The Philosophy behind the Difference in Laws of Inheritance and  diya for Muslim Men and Women with a Focus on the Qur an and the Hadith

In the legal systems of Islam and of the Islamic Republic of Iran there exist certain differences in laws for men and women, which are sometimes subject to questions or criticism. One such issue is the inequality of men and women in inheritance and diya. An examination of Islamic juridical and legal rules reveals that ‘diya’ is described as blood money by some authorities in the subject, as a penalty by some others, and as restitution by others, while some other authorities consider it as having penal, substitutionaryand compensational, and preventive aspects. Moreover, the philosophy behind the difference between men and women with regards to ‘diya’ and inheritance is informed by another characteristic feature of the Islamic legal system, the one which burdens men with the responsibility of headship of the family and paying for the family expenses.