Flaws in "Islamic"/sharee3a law regarding Bequest and Inheritance

Samia

Salaam Nun

Thanks a lot for solving the problems, and I apologize for giving you a homework at Sundy night.

Peace Samia,

Main point overlooked in verse 411 is that 2/3 or 1/2 are only applicable for girls (when there are no sons) else ?to the male equal fortune the two females? is meaningless and never comes in play with any female/male combination (i.e. if # of females = > 2 they get 2/3; if one she gets 1/2).

It is only meaningless if you read it through islamic law. It is very meaningful and completely different from the wrong understanding of "twice as much as a female". The point is that we have three fromulas, not one, in this verse

X/Y = 1
X/Y = 2
X/Y = more than two (where X = number of females and Y is the number of males). Remember that the number of males is not mentioned every time because it is dependent on what the female gets, and what the female gets depends on the number of females. The three poosibilities we have in this verse (1, 2, 3) are the basic formula If the ratio of females to males is 1, 2 or more.

Depending on school of thought; Abu-Haneefa and Ibn Hanbal will divide it as...

girl gets 1/2 + 3/8 surplus = 7/8
wife gets 1/8

boy gets 2(1/2*(8/9)) = 8/9
wife gets 1/8*(8/9) = 1/9

Why does the wife get 1/9 when her share is fixed and only dependent on whether the husband has children or not? This discrepancy is becaus of the misunderstanding of the main verse of inheritance (410).

two girls and his parents and a brother and a sister
411 "so if they are/were women more/over two, so for them (F) two thirds" -- two girls portion = 2/3
411 "and to his parents, to each one from them (B) the sixth from what he left,if for him was a child" -- each parents = 1/6

412 "and if (he) was/is a man to be inherited without a child or father or a woman (wife), and for him (is) a brother, or a sister, so for each one from them (B) the sixth" -- brother and a sister because their parents and children are present get NOTHING!

2/3x + 1/6x + 1/6x = 1
6/6x
x = 1

girls get 1/3 each or 2/3 total
each parent gets 1/6 each or 1/3 total

Switching case - two boys and his parents and a brother and a sister

411 each parent gets 1/6 each or 1/3 total and boys get the rest of 2/3 or 1/3 each.

412 brother and a sister again get NOTHING!

This was like a homework assignment. ;D

That's correct, but this is your calculations, not any islamic law's. islamic law gives the brothers and sisters of the dead if the dead has daughters only.