share. He says:

“Allah instructs you concerning your children: for the male, a share equivalent to that of two females. If there are only daughters, two or more, they shall have two-thirds of what he leaves; but if there is only one, she shall have one-half.” (Qur’an 4:11)

Thus the Almighty has allotted the daughters a portion of the estate just as He has allotted the sons theirs. The Prophet ﷺ said, “Indeed, Allah has given every entitled party its due.” A daughter may, in fact, be more in need of her inheritance than a son because she is generally weaker and less able to earn, whereas a son is usually capable of earning a livelihood, traveling, and seeking provision.

In all circumstances, this behavior is forbidden. It is not permissible to exploit women, overpower them, and seize their shares—even if this is done under the guise of a voluntary gift—because they are not relinquishing their rights with genuine willingness; they are doing so, as you said, merely out of shyness and social deference.