Concerning inheritance, Allaah The Almighty Says )what means(:}For men is a share of what the 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, Allaah 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 Allaah have mercy upon him, said:
When Allaah 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 Allaah be pleased with him, who died and left a woman called Umm Kujjah, may Allaah 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 Allaah be pleased with her, reported her case to the Messenger of Allaah, sallallaahu ‘alayhi wa sallam, who consequently summoned these two men.
They said, “O Messenger of Allaah, 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 Allaah, sallallaahu ‘alayhi wa sallam, said:“Go until I see what Allaah will ordain regarding them.”Then, Allaah 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 theSharee‘ah)Islamic legislation( of Allaah The Almighty.
Also, Allaah 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 Allaah makes therein much good.{]Quran 4:19[
Furthermore, Allaah The Almighty specified the shares of men and women of inheritance, Saying )what means(:}Allaah 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 Allaah. Indeed, Allaah 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 Allaah, and Allaah is Knowing and Forbearing. These are the limits ]set by[ Allaah , and whoever obeys Allaah 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 Allaah 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, Allaah 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, Allaah 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.
Allaah The Almighty Says )what means(:}Men are in charge of women by ]right of[ what Allaah has given one over the other and what they spend ]for maintenance[ from their wealth.{]Quran 4:34[
Also, the Messenger of Allaah,sallallaahu ‘alayhi wa sallam, 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 Allaah,sallallaahu ‘alayhi wa sallam, 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.
Allaah 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.{]Quran 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 Allaah have mercy upon him, that he said,“I testify that Ibn ‘Abbaas testifies that the Messenger of Allaah, sallallaahu ‘alayhi wa sallam, 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 mature, 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 theSunnah)tradition(.
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42- Islam protects the rights of the woman with regards to her health as it exempts her from fasting if she is breast-feeding or pregnant.
43- Islam protects the right of the woman in her bequest in the sense that she has the right to make a bequest of what she leaves after her death as shown in the statement of Allaah The Almighty )which means(:}After any bequest they ]women, may have[ made or debt.{]Quran 4:12[
44- Islam protects the right of the woman with regards to her body after her death - a right in which both the man and the woman are equal. The Prophet, sallallaahu ‘alayhi wa sallam, said:"Breaking the bone of the dead is )as detrimental( as breaking it when he is alive."
45- Islam protects the right of the woman in her grave - a right in which both the man and the woman are equal. The Prophet, sallallaahu ‘alayhi wa sallam, said:"It is better for any of you to sit on a piece of ember which will burn his garment and reach his skin than to sit on a grave."
46- Islam protects the rights of the woman in terms of the reckoning before the Lord of the Worlds, and this is common between the man and the woman, making them equal in reward and punishment in the Hereafter. Allaah The Almighty Says )what means(:
*}Indeed, the Muslim men and Muslim women, the believing men and believing women, the obedient men and obedient women, the truthful men and truthful women, the patient men and patient women, the humble men and humble women, the charitable men and charitable women, the fasting men and fasting women, the men who guard their private parts and the women who do so, and the men who remember Allaah often and the women who do so - for them Allaah has prepared forgiveness and a great reward.{]Quran 33:35[
*}Whoever does righteousness, whether male or female, while he is a believer - We will surely cause him to live a good life, and We will surely give them their reward ]in the Hereafter[ according to the best of what they used to do.{]Quran 16:97[
*}Whoever does an evil deed will not be recompensed except by the like thereof; but whoever does righteousness, whether male or female, while he is a believer - those will enter Paradise, being given provision therein without account.{]Quran 40:40[
*}And whoever does righteous deeds, whether male or female, while being a believer - those will enter Paradise and will not be wronged, ]even by as much as[ the speck on a date seed.{]Quran 4:124[
*}And their Lord responded to them, "Never will I allow to be lost the work of ]any[ worker among you, whether male or female; you are of one another.”{]Quran 3:195[
*}Allaah has promised the believing men and believing women gardens beneath which rivers flow, wherein they abide eternally, and pleasant dwellings in gardens of perpetual residence; but approval from Allaah is greater. It is that which is the great attainment.{]Quran 9:72[
*}]And[ that He may admit the believing men and the believing women to gardens beneath which rivers flow to abide therein eternally and remove from them their misdeeds - and ever is that, in the sight of Allaah, a great attainment.{]Quran 48:5[
*}On the Day you see the believing men and believing women, their light proceeding before them and on their right, ]it will be said[, "Your good tidings today are ]of[ gardens beneath which rivers flow, wherein you will abide eternally." That is what is the great attainment.{]Quran 57:12[
Thus, Islam reduced nothing from the right of the woman, nor did it humiliate her: on the contrary, it raised her high. It is sufficient for us to know that Allaah The Almighty eternalized her mention in His noble Book by having three Noble chapters concerning her: Soorat An-Nisaa’ )women(, Soorat Maryam )Mary( and Soorat At-Talaaq )divorce(, and it should be remembered that there is no Soorah carrying the name of Ar-Rijaal )men(.
Moreover, Allaah The Almighty mentioned man in terms of his being or his dealing with the deal with the most mundane of existence; he is a farmer dealing with the earth, cattle and animals, a man of industry dealing with inorganic material, and so on. However, when it comes to dealing with the woman, then she is the noblest thing in existence, i.e. a human being. The woman who is not convinced of this mission in life is indeed a woman doomed to failure.
Moreover, the Quran eternalized the mention of a woman in Soorat Al-Mujaadilah, and Islam respects her opinion, and placed her in the position of one who argued with and was involved in dialogue with the Messenger of Allaah, sallallaahu ‘alayhi wa sallam, and combined both in one address:}And Allaah hears your dialogue; indeed, Allaah is Hearing and Seeing.{]Quran 58:1[ It validated her opinion, which came to be a general and eternal law in Islam. In this way, Soorat Al-Mujaadalah was an effect of women-friendly thought and an eternal Divine page in which we see, across time, a form of respect that Islam expressed towards the woman's opinion. Islam does not regard the woman as simply a flower that the man enjoys smelling its fine scent of; rather, she is an intelligent, rational creature with an opinion to be taken into consideration, and this opinion has value and weight.
The Messenger of Allaah, sallallaahu ‘alayhi wa sallam, would say about himself:"I am the son of the )women called( ‘Awaatik )sing. ‘Aatikah( of the Quraysh."
The Prophet, sallallaahu ‘alayhi wa sallam, further said:"Women are peers of men."
The Prophet, sallallaahu ‘alayhi wa sallam, also said:"Whoever looks after three girls )daughters, sisters, etc(, will be admitted to Paradise and will have the reward of the Mujaahids )Holy warriors( who observe fasting )by day( and praying )at night(."
He, sallallaahu ‘alayhi wa sallam, also said:"The best of you is the best to his wives, and I am the best to my wives among you."
To guarantee that men would not overburden their women, the Messenger of Allaah, sallallaahu ‘alayhi wa sallam, said about them:"They were created from a crooked rib, and if you tried to straighten it, you would break it. So, deal with them gently perchance you would enjoy them."
It was narrated on the authority of Asmaa’ bint Abu Bakr, may Allaah be pleased with her, that she said: “During the period of the truce between the Quraysh and the Messenger of Allaah, sallallaahu ‘alayhi wa sallam, my mother, who was a polytheist, accompanied by her father, came to visit me. I sought the opinion of the Messenger of Allaah, sallallaahu ‘alayhi wa sallam, saying, ‘O Messenger of Allaah, my mother has come to me and she desires to receive kind treatment from me, shall I maintain kinship ties with her?’ He said:‘Yes, maintain kinship ties with her.’"
It was further narrated that a man came to the Messenger of Allaah, sallallaahu ‘alayhi wa sallam, and said, "O Messenger of Allaah, who among all people is the worthiest of my good company?” He said:“Your mother.”The man said, “Then, who comes next?” He said:“Your mother.”The man then asked, “Then, who comes next?” He said:“Your mother.”He asked )for the fourth time(, “Then, who comes next?” He said:“Then, your father.”
The Messenger of Allaah, sallallaahu ‘alayhi wa sallam, said:"If a woman performs the five )obligatory daily( prayers, fasts the month )of Ramadan(, maintains her chastity and obeys her husband, it will be said to her, 'Enter Paradise from whichever gate you like.’"
It is enough of an honor for the Muslim woman that the first person who believed in the Messenger of Allaah, sallallaahu ‘alayhi wa sallam, was his wife Khadeejah, may Allaah be pleased with her, and the first martyr in Islam was Sumayyah, the mother of ‘Ammaar ibn Yaasir, may Allaah be pleased with her, and the first to be entrusted with the noble Book of Allaah after having been collected was the Mother of the Believers, Hafsah bint ‘Umar, may Allaah be pleased with her.
The Prophet, sallallaahu ‘alayhi wa sallam, said:"The most perfect in faith among the believers are those who have the best morals and are the best to their wives."
The Prophet, sallallaahu ‘alayhi wa sallam, said:"The best of you is the best to his wives, and I am the best to my wives among you; and no one honors women but a noble man, and no one humiliates women but a wicked man."
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17- Islam even protects the lives of polytheistic women by forbidding their being killed in wars. It was narrated on the authority of Ibn ‘Umar, may Allaah be pleased with him, that he said, “A woman was found killed during one of the battles led by the Prophet, sallallaahu ‘alayhi wa sallam, thereupon he forbade killing women and children )in wars(." ]Al-Bukhaari, Muslim and others[
18- Islam protects the rights of the woman by prohibiting burying her alive and making it obligatory to provide her with a good upbringing and education. Allaah The Almighty Says )what means(:}And when the girl ]who was[ buried alive is asked - for what sin she was killed.{]Quran 81:8-9[ The Messenger of Allaah, sallallaahu ‘alayhi wa sallam, said:"Whoever has a female child whom he neither buries alive, nor humiliates, and never favors a male child of his over her, Allaah will admit him to Paradise.”
19- Islam protects the rights of the woman by considering her a fundamental component of goodness in the world and the Hereafter. The Messenger of Allaah, sallallaahu ‘alayhi wa sallam, said:"If one is given the following four, he will have the goodness of both the world and the Hereafter: a thankful heart, an ever-remembering tongue )that always remembers and mentions Allaah(, a persevering body )that is patient( when under ordeal and a wife who maintains his honor and property."
20- Islam protects the rights of the woman by considering her as the finest thing in this world. The Messenger of Allaah, sallallaahu ‘alayhi wa sallam, said:"The world is but enjoyment, and the finest enjoyment is a righteous woman )wife(."
21- Islam protects the rights of the woman by placing Paradise, the aim of all the believers, under her feet. What a great honor the woman has received in Islam! The Messenger of Allaah, sallallaahu ‘alayhi wa sallam, said:")The way to( Paradise lies beneath the feet of mothers."It was narrated that a man came to the Prophet, sallallaahu ‘alayhi wa sallam, and the Prophet, sallallaahu ‘alayhi wa sallam, asked him:"Do you have a mother )alive(?"He answered in the affirmative, thereupon, the Prophet, sallallaahu ‘alayhi wa sallam, said:"Then, stick to her, as )the way to( Paradise lies beneath her feet."
22- Islam protects the rights of the woman by removing from her the curse of perpetual sin which the previous religions stained her with; rather; Islam considers Hawwaa’ )Eve( and her husband, Aadam )Adam(, may Allaah exalt their mention, as having sinned and then been given repentance and forgiveness. Allaah The Almighty Says )what means(:
*}But Satan caused them to slip out of it and removed them from that ]condition[ in which they had been.{]Quran 2:36[
*}But Satan whispered to them.{]Quran 7:20[
When Allaah condemned one person alone, it was only Aadam )Adam(, may Allaah exalt his mention, as shown in His statement )which means(:}Then Satan whispered to him; he said, "O Aadam, shall I direct you to the tree of eternity and possession that will not deteriorate?"{]Quran 20:120[
23- Islam protects the rights of the woman by assigning to her a share in inheritance after she herself had been )for long centuries( a part of it. Allaah The Almighty Says )what means(:
*}For men is a share of what the 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[
*}Allaah 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 Allaah. Indeed, Allaah 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 Allaah, and Allaah is Knowing and Forbearing.{]Quran 4:11-12[
24- Islam protects the rights of the woman by granting her all her civil rights. She thus came to have the right to conclude contracts of sale, purchase, authorization, partnership, loan, mortgage, to gift, and so on.
25- Islam protects the rights of the woman by removing from her the permanent state of being minor, as it acknowledged her full legal competence and gave her the right of guardianship over her property and other affairs.
26- Islam protects the rights of the woman as Allaah The Almighty mentions her only when He mentions righteous deeds. He The Almighty Says in general )what means(:}Whoever does an evil deed will not be recompensed except by the like thereof{; however, when the speech was to address good, then both the male and female were mentioned:}But whoever does righteousness, whether male or female, while he is a believer - those will enter Paradise, being given provision therein without account.{]Quran 40:40[
27- Islam protects the woman's right to choose a suitable husband and she has the right to accept or reject, particularly if she has been previously married, as confirmed by the statement of the Messenger of Allaah, sallallaahu ‘alayhi wa sallam:"The unmarried woman should not be given in marriage until she is consulted…"
28- Islam protects the right of a virgin woman not to be given in marriage without her consent, as stated by the Messenger of Allaah, sallallaahu ‘alayhi wa sallam, )completing the previous Hadeeth(:"And the virgin should not be given in marriage until her consent is sought."
29- Islam protects the woman's right to receive a dowry, and even made it obligatory:}So for whatever you enjoy ]of marriage[ from them, give them their due compensation as an obligation.{]Quran 4:24[
30- Islam protects the woman's right of Khul‘ )asking for divorce at her request(: If she has no desire for her husband, she could ask for a divorce from him in return for compensation )i.e. what she had taken from him(, due to the statement of the Prophet, sallallaahu ‘alayhi wa sallam, )to Thaabit Ibn Qays Ibn Shammaas, may Allaah be pleased with him(:"Accept the garden )that you had given to your wife as dowry( and divorce her."
31- Islam protects the right of the divorced woman as shown in the statement of Allaah The Almighty )which means(:}And for divorced women is a provision according to what is acceptable - a duty upon the righteous.{]Quran 2:241[
32- Islam protects the right of the woman as a widow and has assigned to her a share in the inheritance of her husband. Allaah The Almighty Says )what means(:}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.{]Quran 4:12[
33- Islam protects the woman's right in case of divorce before consummating the marriage by making no ‘Iddah )post-marriage waiting period( due on her. Allaah The Almighty Says )what means(:}O You who have believed, when you marry believing women and then divorce them before you have touched them, then there is not for you any waiting period to count concerning them.{]Quran 33:49[
34- Islam protects the right of the woman as an orphan, and has assigned to her a share in the war booty. Allaah The Almighty Says )what means(:}And know that anything you obtain of war booty - then indeed, for Allaah is one fifth of it and for the Messenger and for ]his[ near relatives and the orphans.{]Quran 8:41[ She is also assigned a share of Bayt Al-Maal )the public treasury( as shown in the statement of Allaah The Almighty )which means(:}And what Allaah restored to His Messenger from the people of the towns - it is for Allaah and for the Messenger and for ]his[ near relatives and orphans.{]Quran 59:7[ She has also been given a share in the inheritance at the time of its division as shown in His statement )which means(:}And when ]other[ relatives and orphans and the needy are present at the ]time of[ division, then provide for them ]something[ out of the estate.{]Quran 4:8[ She has further been given a share in spending as shown in His statement )which means(:}"Whatever you spend of good is ]to be[ for parents and relatives and orphans.{]Quran 2:215[
35- Islam protects the right of the woman in her social life, and has maintained the soundness of her heart and unity with her relatives by making it unlawful to combine her in wedlock with her sister, or paternal or maternal aunt, as shown in the relevant verse ]Quran 4:23[ and the collectively contiguous Hadeeth.
36- Islam protects the right of the woman in maintaining her honor, and thus it made looking at her unlawful as in the verse )which means(:}Tell the believing men to reduce ]some[ of their vision.{]Quran 24:30[
37- Islam protects the woman’s right in punishing the one who accuses her of adultery with no evidence as shown from Allaah’s statement )which means(:}And those who accuse chaste women and then do not produce four witnesses - lash them with eighty lashes.{]Quran 24:4[
38- Islam protects the right of the woman as a mother and has enjoined upon her children to be dutiful and kind to her and warned them against provoking her anger even by using a word as minor as “uff” - and made entering Paradise contingent on her contentment.
39- Islam protects the right of the woman as a breast-feeding mother, and has assigned a fee to her, and this is a right that is common between the baby and the breast-feeding mother as shown in Allaah’s statement )which means(:}And if they breastfeed for you, then give them their payment.{]Quran 65:6[
40- Islam protects the right of the woman when she is pregnant, and this is a right that is common between her and the fetus as shown in Allaah’s statement )which means(:}And if they should be pregnant, then spend on them until they give birth.{]Quran 65:6[
41- Islam protects the right of the woman in terms of accommodation:}Lodge them ]in a section[ of where you dwell out of your means.{]Quran 65:6[
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