I heard that from a client who said his wife told him this as a joke. But its important to address why shares are the way they are under the Islamic Rules of Inheritance. Of course, a daughter does not always (or even most of the time) receive 13/168. A daughter does not receive a fixed share, but it varies depending on the number of people who receive fixed shares. Parents and the spouse generally receive fixed shares of inheritance.If anyone knows just one rule about Islamic Inheritance, its that boys receive two shares for everyone share a girl gets. It comes from the following ayah.
The translation, which comes from Assad:
“CONCERNING [the inheritance of] your children, God enjoins [this] upon you:The male shall have the equal of two females’ share; but if there are more than two females, they shall have two-thirds of what [their parents] leave behind; and if there is only one daughter, she shall have one-half thereof. And as for the parents [of the deceased], each of them shall have one-sixth of what he leaves behind, in the event of his having [left] a child; but if he has left no child and his parents are his [only] heirs, then his mother shall have one-third; and if he has brothers and sisters, then his mother shall have one-sixth after [the deduction of] any bequest he may have made, or any debt [he may have incurred]. As for your parents and your children – you know not which of them is more deserving of benefit from you: [therefore this] ordinance from God. Verily, God is all-knowing, wise.”Consider what the system is in the United States. By default, in most jurisdictions the surviving spouse takes everything. Often this is because of how property is owned in the first place. Free alienation of property, not justice or equality is the overriding principle. The idea the system in the United States values gender equality is mythology. This has never been the case. Many parents elect to distribute to their children equally, many do not. Many do not distribute anything to their children or particular children, at all. As I discuss elsewhere in my website, this often happens when people have no plan at all. So the idea that when you decide on Islamic Inheritance you are moving from a system that espouses equality to one that does not, is not generally true.
The other thing to consider is that in Islam, a husband has a support obligation. Inheritance must be used to support one’s family. A wife does not have a similar obligation with inheritance assets, which can be used only to the benefit of herself. The issue has to do with rights and responsibilities. It has nothing to do with who the breadwinner is, or that sons are more deserving then daughters or anything of the sort.
Thirdly, the Islamic rules of inheritance does not govern what you give to your children right now. You can give your daughter $40 on her birthday and give your son $10 on his birthday. You can also make lifetime gifting arrangements. Keep in mind gifts larger then $13,000 (in 2010) would have a reporting requirement and may even be subject to a gift tax. However in Islam, gifts are not restricted so long as they are not intended to injure the rights of the Islamic heirs.
This rule has always been a non-factor in my practice. People who plan based on the Islamic Rules of Inheritance already know this rule, know its source and tend not to argue about it. Neither I nor my clients have any power to edit the Quran which is fair, equitable and just. As is. If we follow he Islamic Rules of Inheritance, we accept that we do not know who is more deserving.
