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| Islamic Inheritance laws? |
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| Ruqayyah |
| 11/23/03 at 14:54:04 |
| [slm] In his yearly tradition, at our islamic medical assocation meeting, one of our physician professors at medschool (who happens to be muslim) goes over, point by point, why he doesn't believe in the "social traditions" of islam. One of the things he talked about was the inheritance laws. he basically didn't believe that women should get different amounts than men. so does anyone have a good resource on inheritance laws that is easy to read and goes into the reasoning behind the laws? as an aside, it's really frustrating to see muslim people in high places with so much influence deny the rules of Islam that have been practiced for centuries. Does he really think he knows better than Allah swt? [wlm] |
| 11/23/03 at 14:54:59 |
| Ruqayyah |
| Re: Islamic Inheritance laws? |
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| AbdulJalil |
| 11/23/03 at 15:38:04 |
| Assalamu Alaikum This is by Dr. Zakir Naik Question: Under Islamic law, why is a woman’s share of the inherited wealth only half that of a man? Answer: The Glorious Qur’an contains specific and detailed guidance regarding the division of the inherited wealth, among the rightful beneficiaries. The Qur’anic verses that contain guidance regarding inheritance are: * Surah Baqarah, chapter 2 verse 180 * Surah Baqarah, chapter 2 verse 240 * Surah Nisa, chapter 4 verse 7-9 * Surah Nisa, chapter 4 verse 19 * Surah Nisa, chapter 4 verse 33 and * Surah Maidah, chapter 5 verse 106-108 There are three verses in the Qur’an that broadly describe the share of close relatives i.e. Surah Nisah chapter 4 verses 11, 12 and 176. The translation of these verses are as follows: "Allah (swt) (thus) directs you as regards your children’s (inheritance): to the male, a portion equal to that of two females, if only daughters, two or more, their share is two-thirds of the inheritance; If only one, her share is a half. For parents, a sixth share of the inheritance to each, if the deceased left children; If no children, and the parents are the (only) heirs, the mother has a third; if the deceased left brothers (or sisters) the mother has a sixth. (The distribution in all cases is) after the payment of legacies and debts. Ye know not whether your parents or your children are nearest to you in benefit. These are settled portions ordained by Allah; and Allah is All-Knowing, All-Wise. In what your wives leave, your share is half. If they leave no child; but if they leave a child, ye get a fourth; after payment of legacies and debts. In what ye leave, their share is a fourth, if ye leave no child; but if ye leave a child, they get an eight; after payment of legacies and debts. If the man or woman whose inheritance is in question, has left neither ascendants nor descendants, but has left a brother or a sister, each one of the two gets a sixth; but if more than two, they share in a third; after payment of legacies and debts; so that no loss is caused (to anyone). Thus it is ordained by Allah; and Allah is All-Knowing Most Forbearing" [Al-Qur’an 4:11-12] "They ask thee for a legal decision. Say: Allah directs (them) about those who leave no descendants or ascendants as heirs. If it is a man that dies, leaving a sister but no child, she shall have half the inheritance. If (such a deceased was) a woman who left no child, Her brother takes her inheritance. If there are two sisters, they shall have two thirds of the inheritance (between them). If there are brothers and sisters, (they share), the male having twice the share of the female. Thus doth Allah (swt) makes clear to you (His knowledge of all things). [Al-Qur’an 4:176] In most of the cases, a woman inherits half of what her male counterpart inherits. However, this is not always the case. In case the deceased has left no ascendant or descendent but has left the uterine brother and sister, each of the two inherit one sixth. If the deceased has left children, both the parents that is mother and father get an equal share and inherit one sixth each. In certain cases, a woman can also inherit a share that is double that of the male. If the deceased is a woman who has left no children, brothers or sisters and is survived only by her husband, mother and father, the husband inherits half the property while the mother inherits one third and the father the remaining one sixth. In this particular case, the mother inherits a share that is double that of the father. It is true that as a general rule, in most cases, the female inherits a share that is half that of the male. For instance in the following cases: 1. daughter inherits half of what the son inherits, 2. wife inherits 1/8th and husband 1/4th if the deceased has no children. 3. Wife inherits 1/4th and husband 1/2 if the deceased has children 4. If the deceased has no ascendant or descendent, the sister inherits a share that is half that of the brother. In Islam a woman has no financial obligation and the economical responsibility lies on the shoulders of the man. Before a woman is married it is the duty of the father or brother to look after the lodging, boarding, clothing and other financial requirements of the woman. After she is married it is the duty of the husband or the son. Islam holds the man financially responsible for fulfilling the needs of his family. In order to do be able to fulfill the responsibility the men get double the share of the inheritance. For example, if a man dies leaving about Rs. One Hundred and Fifty Thousand, for the children (i.e one son and one daughter) the son inherits One Hundred Thousand rupees and the daughter only Fifty Thousand rupees. Out of the one hundred thousand which the son inherits, as his duty towards his family, he may have to spend on them almost the entire amount or say about eighty thousand and thus he has a small percentage of inheritance, say about twenty thousand, left for himself. On the other hand, the daughter, who inherits fifty thousand is not bound to spend a single penny on anybody. She can keep the entire amount for herself. Would you prefer inheriting one hundred thousand rupees and spending eighty thousand from it, or inheriting fifty thousand rupees and having the entire amount to yourself? ----------------------------------------------------------------------------------------------- This is From “Islam in Focus” by DR. HAMMUDAH ABDALATI “Apart from recognition of woman as an independent human being acknowledged as equally essential for the survival of humanity, Islam has given her a share of inheritance. Before Islam, she was not only deprived of that share but was herself considered as property to be inherited by man. Out of that transferable property Islam made an heir, acknowledging the inherent human qualities in woman. Whether she is wife or mother, a sister or daughter, she receives a certain share of the deceased kin's property, a share which depends on her degree of relationship to the deceased and the number of heirs. This share is hers, and no one can take it away or disinherit her. Even if the deceased wishes to deprive her by making a will to other relations or in favor of any other cause, the Law will not allow him to do so. Any proprietor is permitted to make his will within the limit of one-third of his property, so he may not affect the rights of his heirs, men and women. In the case of inheritance, the question of equality and sameness is fully applicable. In principle, both man and woman are equally entitled to inherit the property of the deceased relations but the portions they get may very. In some instances man receives two shares whereas woman gets one only. This is no sign of giving preference or supremacy to man over woman. The reasons why man gets more in these particular instances may be classified as follows: First, man is the person solely responsible for the complete maintenance of his wife, his family and any other needy relations. It is his duty by Law to assume all financial responsibilities and maintain his dependents adequately. It is also his duty to contribute financially to all good causes in his society. All financial burdens are borne by him alone. Secondly, in contrast, woman has no financial responsibilities whatsoever except very little of her personal expenses, the highly luxurious things that she likes to have. She is financially secure and provided for. If she is a wife, her husband is the provider; if she is a mother, it is the son; if she is a daughter, it is the father; if she is a sister; it is the brother, and so on. If she has no relations on whom she can depend, then there is no question of inheritance because there is nothing to inherit and there is no one to bequeath anything to her. However, she will not be left to starve; maintenance of such a woman is the responsibility of the society as a whole, the state. She may be given aid or a job to earn her living, and whatever money she makes will be hers. She is not responsible for the maintenance of anybody else besides herself. If there is a man in her position, he would still be responsible for his family and possibly any of his relations who need his help. So, in the hardest situation her financial responsibility is limited, while his is unlimited. Thirdly, when a woman gets less than a man does, she is not actually deprived of anything that she has worked for. The property inherited is not the result of her earning or endeavors. It is something coming to them from a neutral source, something additional or extra. It is something that neither man nor woman struggled for. It is a sort of aid, and any aid has to be distributed according to the urgent needs and responsibilities, especially when the distribution is regulated by the Law of God. Now, we have a male heir, on one side, burdened with all kinds of financial responsibilities and liabilities. We have, on the other side, a female heir with no financial responsibilities at all or at most with very little of it. In between we have some property and aid to redistribute by way of inheritance. If we deprive the female completely, it would be unjust to her because she is related to the deceased. Likewise, if we always give her share equal to the man's, it would be unjust to him. So, instead of doing injustice to either side, Islam gives the man a larger portion of the inherited property to help him to meet his family needs and social responsibilities. At the same time. Islam has not forgotten her altogether, but has given her a portion to satisfy her very personal needs. In fact, Islam in this respect is being more kind to her than to him. Here we can say that when taken as a whole the rights of woman are equal to those of man although not necessarily identical (see Qur'an, 4:11-14, 176). ------------------------------------------------------------------------------------------------------------------------- ------------------------------------------------------------------------------------------------------------- Inheritance Law in Islam and Women By Anjuam Ara Inheritance is the transfer of legal possession of deceased persons onto their descendants. It is really a very tough job to determine the justified quantity or ratio of assets to be distributed among the dependants and relatives. According to the Confucious philosophy like many other religions the eldest son enjoys the right of possessing the total assets of father (that is called the 'right of primogeniture'). Other systems prevalent throughout the world, with a very little variation, are very much one eyed towards women and in other words unjustified. According to the Encyclopaedia Americana, in English Common law all the real property held by a woman at the time of her marriage became the property of her husband-he was entitled to the rent from the land and any profit that might be made from managing it. It was not until the late 1870s onwards in Europe that married women achieved the right to enter contracts and own property. In France this right was not recognized until 1938. Many western writers have expressed astonishment that Islam should have recognized property rights for women as early as the 670th CE; this is because they wonder how Muhammad (SAWS) could have initiated these rights for women at a time when women themselves were considered object of inheritance and abuse. They forget that Prophet Muhammad (SAWS) himself was not the maker of these laws, but it was Allah (SWT) who acts unbiased to any social environment. (Ref. G-15; The Islamic Teaching Course; Vol. 3). During the time of Prophet (SAWS) women themselves were objects of inheritance and they were considered part of the possession of a man. At such a critical juncture of history Islam brought about a revolution in the domain of human thought and outlook towards women and established the right of women to inherit and has distributed the inheritance in a very upright way. This determined share is calculated by Allah Himself and can't be changed. "To everyone, we have appointed shares and heirs to property left by parents and relatives…." (Surah Nisa-33) The Islamic law of inheritance is extremely detailed and it is based on two most salient features: A The extent of the share of inheritance is dependent on the closeness of the heirs' relationship to the deceased. "Blood-relations among each other have closer ties, in the Book of Allah than (the bropherhood of) believers and Muhajirs" (Surah Ahjab-6) And in another verse- "From that is left by parents and those nearest related there is a share for men and a share of women, whether the property be small or large-a determined share.' (Surah Nisa-7) B. In most cases, man's share of the inheritance is the twice of woman's. "Allah (thus) directs you as regards your children's (inheritance) to the male, a portion equal to that of two females, if only daughter, two or more, their share is two-thirds of the inheritance, if only one her share is a half." (Surah Nisa: 11). Actually this is due to the variant financial responsibilities of the male toward family and relatives. Moreover, this is astonishing that according to the Qur'an 12 persons have been declared as Jawil Furuz (determined share-holders) in respect of inheritance where only four persons are men and the rest eight are women. That means that Islam has shown its utmost seriousness about ensuring the portion of women, as they had been the most deprived ones before the advent of Islam. Islam has determined the share of daughter (as she has the status of Jawil Furuz) but did not determined the share of son (as his status is one of Asaba). But western world seems very much concerned regarding the share of woman and they think that in Islam women's share in inheritance is unfair and unjustified. The fact is that in Islamic law as a whole, women are much more favored financially than their male counterparts for the following reasons: 1 Before marriage any gift given by the woman's fiancé is her own and her husband has no legal right to claim on it even after marriage. 2 On marriage she is entitled to receive a marriage gift (Mohr) and this is her own property. 3 Even if the wife is rich, she is not required to spend a single penny for household; the full responsibility for her food, clothing, housing, medications and recreation etc. are her husband's. 4 Any income the wife earns through investment or working is entirely her own. 5 In case of divorce, if any deferred part of the Mohr is left unpaid, it becomes due immediately. 6 The divorcee woman is entitled to get maintenance from husband during her waiting period (iddat). Thus one can see that men need extra share to discharge the family responsibility, social responsibility etc. incumbent upon him. Herein I would like to take the privilege quoting some other Qur'anic verses regarding the share of women in inheritance: "In what your wives leave, your share is a half, if they leave no child; but if they leave a child, you get a fourth; after payment of legacies and debts. In what you leave, their (wives') share is a fourth, if you leave no child; if you leave a child, they get an eighth; after payment of legacies and debts…." ( Surah Nisa-12). "Allah directs about those who leave no descendants or ascendants as heirs: If it is a man that dies, leaving a sister but no child, she shall have half the inheritance." (Surah Nisa-176) Thus it becomes crystal clear that the inheritance of Islam gives to women is quite respectable share-without rendering upon her financially any family or social responsibilities. Bibliography: Codified Islamic Law, Islamic Foundation Islamic Teaching Course, By Dr. Jamal Badawi Rights of Women in Islamic Inheritance and Farayez, By Moulana Fazlur Rahman Ashrafi Social Laws of Islam, By Shah Abdul Hannan. -------------------------------------------------------------------------------------------------- In Christianity, the bible gives ZERO amount for a woman, if she has brothers ( in the OT). |
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