Giving women gifts as a compensation for taking their inheritance

During the Jaahiliyyah, the wealth of the deceased would be
given to his oldest son; if he had no son then it would go to his brother or
paternal uncle. Children and women did not inherit, on the grounds that they
could not protect that which should be protected (one’s family and one’s
honour), nor did they fight or earn booty in war. 

All of these are jaahili ideas which have been revived in the
hearts of some of those whose nature has become distorted in these times.
Islam came to declare the Jaahili system of inheritance to be false in
general terms, as Allaah says (interpretation of the meaning): 

“There is a share for men and a share for women from what
is left by parents and those nearest related, whether, the property be small
or large — a legal share”

[al-Nisa’ 4:7]

Then the verses were
revealed which explain how the estate is to be shared out among women and
men, with justice and wisdom from the Wisest of rulers. 

See al-Tahqeeqaat al-Mardiyyah fi’l-Mabaahith al-Fardiyyah,
p. 17 

From this it may be
understood that depriving women of their inheritance with no legitimate
shar’i reason is a serious crime and a transgression against the laws of
Allaah and His sacred limits. Allaah says, following the verses on
inheritance (interpretation of the meaning): 

“These are the limits
(set by) Allaah (or ordainments as regards laws of inheritance), and
whosoever obeys Allaah and His Messenger (Muhammad) will be admitted to
Gardens under which rivers flow (in Paradise), to abide therein, and that
will be the great success.

14. And whosoever
disobeys Allaah and His Messenger (Muhammad), and transgresses His limits,
He will cast him into the Fire, to abide therein; and he shall have a
disgraceful torment”

[al-Nisa’ 4:13-14]

and it was proven in the hadeeth of Abu Umaamah that the
Messenger of Allaah (peace and blessings of Allaah be upon him) said:
“Whoever appropriates the right of a Muslim by means of a (false) oath,
Allaah would decree Hell-fire forhim and would
forbid Paradise to him.” Aman said to him: “O
Messenger of Allah, even if it issomething
insignificant?” He said: “Even if it is the twig of the arak tree.” 

With regard to giving women gifts to make up for not being
given their inheritance etc, this does not do any good at all and does not
absolve the sin of the one who does that, no matter what he gives, even if
he were to give them gifts that are worth more than their inheritance,
because he is giving them that as a gift and he is not giving them the share
of inheritance that is theirs according to sharee’ah. 

If he gives it to them on the basis that it is compensation
for them, instead of their rights of inheritance, that will not do any good
at all either, because a gift is one thing and sales and compensation are
something else. Their rightful inheritance must be given to them, and they
must be enabled to dispose of it by keeping it as it is, selling it, giving
it away or whatever else an owner is entitled to do with his property. 

With regard to keeping the inheritance under the control of
men, forcing women to sell it to them or to give it up in return for some
compensation, or with no compensation, this is not permitted, rather this is
usurping and oppression. Allaah says (interpretation of the meaning): 

“O you who believe! Eat not up your property among
yourselves unjustly except it be a trade amongst you, by mutual consent”

[al-Nisa’ 4:29]

And the Prophet
(peace and blessings of Allaah be upon him) said: “Transactions can only
take place by mutual consent.” Narrated by Ibn Maajah, 2185; classed as
saheeh by al-Albaani in Saheeh Ibn Maajah. 

And he (peace and blessings of Allaah be upon him) said:
“It is not permissible (to take) a person’s property except with his
consent.” Narrated by Ahmad, 20172; classed as saheeh by al-Albaani in
Saheeh al-Jaami’, no. 7662. 

The same applies if what
makes a woman sell is her shyness in front of men and her eagerness to
please them, because of the general meaning of the evidence quoted above. 

Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) said: 

A sale is not valid if it is based on compulsion, except when
there is a justifiable reason for that. If an unjust ruler forces a person
to sell this product to someone and he sells it, that transaction is not
valid, because it was not based on mutual consent. Similarly, if you know
that this vendor is selling to you out of shyness or embarrassment, it is
not permissible for you to buy from him so long as you know that if it were
not for his shyness or embarrassment he would not be selling it to you. 

Al-Sharh al-Mumti’, 8/121 

The sin is compounded
further if the women who is being deprived of her inheritance is an orphan,
i.e., she has not yet reached the age of puberty and her father has died,
and she has been deprived of her inheritance, because that is a
transgression of the limits set by Allaah, and also comes under the heading
of consuming orphans’ wealth. Allaah says (interpretation of the meaning): 

“Verily, those who
unjustly eat up the property of orphans, they eat up only fire into their
bellies, and they will be burnt in the blazing Fire!”

[al-Nisa’ 4:10]

And Allaah knows best.