From the very beginning of this surah, the theme of universal human rights, particularly those relating to family life, has been discussed. The previous verses dealt with the rights of orphans, and the coming verses discuss the rights of women, as well as orphans, which relate to inheritance. Thus, Allah Ta‘ala declares,

‌لِلرِّجَالِ ‌نَصِيْبٌ مِمَّا تَرَكَ الْوَالِدَانِ وَالْأَقْرَبُونَ وَلِلنِّسَاءِ نَصِيْبٌ مِمَّا تَرَكَ الْوالِدَانِ وَالْأَقْرَبُوْنَ مِمَّا قَلَّ مِنْهُ أَوْ كَثُرَ نَصِيْباً مَفْرُوْضاً

“For men there is a share in what the parents and the closest relatives have left. And for women there is a share in what the parents and the closest relatives have left, be it small or large – a determined share.” (Surah Nisaa v7)

This verse refutes the custom of Jaahiliyyah (the pre-Islamic period of ignorance) under which women were not allowed to inherit. The verse declares their entitlement to their share as fixed by sharee‘ah and strictly forbids any attempt to decrease their due right.

Before Islam, orphans and women, who are the weaker ones, had been victims of all sorts of injustice. The breakthrough came about when Islam came and stipulated their due rights. All this happened in the background when nations around the world had allowed these two weaker units of human society to remain deprived of their natural and obligatory rights. The pre-Islam Arabs lived by the principle that the one deserving of inheritance is the one who rides a horse, fights against enemies and collects spoils of war. Hence, women and children could not live by this principle. Therefore, only a young and adult male could inherit. A woman was absolutely out of consideration, irrespective of whether she was old or a minor. And a male too, if minor and immature, would not be deserving of inheritance.

During the blessed life of Rasulullah (sallallahu ‘alaihi wasallam), Sayyiduna Aus bin Thaabit (radhiyallahu ‘anhu) passed away leaving behind two daughters, a young son and his wife. But, very much like the old Arab custom, two of his paternal cousins usurped the entire estate leaving nothing for their deceased cousin’s widow and children. Therefore, the wife of Sayyiduna Aus (radhiyallahu ‘anhuma) complained to Rasulullah (sallallahu ‘alaihi wasallam) of her plight. Since the verses of inheritance were not yet revealed, Rasulullah (sallallahu ‘alaihi wasallam) did not pass any decision and waited for revelation to come. Thereupon, this verse was revealed. Thereafter, the second verse of inheritance was revealed which explains the details of the shares. Thus, in accordance to these laws, Rasulullah (sallallahu ‘alaihi wasallam) distributed the inheritance among his true heirs. (Usdul Ghaabah vol. 2, pg. 93)

The two words mentioned in this verse, ‘al-waalidaan’ (the parents) and ‘al-aqraboon’ (the closest relatives) spell out two basic reasons to qualify for inheritance. The first one is the bond of birth which exists between children and their parents, and the second one is general close kinship. According to the correct interpretation, the word, ‘al-aqraboon’ covers all kinds of family relationships, but parents were set apart specifically because of their importance.

Another point worth noticing here is that instead of mentioning the entitlement of women in a separate sentence, the Quraan Majeed could have easily merged it with the entitlement of men in a single sentence, by saying, “For men and women both there is a share…” But the Quraan Majeed has chosen to mention the entitlement of both genders in two independent sentences, even though it seems to be a repetition. This is to emphasize the fact that the right of women in inheritance is quite independent and is as important as the right of men.

The phrase, “be it small or large”, in this verse corrects another custom practiced by some ignorant people where certain items were reserved for certain heirs. For example, a horse or some weapon like a sword could only be inherited by young males. The instruction given by the Quraan Majeed makes it very clear that all heirs have a right in everything under the ownership of the deceased, be it big or small.

The last phrase of the verse, “a determined share”, explains that the stipulation of different shares for different people has been determined by Allah Ta‘ala. No one has the right to add, subtract or change any of these shares through his personal opinion or logic.

In conclusion, the comprehensive justice that Islam embodies is quite evident, encompassing every individual’s rights and dignity, regardless of gender, age, or social standing. Moreover, it extends beyond matters relating to this worldly life, such as inheritance, wills etc. This highlights Islam’s unparalleled status as the champion of human rights, ensuring the well-being and protection of all individuals in every facet of existence.

(Adapted from Ma‘aariful Quraan vol. 2, pg. 308)