consisting of children, parents and husband or wife, and the second consisting of brothers and sisters. All the persons mentioned in the first group are immediate sharers, and if all three of them are living, all of them have a right in the property, while the members of the second group inherit only if all or some of the members of the first group are wanting. Both groups are capable of further extension: as for instance grand-children, or still lower descendants, taking the place of children; grandparents, or still higher ascendants, taking the place of parents; and uncles, aunts and other distant relatives taking the place of brothers and sisters.
Among the members of the first group, children are mentioned first, then parents, and then husband or wife, and that is the natural order. In the case of children, only a broad principle is laid down — the male shall have double the share of the female. Thus, all sons and all daughters would be equal sharers, the son however having double the share of the daughter. Another example of apparent inequality of treatment of the two sexes is that in which a man leaves only female issue. If there is only one daughter, she takes half the property; if there are two1 or more daughters, they take two-thirds of the whole, the residue going to the nearest male members, according to a ḥadīth quoted further on. The reason for this is not far to seek. Man is generally recognized as the bread-winner of the family, and that is the position assigned to him in the Holy Qur’ān. Keeping in view his greater responsibilities, it is easy to see that he is entitled to a greater share, and therefore the Holy Qur’ān has assigned to him double the share of the female. In fact, if the responsibilities of the two sexes are kept in view, there is real justice and real equality beneath this apparent inequality.
If there are no members of the first group besides the children, the whole property will be divided among the latter, but if there are other members, then evidently the children take the residue, because the shares of the other members are fixed, one-sixth in the case of each parent and one-fourth or one-eighth in the case of the husband or wife.
Children’s children and lower descendants are, as is usual in the language of the Holy Qur’ān, included among the children, but the
1 The words in the Holy Qur’ān are fauq ithnatain which literally mean above two, but as the other case mentioned is that of only one daughter, two are included in fauq ithnatain. It may be noted that in 4:176 only two sisters are spoken of and more than two are included therein. Thus the two verses read together explain each other — above two, in the one case including two, and two in the other including more than two.