Islamic Principle Of Benefits In Accordance With The Scale Of Responsibility

1- In Inheritance

In Islam, a daughter receives half the share of inheritance compared with the son in accordance with the following Qur'anic injunction:

"Allah commands you as regards your children's (inheritance): to the male, a portion equal to that of two females;" (Qur’an 4:11)

If the daughter has no brothers and only women are the heirs, then this principle does not apply. The ruling of giving a woman half the share of a man seems unjust at first glance, but in fact it is more generous to women. It is based on the Shari 'ah (Islamic Laws) principle of "Benefits in accordance with the scale of responsibility."

To illustrate, a brother will inherit twice the sum his sister inherits. What she inherits is hers to keep and she need not spend it on anyone, even her husband though he may be poor. The brother is, however, responsible for maintaining his family, which includes his unmarried sister, surviving parent, wife and children. At the time of his marriage, he will have to pay bridal money to his wife as well as provide for her throughout their married life. The sister will in contrast receive bridal money and will be maintained by her husband. Any income she has and her share of inheritance is hers exclusively, with which her family cannot interfere.

It seems that this same wisdom is behind the 'Aqiqah ceremony when the two sheep are sacrificed at the birth of a male child, and one sheep at the birth of a female child. This principle of benefits according to responsibility has wide applications in Islam.

For example, after a battle the Prophet would distribute the captured booty on the same principle by giving two shares to the cavalry and one share to the infantry. (Musnad Ibn Abu Shaibah)

2- Blood Money

According to the principle of 'Benefits according to responsibility', the blood money of a woman is half that of a man. It is important to remember that blood money is not the price for the soul of a murdered person, as there can be no such price. It is instead a small compensation for the financial sufferings of the deceased's family. Men are usually the breadwinners and maintainers of their families, so the financial sufferings are greater if the man is killed, but if the murder victim was a woman who was the sole breadwinner for her family, then the Qadi (judge) has the authority to increase her blood money.

A precedent for such an increase is found in the Qur'aan where it allows the Qadi to double the blood money of a person murdered within the precincts of the Sacred Cities, Makkah and Al-Madinah. The wisdom behind is that just as virtuous actions are rewarded more if practiced within Al-Haram (the sanctuary), so the punishment for crimes or sins within Al-Haram is also increased.