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Saturday, May 18, 2013

Financial Rights of Women

In Islam, greater financialsecurity is assured for women. Women in
Islam have been given more financial security, as compared to the men.
They are entitled to receive marital gifts, to keep present and
future properties and income for their own security. Nomarried woman
is required to spend a penny from her property and income on the
household. She is entitledto full financial support during marriage
and during her 'Iddah (waiting period after divorce) in case of
divorce- and if she has children, she is also entitled for child
support.
No Financial Responsibility:
A w om a n in Islam does not shoulder any financial obligations; it is
the man who shoulders this responsibility in the family. It is the
duty of the father or the brother,before she is married to look after
her lodging, boarding, clothing and financial aspects, and it becomes
the duty of her husband or her son, aftershe is married.
If a Woman works, whichshe is not forced to – all earnings she makes
are absolutely her property. She is not obliged to spend from it on
the household, unless she wants to do so with her free will.
Irrespective how rich the wife is, the duty to give lodging, boarding,
clothing and look after the financial aspects of the wife remains that
of the husband.
Her property as a Wife:
Since its advent, Islam has granted married women the independent
personality. In Islam, the bride and her family are under no
obligation whatsoever to present a gift to the groom. It is thegroom
who must presentthe bride with a marriage gift. This gift is
considered her property and neither the groom nor the bride's family
have any share in or control over it. The bride retains her marriage
giftseven if she is later divorced. The husband is not allowed any
share in his wife's property except what she offers him with her free
consent. The Quran has stated the Islamic position on this issue quite
clearly in the verse (which means): "And givethe women [upon marriage]
their [bridal] gifts graciously. But if they give up willingly to you
anything of it, then take it in satisfaction andease" [Quran 4:4]
The wife's property and earnings are under her full control and for
her use alone since her, and the children's, maintenance is her
husband's responsibility. No matter how rich the wife might be, she is
not obliged to act as a co-provider for the family unless she herself
voluntarily chooses to do so. Spouses do inherit from one another.
Moreover, a married woman in Islam retains her independent legal
personality and her family name.
Inheritance:
Centuries ago, Islam gavethe right of inheritance to women. If one
reads the Quran - in several verses in Chapters like [Quran 4], [Quran
2] and [Quran 5], it is mentionedthat a woman has a right to inherit,
regardless of her status; whether she isa wife, a mother, a sister, or
a daughter.
Generally, a Muslim woman is guaranteed support in all stages of her
life, as a daughter, wife, mother, or sister. These additional
advantages of women over men are somewhat balanced by the provisions
of the inheritance which allow the male, in most cases, to inherit
twice as much as the female. This meansthat the male inherits more but
is responsible financially for other females: daughters, wives,
mother, and sisters, while the female (i.e., a wife) inherits less but
keeps it all for investment and financial security without any
obligation to spend any part of it even for her own sustenance (food,
clothing, housing, medication, etc.).
One of the most important differences between the Quran and other
faiths is the attitude towards female inheritance of the property of a
deceased relative. Islam abolished all unjust customs and gave all the
female relatives inheritance shares, unlike other faiths. In The
Quran, Allaah Says (what means): "From what is left by parents and
those nearest related there is a share for men and a share for women,
whether the property be small or large --a determinate share"
[Quran4:7]
Muslim mothers, wives, daughters, and sisters had received inheritance
rights thirteen hundred years before Europe recognized that these
rights even existed. The division of inheritance is a vast subject
with an enormous amount of details in different versesin the Quran,
such as [Quran 4:7,11,12,176].
Rational justification of shares:
The general rule is that the female share is half the male's except
the cases in which the mother receives equal share to that of the
father. This general rule, if taken in isolation from other
legislations concerning men and women, may seem unfair. In order to
understand the rationale behind this rule, one must take into account
the fact that the financialobligations of men in Islam far exceed
those of women, as we stated earlier.
A bridegroom must provide his bride with a marriage gift, which
becomes her exclusive property and remains so even if she is later
divorced. The bride is under no obligation to present any gifts to her
groom. Moreover, the Muslim husband is charged with the maintenance of
his wife and children. The wife, on the other hand, is not obliged to
help him in this regard. Her property and earnings are for her use
alone except what she may voluntarily offer her husband.
Besides, one has to realize that Islam fervently advocates family
life. It strongly encourages youth to get married, discourages
divorce, and does not regard celibacy as a virtue. Therefore, in a
truly Islamic society, family life is the norm and single life is the
rare exception. That is, almost all marriage-aged women and men are
married in an Islamic society. In light of these facts, one would
appreciate that Muslim men, in general, have greater financial
burdensthan Muslim women and thus inheritance rules aremeant to offset
this imbalance so that the society lives free of all gender or class
wars. After a simple comparison between the financial rights and
duties of Muslim women, one can safely state that Islam has treated
women not only fairly but generously.
Compulsory Marital Gift for a Woman:
When a woman gets married, she is on the receiving end. She receives
a gift - she receives a marital gift, which, in Arabic, is called
Mahr. This is mentioned in the Quran in the verse which says (what
means): "And give the women (on marriage) their dower as a free gift;
but if they, Of their own good pleasure, remit any part of it to you,
take it and enjoy it with right good cheer" [Quran 4:4]
For a marriage to solemnize in Islam, Mahr is compulsory. However, in
Islam, there is no lower-limit, nor is there an upper limit for Mahr -
but Islam encourages lower Mahr, because an inflated Mahr would burden
the couple (and not only the husband) and makes them start their lives
with a negative balance, or at least financially exhausted.
There are various cultures which have creptinto the Muslim societies,
which reversed the issue and made the financial obligations of the
marriage lie on the shoulder of the wife (to be) and her family.
Demanding dowry from the wife, directly or indirectly is prohibited
inIslam. Nonetheless, if the parents of the girl give her something
out of their own free will, then this is accepted - But demanding or
forcing directly or indirectly, it is prohibited in Islam. - -
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