Refuting the Popular Theory of Women Not Inheriting Land with a Reflections on the Quranic Evidence and the Narrative of Inheritance

Articles in Press

Document Type : Original/ Research Article

Authors
mohammad daneshnahad 1
mohammadhasan vakili 2
1 ), Professor and Researcher at the Islamic Civilization Seminary, PhD in Theology, Jurisprudence and Fundamentals of Islamic Law, Yasuj University, Yasuj, Iran
2 Professor and Researcher at the Islamic Civilization Seminary; Graduate of Level 4 Islamic Jurisprudence Program, Mashhad, Khorasan, Iran
10.30497/flj.2026.248946.2236
Abstract
Introduction
Currently, it is widely recognized among jurists that a man inherits all of a woman’s estate, regardless of whether it is tangible or priceless, movable or immovable. However, a woman inherits movable property, regardless of its value, and she does not inherit the tangible or priceless value of land. By analyzing the verses and narrations concerning women’s inheritance from land, as well as the opinions of ancient jurists, it is possible to introduce significant issues into this theory. This can result in the erosion of the foundation of this renowned theory, and a theory that is based on the verses, narrations, and sayings of the early jurists is selected to address the deficiencies of the renowned theory of the later generations. The initial step is to examine the Holy Quran’s stance on the issue of women’s inheritance from land in order to develop a correct theory on the subject by adhering to the verses of inheritance. Afterward, the conflicting narrations in this context should be investigated and scrutinized to ascertain whether the sole method of gathering the narrations is to subscribe to the renowned theory or if an alternative theory should be selected. In the third step, it is imperative to compare the perspectives of the early jurists with those of the later jurists in order to demonstrate that the early jurists did not subscribe to the same theory as the later jurists, but rather were in direct opposition to it. The final step involves the explanation of Selected theory in relation to religious evidence and the statements of jurists.
One of the most renowned rulings among later jurists who have accepted it based on certain narrations is the prohibition of inheriting a woman from land. Some issues may be introduced into this theory by paying attention to the Quranic evidence and solid narrations regarding this issue. With a critical examination of Quranic and narrational evidence, this research aims to demonstrate that this theory is not tenable. The fundamental inquiry is: how reliable are the evidences against inheriting a woman from land, and do the evidences for inheriting a woman from land have more robust support?

Research Background
The subject of women’s inheritance has been the subject of numerous articles, which can be categorized into two general and specific categories. In the general category, all issues related to women’s inheritance, including inheritance share and women’s inheritance (Naghibi, 2008, pp. 63-75), have been examined from various matters such as land (Mousavi Bojnourdi, 2006, pp. 3-30; Rabbani, 2013, pp. 187-198); but in the specific category, women’s inheritance from land has received the attention of researchers; in such a way that some have sought to criticize the famous opinion of jurists, considering the opinions of some commentators (Hassanzadeh Khayat, 2013, pp. 141-166); others have come from a legal perspective and following criticism of articles 946 and 947 of the Civil Code before its deletion (Vatani, 2003, pp. 187-214); Some researchers also seek to defend the reform of the aforementioned laws in terms of the impact of events and the conformity of the rulings with time and place (Rezaei Rad, 2010, pp. 55-76).
Methodology
This research is fundamental and analyzes information based on library sources.
Findings
1. The verses on inheritance encompass the inheritance of a woman from land as a result of their generality. The infallible Imams maintain that the Quranic evidence takes precedence over the narrational evidence, even if there is no narration to verify the text of the verses on inheritance. 2. The narrations concerning the woman’s failure to inherit from the land also pertain to the actual land, which does not contradict the evidence that the woman did inherit from the price of the land. 3. The correct theory is that a woman inherits from the price of the land, not the land itself, in light of the Quranic and narrational evidence of the woman inheriting from the land and the sum of the evidence.
Conclusion
The judgment of the later jurists regarding the woman’s inability to inherit from the land is incorrect, as evidenced by the examination of the verses and narrations related to inheritance.
1. This ruling is in direct opposition to the general verses of inheritance, which define the woman’s share of the inheritance as one-fourth in the absence of children and one-eighth in the presence of children. Given the fundamental text of the Holy Quran, its written identity, and the generality and detail of the generality of the verses of inheritance, it is impossible to assign these verses through narrations.
2. Narrative evidence, both general and specific, also suggests that the woman should inherit the land.
3. The narrations concerning the woman’s inability to inherit from the land can be categorized into three groups. The Quranic and narrational evidence of the woman’s inability to inherit from the land may only be contradicted by the third category. Consequently, the narrations that prohibit inheritance should be disregarded, given the plurality and strength of the inheritance evidence.
4. The group of narrations that prohibit women from inheriting land do not conflict with the evidence for women’s inheritance from land, as they can also refer to the quality of division rather than the prohibition of women’s shares of inheritance from land, given the philosophy that has been put forward and in light of the general Quranic and narrational evidence, as well as the specific narrations of women's inheritance from land, it is reasonable to assume that, despite the fact that a woman does not inherit from the land itself, she does inherit from its price. Despite the fact that the law prohibiting women from inheriting land is rooted in the well-known theory of jurists, it was evident from a narrative jurisprudential study that this theory lacks a solid foundation. The matter of changing the law and lifting the prohibition of women from inheriting land is a matter with a strong jurisprudential basis, which was thoroughly examined in this study.
Keywords
Evidence for Inheritance, General Detailed, General Rule-Based, Land, Women’s Inheritance.
Subjects

این پژوهش تحت حمایت‌های مادی و معنوی مؤسسۀ مطالعات راهبردی علوم و معارف اسلام صورت پذیرفته است.

Ahmadi Mianji, A. (1998). Makatib al-Rassul. Qom: Dar al-Hadith. [In Arabic]
Amoli, Z. (2000). Rasael of al-Shaheed al-Thani. Qom: Publications of the Islamic Propaganda Office. [In Arabic]
Amoli, Z. (1992). The Ways of Understanding in the Explanation of Islamic Laws (Masalak al-Afham fe sharhe sharaye Islam). Qom: Islamic Encyclopaedia Foundation. [In Arabic]
Abd al-Rahman, M. (Undated). Mojam al-Mostalahat and Al-Alfaz al-Fiqhiya. Unpublished. [In Arabic]
Bahrani, S. H. (1995). The proof in the interpretation of the Quran (Al-Borhan fi Tafsir al-Qur'an). Qom: Bethe Institute. [In Arabic]
Feiz Kashani, M. M. (1985). Al-Wafi. Isfahan: Library of Imam Amir al-Mu’minin Ali. [In Arabic]
Hashemi Shahroudi, M. (Undated). Journal of the Jurisprudence of the Ahl al-Bayt. Qom: Institute of the Encyclopedia of Islamic Jurisprudence on the Doctrine of the Ahl al-Beyt. [In Arabic]
Hassanzadeh Khayyat, T. (2021). Analysis and criticism of commentators' opinions about the inheritance of a wife from her husband in the Qur’an with emphasis on the opinions of the author of Tafsir al-Furqan. Research Journal of Quranic Studies, 47, 141-166. [In Persian]
Helli, A. (1986). Al-Mohazzab. Qom: Islamic Publications Office. [In Arabic]
Helli, M. (1989). Al-Saraer Al-Hawi fe Tahrir Al-Fatawi. Qom: Islamic Publications Office. [In Arabic]
Hor Ameli, M. (1997). Al-Fusul Al-Muhema fe Asul al-Imam (Compilation of Al-Wasail). Qom: Institute of Islamic Education of Imam Reza. [In Arabic]
Hor Ameli, M. (1988). Vasael al-Shieh. Qom: Al-Bayt Foundation. [In Arabic]
Hosseini Rouhani, S. S. (1991). Fiqh al-Sadeq. Qom: Dar al-Kitab - School of Imam Sadiq. [In Arabic]
Ibn Abi Jomur, M. (1984). Awali Al-Leali al-Aziziya. Qom: Dar Seyyed al-Shahada. [In Arabic]
Ibn Babeveyh, M. (2006). Elal al-Sharaye. Qom: Davary Bookstore. [In Arabic]
Ibn Babeveyh, M. (1992). He Who Has No Jurist at Hand (Man la yahzoroh al-Faqih). Qom: Islamic Publications Office. [In Arabic]
Koleini, M. (1986). Kafi (Islamic). Tehran: Dar al-Kutub al-Islamiyyah. [In Arabic].
Khamenei, S. A. (2016). Statements at a meeting of elite women on the eve of the birth anniversary of Hazrat Zahra (peace be upon her). [In Persian]
Majlesi, M. B. (1982). Bihar Anwar. Beirut: Dar al-Ihiya al-Trath al-Arabi. [In Arabic]
Majlesi, M. B. (1983). Merat al-Oghul. Tehran: Dar al-Kutub al-Islamiyyah. [In Arabic]
Majlesi, M. B. (1985). Malaz Akhyar. Qom: Ayatollah Mar’ashi Najafi Library. [In Arabic]
Majlisi, M. T. (1985). Rawzat al-Muttaqin. Qom: Kushanbur Islamic Cultural Institute. [In Arabic]
Maghrebi, N. (1965). Daaem al-Islam. Qom: Al-Bayt Institute. [In Arabic]
Mofid, M. (1992). Al-Fusul al-Mokhtarah. Qom: Sheikh Mofid Congress. [In Arabic]
Mofid, M. (1992). Al-Moghneah. Qom: Hazara Sheikh Mofid World Congress. [In Arabic]
Mofid, M. (1992). Al-Masa’il al-Saghaniyyah. Qom: Sheikh Mufid’s World Congress of the Thousand. [In Arabic]
Mousavi Bojnourdi, S. M. (2006). A woman’s inheritance from her husband with an approach from the point of view of Imam Khomeini. Matin Quarterly, 30, 3-30. [In Persian]
Najafi, M. H. (1983). Jawaher al-Kalaam fi Sharh Shar’e’ al-Islam. Beirut: Dar Ihya al-Turaht al-Arabi. [In Arabic]
Najafi Borujerdi, M. T. (Undated). Resaleh Nokhbah al-Afkar. Qom: Islamic Publications Office. [In Arabic]
Naqibi, S. A. (2008). The theory of rejecting the excess obligation to a wife. Specialized Journal of Fiqh and Family Law, 13, 63-75 [In Persian]
Rabbani, M. (2023). The true and legal position of women in Islam. Applied Research in Management and Humanities, 11, 187-198. [In Persian]
Rezaei Rad, A. (2011). A reflection on the reform of women's inheritance law in Iran. Jurisprudence and Fundamentals of Islamic Law, 1, 55-76. [In Persian]
Safar, M. (1983). Basaer al-Darajat. Qom: Ayatollah al-Marashi al-Najafi Library. [In Arabic]
Sabzevari, M. B. (2002). Kefayah al-Ahkam. Qom: Islamic Publications Office. [In Arabic]
Seyyed Murteza, A. (1994). Al-Entesar. Qom: Islamic Publications Office. [In Arabic]
Shahroudi, S. M. (2005). Fiqh according to the religion of Ahl al-Bayt, peace be upon them. Qom: Islamic jurisprudence encyclopedia institute on the religion of Ahl al-Bayt. [In Arabic]
Sharani, A. (1985). Hashiah Al-Wafi. Isfahan: Library of Imam Amir al-Mu'menin Ali. [In Arabic]
Tousi, M. (1970). Al Estebsar. Tehran: Dar al-Kutub al-Islamiyyah. [In Arabic]
Tousi, M. (1986). Tahzeeb al-Ahkam. Tehran: Islamic Bookstore. [In Arabic]
Tousi, M. (1979). Al nehayah. Beirut: Dar al-Kitab al-Arabi. [In Arabic]
Watani, A. (2003). Critique and study of articles 946 and 947 of the Civil Code regarding the wife’s deprivation of some inheritances. Matin Research Journal, 20, 187-214. [In Persian]
Biannual Journal of Family Law And Jurisprudence

Articles in Press, Accepted Manuscript
Available Online from 12 February 2026