After discussing the state of women’s heritage before Islam and the oppressions they faced—wherein carnal desires often played a significant role, and corrupt laws and systems permitted various forms of injustice—we turn our attention to Islam’s role concerning women’s heritage. Islam, with its light and justice, aimed to eliminate the oppression and injustice that had been inflicted upon women. It sought to affirm that women are equal to men and that no one has the right to diminish their status. One of the key rights Islam established for women is the right to inheritance, an inalienable right granted by Islam. As Allah the Exalted says:
«وَلَهُنَّ مِثْلُ الَّذِي عَلَيْهِنَّ بِالْمَعْرُوفِ» “Women have rights over their husbands, just like husbands have rights over women.”
Just as men have rights over women, women also have rights over men, such as good company and not harming and…. The Prophet, may Allah bless him and grant him peace, says: “Women are like men.”
It is understood from the teachings of the Quran and Islam that the criterion of superiority of a person in the eyes of the Lord of the world is his piety, whether he is a man or a woman. Being male and female are two attributes that have no validity in the hereafter, and the criterion of superiority is only based on faith and piety.
The Almighty Allah says:
«آبَآؤُكُمْ وَأَبناؤُكُمْ لاَ تَدْرُونَ أَيُّهُمْ أَقْرَبُ لَكُمْ نَفْعاً فَرِيضَةً مِّنَ الله إِنَّ الله كَانَ عَلِيماً حَكِيماً» “You do not know whether your fathers are nearer to you in benefiting you or your children. The appointed portion [is] from Allah, verily Allah is Knowing [and] Wise “.
Almighty Allah has taken the matter of dividing the inheritance upon Himself and with his wisdom has determined the quotas and divided the inheritance of everyone by taking into account the expedients and benefits and if he left this important matter to humans, they would not know which is more useful, and which one is not, in this way the properties would be wasted, and for this reason, Allah the Almighty mentions “«كَانَ عَلِيماً حَكِيماً»” in the continuation of His word, which means that Allah Almighty is aware of the interests of His servants and has wisdom in what He imposes on His servants.
And also, Allah the Exalted says in another place:
«فَاسْتَجَابَ لَهُمْ رَبُّهُمْ أَنِّي لَا أُضِيعُ عَمَلَ عَامِلٍ مِنْكُمْ مِنْ ذَكَرٍ أَوْ أُنْثَى » “Their Lord answered them and said: I will not waste the work of any of you believers, male or female.” Allamah Sabuni said in the interpretation of this verse: “Allah Almighty has answered their prayer with this statement and said: Whoever works, it does not matter whether it is a woman or a man, Allah Almighty will not waste their wages.”
In the Islamic world, a movement started called “women’s freedom movement”, and they think that want to eliminate the oppression of women. Therefore, one of the feminist women in a meeting held on the topic of women’s rights, citing the verse: «للذَّكَرِ مِثْلُ حَظِّ الأنثيين» “For a male the share of two females” announced her motivation that Islam has persecuted women in the matter of inheritance.
Unfortunately, some Islamic governments also accepted the call of feminists and decreed that women should be equal to men in the matter of inheritance, and in this way they deviated from the ruling of Allah Almighty.
The enemies of Islam raise these doubts in the case of inheritance to arouse the feelings of Muslim women; while this is a false claim and the inheritance system in Islam is an exemplary and excellent system.
Islam has given the right of a woman to her, unlike the Arabs of the time of ignorance and many ancient nations and some Jewish and Christian groups and many contemporary nations who deprived women of their rights, which is one of the benefits that women have been deprived of it was heritage.
Islam has protected women’s rights based on justice and fairness. Islam has looked at the duties of a woman and the necessities of a man and has reconciled between them, and according to this comparison, it has determined the quota of each; as after reading the following lines, we realize that the justice is that the share of the son’s inheritance should be twice the share of the daughter’s inheritance.
In Islam, a woman is not responsible for her own maintenance, if she is a daughter, her maintenance is the responsibility of the father, and if she is a wife, her maintenance is the responsibility of the husband, and if she is a sister, her brother fulfills her needs. Islam has not required her to spend her property nowhere, even if this woman is a capitalist and her husband is poor; rather, it is necessary for this poor husband to borrow from someone else and spend on her.
A woman can sue her husband if he does not spend money, and if a woman has nothing to do and is poor, then her alimony is obligatory on the treasury and the wife must request it from the treasury. Because of the hardships a woman endures, such as breastfeeding, taking care of her children, housework, and taking care of her husband, Islamic Sharia has exempted her from earning money and ordered that there is no need for a woman to seek her own livelihood or someone else’s livelihood, because Islam does not want to put two burdens on women at the same time and has left the responsibility of business only on the shoulder of men.
And the issue of inheritance is not only this one rule of “For a male the share of two females”; rather, there are other situations in which the quota of women is more than the quota of men; If the deceased has no subordinate heirs and this woman is alone, in this case, the woman takes half of the deceased’s estate, or if the deceased has no subordinate heirs other than these two daughters and sisters, then this woman and her sister are entitled to two-thirds of the deceased’s estate.
If someone has a perspective on the inheritance and will system from the perspective of Islamic Sharia, he will soon realize that when Islam legitimized inheritance and will in Islamic families, it nourished pure feelings and wills among family members such as husbands, fathers and sons and joined their hearts together.
Islamic Sharia formalized inheritance in order to pay attention to the feelings and emotions of fatherhood, son ship, brotherhood and other kinship.
As it was said, it is the man who has to pay the alimony of his wife, and he is the one who gives the dowry and prepares a house and therefore woman saves money. If we look carefully, we find out that through marriage, the woman actually takes the share of the man’s inheritance, and this is while no one has the right to interfere with the share of the inheritance that she has taken, and this woman is not required anywhere to spend her money and capital on anything unless she wants to, even if this woman is rich and her husband is poor. Also, Islam does not give undue privilege to the elder brother in the matter of inheritance as it was customary in some religions, and they gave a special privilege to the big brother.
Also, in Islam, the inheritor is not allowed to bequeath something from his property to the person receiving the inheritance, that is, it is not possible for one person to receive an inheritance and make a bequest in his right; Rather, the will is valid and accepted for those close to them who do not inherit, and this law is for the purpose of respecting the relatives and preserving the friendship and affection they have with each other between this family and the clan.
By admin2
