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Women's Inheritance Laws In Islam

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Women's Inheritance Laws In Islam Empty Women's Inheritance Laws In Islam

Post by Adminkunlex on Fri Nov 15, 2019 8:58 pm

{For men is a share of what the
Concerning inheritance, Allah The Almighty Says
(what means):
parents and close relatives leave, and for
women is a share of what the parents and close
relatives leave, be it little or much -- an
obligatory share.}
[Quran 4:7]
Thus, Allah The Almighty assigned a known share of
inheritance to women and men.
Commenting on the occasion, in relation to which this
verse was revealed, Imaam Al-Qurtubi may Allah
have mercy upon him said:
When Allah The Almighty mentions issues related to
orphans, He connected that with talking about
inheritance. This verse was revealed in relation to
Aws ibn Thaabit Al-Ansaari, may Allah be pleased
with him, who died and left a woman called Umm
Kujjah, may Allah be pleased with her, and three
daughters. Two men, Suwayd and ‘Arfajah, who
were cousins of the deceased and his trustees, seized
his estate and did not give any money to either his
wife or daughters. In the pre-Islamic era, women and
little children were not given any share of the
inheritance under the pretext that only those who
fought on horseback with spears and swords and
gained booty were exclusively entitled to inheritance.
Umm Kujjah,may Allah be pleased with her, reported
her case to the Messenger of Allah sallallaahu `alayhi
wa sallam ( may Allah exalt his mention) who
consequently summoned these two men.
They said, “O Messenger of Allah, her children cannot
ride a horse (to fight), nor can they help the poor and
destitute, nor can they ward off the enemies.”
Therefore, the Messenger of Allah sallallaahu `alayhi
wa sallam (may Allah exalt his mention) said: “Go
until I see what Allah will ordain regarding them.”
Then, Allah The Almighty revealed this verse
answering these two men and refuting their saying
and ignorant attitude, since young heirs were more
entitled to the money than the older ones, because
they are incapable of managing their own affairs and
considering their own benefits. Those two men,
however, reversed the case and revoked the
rationale behind inheritance, and thus, they strayed
by following their own desires, adopted mistaken
opinions and misbehaved.
Have you seen the like of this defense in favor
of women’s rights? This woman did not find
support except in the Sharee‘ah (Islamic
legislation) of Allah The Almighty.
Also, Allah The Almighty Says (what means): {O you
who have believed, it is not lawful for you to
inherit women by compulsion. And do not make
difficulties for them in order to take [back] part
of what you gave them unless they commit a
clear immorality. And live with them in kindness.
For if you dislike them -- perhaps you dislike a
thing and Allah makes therein much good.} [Quran
4:19]
Furthermore, Allah The Almighty specified the shares
of men and women of inheritance, Saying (what
means): {Allah instructs you concerning your children:
for the male, what is equal to the share of two
females. But if there are [only] daughters, two or
more, for them is two thirds of one's estate. And if
there is only one, for her is half. And for one's
parents, to each one of them is a sixth of his estate if
he left children. But if he had no children and the
parents [alone] inherit from him, then for his mother
is one third. And if he had brothers [or sisters], for his
mother is a sixth, after any bequest he [may have]
made or debt. Your parents or your children - you
know not which of them are nearest to you in
benefit. [These shares are] an obligation [imposed] by
Allah. Indeed, Allah is ever Knowing and Wise. And
for you is half of what your wives leave if they have
no child. But if they have a child, for you is one fourth
of what they leave, after any bequest they [may
have] made or debt. And for the wives is one fourth
if you leave no child. But if you leave a child, then for
them is an eighth of what you leave, after any
bequest you [may have] made or debt. And if a man
or woman leaves neither ascendants nor descendants
but has a brother or a sister, then for each one of
them is a sixth. But if they are more than two, they
share a third, after any bequest which was made or
debt, as long as there is no detriment [caused]. [This
is] an ordinance from Allah, and Allah is Knowing and
Forbearing. These are the limits [set by] Allah , and
whoever obeys Allah and His Messenger will be
admitted by Him to gardens [in Paradise] under which
rivers flow, abiding eternally therein; and that is the
great attainment. And whoever disobeys Allah and
His Messenger and transgresses His limits - He will
put him into the Fire to abide eternally therein, and
he will have a humiliating punishment.} [Quran
4:11-14]
Thus, Allah The Almighty allocates women a known
and specific share of inheritance. Anyone who
deprives them of their share is a wrongdoer who will
be punished eternally in Hell suffering a humiliating
torment.
Along with this allocated share of inheritance to
women, Allah did not make it obligatory for them to
provide for the family; rather, He made it the men’s
responsibility to provide for the women under their
care.
Allah The Almighty Says (what means): {Men are in
charge of women by [right of] what Allah has given
one over the other and what they spend [for
maintenance] from their wealth.} [Qur'an 4:34]
Also, the Messenger of Allah,sallallaahu`alayhi wa
sallam (may Allah exalt his mention), said: “The
woman’s right over her husband is to provide her
with food when he eats and with clothes when he
gets clothed, and not to hit her face, nor insult her,
nor forsake her except at home.
Regarding the parents’ gifts to their children, the
Messenger of Allah, sallallaahu `alayhi wa sallam
(may Allah exalt his mention ), said: “Be fair to your
children when it comes to giving gifts, for if I were to
favor anyone, I would favor women.”
Islam granted women complete financial liberty and
made them financially independent of their husbands;
if they wish, they may give them or not.
Allah The Almighty Says (what means):
{And give
the women [upon marriage] their [bridal] gifts
graciously. But if they give up willingly to you
anything of it, then take it in satisfaction and
ease.}
[Qur'an 4:4]
Following is a situation that confirms the woman’s
complete independent financial liability in Islam. It
was narrated on the authority of ‘Ataa’ may Allah
have mercy upon him that he said, “I testify that Ibn
‘Abbaas testifies that the Messenger of Allah
sallallaahu `alayhi wa sallam (may Allah exalt his
mention) went to the prayer site on the day of ‘Eed
Al-Fitr, prayed and then delivered a Khutbah.
Accompanied by Bilaal, he went to the women and
commanded them to give charity, so they started to
throw their charity towards them.”
Islam considers women to be in full possession of
their mental faculties and nature, thus, they do not
need financial guardianship on their property. Rather,
they are competent to dispose of their money in their
own way and they are totally free in this regard.
This is the stance of Islam on women’s
inheritance as outlined in the Quran and the
Sunnah (tradition).

https://www.islamweb.net/en/article/163513/womens-inheritance-laws-in-islam

Adminkunlex
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