Increase of Daughter’s Share in the Succession of Sonless family: Does it contravene the Spirit of Shariah Law?

Abstract

Inheritance law is considered as an integral part of Shariah Law and its application in Islamic society is a mandatory. Muslims inherit
their predecessors in compliance with the rule as stated in the holy Qur'an. Though the Qur'an improved the status of women by
identifying their share of inheritance in clear terms, Islamic law led to a number of problems and controversies that Muslim jurists have
solved in different ways like, by using of deductive reasoning (Qiyas), Electicism (Takhayyur). In recent time Islamic society goes through a crucial situation and now a question arises what the position of collaterals is with daughter of the deceased in absence of son? Is it possible to increase daughter‟s share excluding the collaterals in the succession of sonless family? These crucial questions have not been solved till now. For the very reason, authors are driven to do this study with an aim at finding out an objective solution to this debated issue. Author‟s research will address the question whether increase of daughter‟s share in the succession of sonless family would contravene the spirit of Sharia law. This study examines the provisions of Qur'an, Sunnah, Ijma, Qiyas, Authentic Tafseer (commentaries on the Qur‟an) and different doctrines on the daughter‟s share in the succession of sonless family. Author also tries to explore comparative study from the practices on the daughter‟s share in the succession of sonless family of different Islamic Countries.