Tuesday, June 17, 2025

Revisiting Qur’an 4:11: A Justice-Oriented Perspective on Gender and Inheritance

By T.O. Shanavas, New Age Islam 17 June 2025 The Qur’an is often misunderstood in modern discussions on gender justice, especially in the context of inheritance. Among the most cited verses is Qur’an 4:11, which states: “To the male, a portion equal to that of two females.” This line has served as the basis for a widely held belief that Islamic law systemically favours men in matters of inheritance. In this article, we reassess this interpretation by examining the structure, language, and theological underpinnings of the verse, as well as its historical development within Islamic jurisprudence. A Closer Look at Qur’an 4:11 Line A: “To the male, a portion equal to that of two females” Arabic: لِلذَّكَرِ مِثْلُ حَظِّ الْأُنثَيَيْنِ This is a principle statement that gives the general rule in a comparative framework. Importantly, it does not use a conditional clause like “if” (in), but instead establishes a general relational proportion. The phrase Mithlu Ḥaẓẓi Al-Unthayayn (“like the portion of two females”) is relational—mathematically, if the female share is “x,” the male’s is “2x.” This grammatical construction defines the male share relative to the female’s, indicating that the female share is the baseline unit in the inheritance structure. Contrary to patriarchal assumptions, this reveals a subtle Qur’anic inversion: the female’s portion is fixed, and the male’s is derived from it. Line B: “If the heirs are women, more than two, they share two-thirds…” Arabic: فَإِن كُنَّ نِسَاءً فَوْقَ اثْنَتَيْنِ فَلَهُنَّ ثُلُثَا مَا تَرَكَ Line C: “If there is only one, she gets half.” Arabic: وَإِن كَانَتْ وَاحِدَةً فَلَهَا النِّصْفُ These lines shift from the general principle in Line A to specific, female-only cases. The grammatical cues—fa-in and wa-in kānat—indicate conditional situations. Thus, Lines B and C apply when there are no male heirs. As classical commentators like al-Rāzī, al-Qurṭubī, and Ibn ʿĀshūr have noted, Line A addresses mixed-gender inheritance, while Lines B and C govern female-only scenarios. Common Misreading and Their Consequences Many traditional interpretations—and particularly Salafi legalist readings—have mistakenly treated the male share as the default variable (x) and defined the female portion as “half” of that. This backward logic ignores the linguistic structure of the verse, which clearly sets the female share as the base. Such readings lead to mathematically inconsistent and socially unjust outcomes, especially when the number of daughters is large but still each is subordinated to a single male heir. That rigid model not only fails basic arithmetic fairness, it also violates Qur’anic justice. Justice as the Essence of Shari‘ah The principle of justice is central to Islam. Numerous verses emphasize justice as divine: • “Indeed, Allah commands justice, kindness, and kinship…” (Qur’an 16:90) • “God does not do injustice, [even] as much as an atom’s weight…” (Qur’an 4:40) • “Be upholders of justice… even if it is against yourselves…” (Qur’an 4:135) • “Is not God the most just of judges?” (Qur’an 95:8) Imam Ibn Qayyim al-Jawziyya encapsulates this in his seminal legal theory: “Verily, the Sharia is founded upon justice, mercy, benefit, and wisdom. Any rule that departs from justice to injustice… is not part of the Shari‘ah, even if introduced by interpretation.” (REFERECE: Iʿlām al-Muwaqqiʿīn, 3/11) This perspective shows that any application of Islamic law that leads to injustice, oppression, or absurdity contradicts the spirit of the Shari‘ah, no matter how well-grounded it may appear in juristic tradition. The Role of Fiqh and Human Fallibility It is critical to distinguish between Sharī‘ah (divine guidance) and fiqh (juristic interpretation). Imam al-Shāfiʿī, who lived over a century after the Prophet ﷺ, formalized the Uṣūl Al-Fiqh, creating a hierarchy of sources: Qur’an, Sunnah, Ijmāl, and Qiyas. While this methodology was invaluable, it also opened space for human fallibility. Over centuries, Fiqh evolved in response to specific sociocultural contexts, not as a perfect mirror of divine intent. Epistemologically, God’s knowledge is infinite and perfect; human knowledge is finite and contingent. Revelation is sacred and unchangeable, but human interpretation is mutable and subjective. This theological humility must extend to our legal reasoning. A Flexible Framework, Not a Rigid Code The Qur’an’s legal prescriptions should be understood as setting ethical boundaries—upper and lower limits within which humans can exercise discretion guided by compassion and justice. The inheritance laws in 4:11 are not rigid formulas but frameworks within which equity can be realized depending on context. The verse provides a blueprint—not a cage—for fair distribution. Conclusion: Inheritance as a Reflection of Justice When read holistically and in its original linguistic and theological context, Qur’an 4:11 offers a vision of proportional justice. Far from diminishing women, it anchors the inheritance structure in their shares and elevates them as the fixed reference point. The verse does not present a contradiction but a layered, case-based structure: • Line A governs mixed-gender scenarios. • Lines B and C apply to female-only heirs. Correctly understood, the verse is not a statement of male superiority, but a divinely instituted mechanism for balancing equity in familial contexts. Re-reading it through the lens of divine justice—rather than patriarchal custom—restores its ethical force and harmonizes the Qur’an’s legal content with its moral core. Mathematical Illustration of Line A (Mixed-Gender Case) If the total estate = 100 units • 1 son + 2 daughters • Let daughter’s share = x → Then son’s share = 2x → Total = 2x (son) + x (daughter 1) + x (daughter 2) = 4x → 4x = 100 → x = 25 • Each daughter gets 25, son gets 50 ----- T.O. Shanavas is a native of Kerala, but is now based in the USA.He is the author of “Islamic Theory of evolution of Evolution The Missing Link Between Darwin and The Origin of Species.” Co-author of the book, And God Said, "Let There Be Evolution!": Reconciling The Book Of Genesis, URL: https://www.newageislam.com/debating-islam/quran-4-11-justice-gender-inheritance/d/135893 New Age Islam, Islam Online, Islamic Website, African Muslim News, Arab World News, South Asia News, Indian Muslim News, World Muslim News, Women in Islam, Islamic Feminism, Arab Women, Women In Arab, Islamophobia in America, Muslim Women in West, Islam Women and Feminism

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