Islamic Articles, - Women's Rights of Inheritance in Islam - I

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In the pre-Islamic civilizations, women were denied any right to inheritance, so that money and property would not be transferred to her from her husband. Only mature, elder sons were entitled to inheritance, since they were the ones who fought and defended their tribe in times of war.
In theSharee‘ah)Islamic legislation(, the issues of inheritance have been discussed in detail and include all the possible cases of inheritance, and the reasons,legal impedimentsand methodology involved in evaluating and distributing them.
Women’s right to inheritance:
Islam grants women the right toinherit fromtheir parents or relatives and specifies an obligatory share for them. 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[
Muslim jurists believe that this verse establishes a general inheritance rule for both men and women. They also believe that this verse establishes a new norm that was not known before; that is granting women the right to inheritance.
In IslamicSharee‘ah, there arethree reasons for inheritance: marriage, blood relations andTa‘seeb)i.e., by virtue of being related to the deceased through the father of the latter, but they do not have a specific allotted share, rather they get what is left after the allotted shares have been distributed(.
Similarly, there are three kinds of inheritance: inheritance byprescribed shares,inheritance byTa’seeband inheritance by blood relations.
·Inheritance by prescribed shares
The jurisprudence of inheritance used to be called the'jurisprudence of prescribed shares', because the shares of the inheritors are prescribed. Inheritance by prescribed shares is just like inheritance by assignment, as every one of those who receive this kind of inheritance take their share before any other potential inheritor does. The Prophet,sallallaahu ‘alayhi wa sallam, said:“Give the prescribed shares to their due recipients and what remains would be for the worthiest male relative.”
Women inherit by prescribed share in eight cases, while men inherit in four cases only.
The cases where women inherit by prescribed shares are the following:
1.Being the wife of the deceased
The share of the wife of the deceased is prescribed in the following verse: 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[
2.Being the mother of the deceased
The share of the mother of the deceased is prescribed in the following verse: Allaah The Almighty Says )what means(:}And for one's parents, to each one of them isa 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.{]Quran 4:11[
3.Being the daughter of the deceased
The daughter of the deceased takes half her father’s estate if she does not have a brother or a sister. Allaah The Almighty Says )what means(:}And if there is only one, for her is half.{]Quran 4:11[
4.Being the daughter of the deceased’s son
She inherits by prescribed share if she is not precluded by aworthierlineal heir, male or female.
5.Being the deceased’sfull sister
She inherits half of the inheritance of her dead brother if she was the only sister and there are no other sisters or brothers. If the case was otherwise, she inherits according to what is stipulated inthe following verse: Allaah The Almighty Says )what means(:}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 4:12[
6.Being the deceased’s maternal half-sister
If she does not have a full sister, she takes the same ruling stipulated for the full sister.
7.Being the deceased’s grandmother
This refers to the mother of the father, or the mother of the father’s father.
8.The mother of the mother of the deceased)i.e. a grandmother who is not related to the deceased by virtue of a maternal grandfather(.
She inherits one-sixth if she is the only grandmother.
·Inheritance byTa‘seeb
A woman inherits byTa‘seebif she shares the same degree of relationship with another relative or relatives; such as a brother and his full sister or sisters, or a daughter of a son and another son of a son, provided that they are not precluded by a closer relative. In the aforementioned cases, a female inherits an amount that equals half that to be inherited by a male, according to Islamic rules. Allaah The Almighty Says )what means(:}Allaah instructs you concerning your children: for the male, what is equal to the share of two females.{]Quran 4:11[
Females who inherit byTa‘seebare: the daughter, the daughter of the son, the full sister and the paternal half sister.
·Inheritance by blood relations
Jurists define blood relations as:Relatives who are not among those who inherit by prescribed share or by Ta‘seeb such as the children of a daughter and a maternal grandfather )i.e. the father of the mother and the father of the father’s mother(,a maternal grandmother)who is not related to the deceased by means of a maternal grandfather(, the children of maternal half sisters and brothers, the sons of the sisters and the daughters of the brothers.
IslamicSharee‘ahdoes not provide an explicit text that states the amount of inheritance for such relatives, but all jurists believe that they should inherit according to their order of inheritance and if the deceased did not have any relatives who would inherit by prescribed share or byTa‘seeb.







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Islamic Articles, - Widows and society

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The husband has died and everyone surrounds the wife consoling and comforting her. Once the days of giving condolences are over, the woman finds herself alone, confronting her tragedy and her new responsibility. Additionally, a new kind of suffering begins, that is, the society's critical look at her for being without a husband. She is held accountable for every move that she makes. Thus, how does society regard the widow? What is the evaluation of specialized professors concerning this issue?
The following survey will answer these questions.
The widow is responsible for her image
Dr. Hamdi Yaaseen, professor of socio-psychology at Ain Shams University, says that the way society regards the widow depends on the nature, culture and ethics of that society and how observant its members are of the teachings of Islam. It also depends on the experiences of families in that society, like having a widowed mother or sister; such experiences would make them able to judge the woman soundly.
The widow herself contributes to crystallizing such looks in a negative or positive way. If the widow is sincere to her husband and strives with her children, she often receives support, assistance and sympathy from others to help her complete her mission and her journey to bring up and take care of her children, and vice versa. Dr. Hamdi Yaaseen adds that cultural and religious awareness of the people around the widow play an important role in forming social image in a way that prevents them from holding people accountable for mere doubts, or carelessly accusing chaste women or judging them without reason.
Dr. Hamdi believes that the positive image of the widow helps her intermix and react with others at work and amidst neighbors and relatives. Instead of sitting alone, recalling the past and giving in to the devil’s whisperings, she tries to create for herself sound referential human groups who act as first aid to bind her wounds and guarantee her return with a correct start after having rearranged her affairs.
Dr. Nabeel As-Samaalooti, former Dean of the Faculty of Humanities, Al-Azhar University, defines the widow as a woman who is destined to lose her husband who supports and provides for her. This definition necessitates that the Muslim society should sponsor her and her children properly. He states that Arab communities still look at the widow with mercy and sympathy, considering her a woman with special circumstances who needs help and support in her struggle. Dr. As-Samaalooti thinks that such a positive view may change somewhat if she wants to remarry. People would then consider her to be ungrateful and insincere to her late husband, or that she does not care about her children. People would regard her in that way despite the fact that marriage is a basic right that Islam granted to her after her ‘Iddah)waiting period( ends, especially if she is young and has children who need a father. It is permissible for her to marry in order to maintain her chastity and resume her life in a normal family.
The husband also has to be kind and merciful to her children and be able to deal with them in a way that puts him in the place of their father. Newspapers report some cases like a step-father kicking his wife’s children out or a widow forsaking her children. However, these are unusual and exceptional cases that we cannot use as a solid ground to determine the stance of the society on the widow’s marriage. Even if the widow has the right to remarry under theSharee‘ah, it is still preferable for her to dedicate her life to bringing up and looking after her children.
The media oppresses the widow
Dr. As-Samaalooti says that the media has oppressed the widow. It represents the widow as an immoral woman. People who are responsible for the media should fear Allaah The Almighty regarding what they present. They should present the role that a widow is supposed to play to become an example for others because the media substantially contributes to forming values, attitudes and trends pertaining to the widow’s marriage or her struggle to avoid distorting her honorable image.
Problems from several aspects:
Miss Manaal ‘Abdul-‘Aal, a lecturer in the Sociology Department in the Faculty of Arts of Cairo University, states that society looks at the woman who has no husband, whether she is widowed or divorced, in the same way. In the case of the widow, however, the society regards her with pity at first, but it regards the divorced woman in a doubtful way. Hence, the society deals with the widow in a gentler way, owing to the fact that she lost the family supporter for a reason that was out of her hand. However, the widow still faces several problems from several areas:
1- From the family of the husband
If the widow wants to marry while she has children, the problems of custody begin. Sometimes the family of the husband asks her to marry one of the family members for the children’s sake. She also becomes a source of anxiety for the women in the family who fear for their husbands.
2- From her family
She is kept under close watch out of fear for her if she does not move to the house of her family and she remains in her husband's house. The matter may be easy if one of her parents or both of them are still alive; however, it becomes difficult when both of them have passed away.
3- Relations between friends and neighbors worsen to a great extent
Every woman fears that her husband might look at the widow…
The need for marriage
Concerning the wife’s psychology, Dr. Aaminah Abu Kayfah, a specialist psychologist in the Psychiatric Clinic of Ain Shams University, says that the husband is undoubtedly the supporter and provider of the family, and when the woman loses that supporter, she loses her psychological balance for a period of time. Then, she either remains firm or collapses. Arab and Muslim women in general have a strong will and can endure different shocks. They can play the role of the mother and the father together, particularly if they are working women. From the psychological aspect, the widow, as well as her children, are exposed to an emotional emptiness due to the absence of the husband. Here, the need for marriage emerges to fill that emptiness.
Sometimes, the widow faces problems when she wants to remarry as a result of societal pressures and her fear for the children. She lives in conflict between her need and her fear for her children. Her love and fear for her children might outweigh her desire for marriage. At other times, the conflicts inside her might develop into anxiety, frustration and depression within her, and this is all reflected on her children and those around her since they are the ones who stand between her and happiness. Thus, the society should help the widow to remarry if she wants to, and it should not consider this as ingratitude to her late husband. Her children and relatives are worthier to help her in this regard.
TheSharee‘ah)Islamic Law( perspective
Considering theSharee‘ahperspectiveon the widow’s remarriage, Dr. ‘Abdul-‘Azeez Ramadan Samak, assistant professor in theSharee‘ahDepartment in the Faculty of Law of Cairo University, says that Islam considers human nature, hence, it permits the marriage of the widow and sets a specific period for her ‘Iddah, which is four months and ten days or until delivery for pregnant women. The Prophet,sallallaahu 'alayhi wa sallam, married widows like Umm Salamah, may Allaah be pleased with her. When the Prophet,sallallaahu 'alayhi wa sallam, proposed to her, she said,"No one of my family is present."He replied:“There is no one of your family, present or not, who opposes this marriage.”Whereupon, she said to her son,“Conduct the marriage of the Messenger of Allaah.”
Dr. ‘Abdul-‘Azeez adds that the Quran permitted proposing to the widow during her ‘Iddah, but in an implicit and indirect way, not explicitly. Marriage is a shield for both the man and woman, and if there are traditions that look down on the widow who remarries, then this attitude is incorrect. However, the mother should consider the interest of her children when she chooses her husband. The children should also consider their mother’s happiness and should be kind to her if she wants to marry at any age, and they should not think ill of her. Dr. ‘Abdul-‘Azeez calls upon society to take care of widows, and the man who looks after the orphans in his house will accompany the Prophet,sallallaahu 'alayhi wa sallam, in Paradise.
Dr. Raashid As-Sahl believes that the widow needs a long time to adapt to her new life, for once the husband dies she feels too weak and unable to make a decision or bear any responsibility. As time passes, she adapts to the new situation, particularly when those around her help her develop confidence in herself and her abilities. Dr. Raashid As-Sahl instructs the widow to follow two ways to overcome her psychological suffering:
1 - The frequent performance of acts of worship, recitation of the Quran and prayers.
2 - Acquiring more knowledge and information that help her deal with her new reality successfully.







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Islamic Articles, - The woman's freedom in Islam

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Islam has granted women a great position and exalted their status, as irrefutably proved in the Quran, Sunnah and through incidents in the biography of the Rightly-Guided Caliphs. If the condition of women has deteriorated in recent times, it is only because of the influence of customs and traditions that have nothing to do with theSharee'ah. Contrary to the allegations of defamers, the religion is not responsible for any part of that.
I will now restrict myself to discussing the freedom of women within the confines of political, familial and religious authority. And, we stress this last word – authority – as it is understood to mostly impede freedom, whether by means of compulsion or fear.
However, even while a woman is under the authority of herWaliyy, her guardian who gives her away in marriage, such as her father, she enjoys independence, as the Prophet,sallallaahu ‘alayhi wa sallam, said:"Women are to be consulted before marriage."It was said to him:"A virgin may feel shy to express her opinion."He,sallallaahu ‘alayhi wa sallam, replied:"Her silence implies her consent."]Ahmad and An-Nasaa’i[ This clearly indicates theWaliyyis expected and ordered to ask the opinion of the woman concerning marriage.
Then, when it comes to the practical application of freedom of choice ]in marriage partners[, this is also established, as in the story of the young woman who came to the Prophet,sallallaahu ‘alayhi wa sallam, and said:"My father married me to his brother’s son, in order to raise his social status; and, I hate that."Thereupon, the Messenger of Allaah,sallallaahu ‘alayhi wa sallam, summoned her father and gave her the option of having the marriage annulled. She said:“O Messenger of Allaah! I have accepted what my father has done. However, I wanted to make it known to women that fathers have no say in this matter."]Ahmad[ You may admire with me, the strong personality of this girl and her Islamically-secured right to choose a husband.
Moreover, a woman is not only permitted to practice her freedom in countering herWaliyy, but also other authority figures, ranging from the Caliph and the Commander of the Believers to the head of state. Here is an example of a woman who stood up among the masses and contested ‘Umar, may Allaah be pleased with him, when he wanted to limit the amount of a woman's dowry. She said:"O Ibn Al-Khattaab, you are not permitted to do that, for Allaah The Almighty Says )what means(:}And you have given one of them a great amount ]in gifts[{]Quran 4:20[.O ‘Umar, do you know the meaning of this verse?”‘Umar, may Allaah be pleased with him, who was then the leader of the Muslims, conceded:"The woman is right and ‘Umar is wrong."
In another example, Khawlah bint Tha‘labah, may Allaah be pleased with her, once said to the Commander of the Believers, ‘Umar, may Allaah be pleased with him:"Stop, O ‘Umar."He halted on his path and approached her while attentive. She harshly said:"I remember you when you were called ‘Umayr in the marketplace of ‘Ukaath, tending to sheep with your stick. Shortly thereafter, your name became ‘Umar and eventually, you became the Commander of the Believers. So, fear Allaah in your responsibility of the people; and know that the one who fears the threat of punishment in the Hereafter knows that it is imminent, and the one who fears death is wary of missing an opportunity ]of obedience[ in this life."Al-Jaarood, may Allaah be pleased with him, said,"O woman, you have spoken so callously to the Commander of the Believers!"‘Umar, may Allaah be pleased with him, said,"Let her be."]As-Seerah Al-Halabiyyah)2/724([
It was this same lady who also demonstrated the freedom that women enjoy in Islam, in even engaging the Prophet,sallallaahu ‘alayhi wa sallam, himself in discussion, although he is obeyed by all, out of their love for him and a desire to please him. Khawlah bint Tha‘labah famously argued her opinion with the Prophet,sallallaahu ‘alayhi wa sallam, whereupon Allaah The Almighty revealed the 58thChapter of the Quran,Al-Mujaadilah)The Arguing or Pleading Woman(, concerning her, in response to her request and to address the problem faced by her and others in similar circumstances.
In another incident, Ibn ‘Abbaas, may Allaah be pleased with them, narratesthat Mugheeth, may Allaah be pleased with him, was a slave, so when his wife, Bareerah, may Allaah be pleased with her, was emancipated, she asked for a divorce. He asked the Messenger of Allaah,sallallaahu ‘alayhi wa sallam, to intercede with her on his behalf, which he did, saying:"O Bareerah, fear Allaah, for he is your husband and the father of your son."She asked:"O Messenger of Allaah, is this an order?""No, I am just an interceder,"he,sallallaahu ‘alayhi wa sallam, replied. Mugheeth, may Allaah be pleased with him, was in tears ]at the refusal of his wife to reconcile[, so the Prophet, sallallaahu ‘alayhi wa sallam, remarked to Al-‘Abbaas, may Allaah be pleased with him:"Do you not wonder at Mugheeth's love for Bareerah and her hatred for him?"]Abu Daawood[
The point here is not her stubborn insistence on rejecting her husband despite the intercession of the Prophet,sallallaahu ‘alayhi wa sallam; rather, it portrays her precise understanding of and ability to distinguish between a divine revelation that she would have been obligated to adhere to and the mere advice of the Prophet,sallallaahu ‘alayhi wa sallam, as an individual, in which case, she had the right to choose compliance or not.
The wives of the Prophet,sallallaahu ‘alayhi wa sallam, would also discuss their opinions with him. ‘Umar, may Allaah be pleased with him, recounts:"Once, I got angry with my wife and ]found her[ disputing ]with me[. As was the habit of the Arabs during the pre-Islamic era, I denied her right to do that. She said: ‘Why do you deny me to discuss my opinion with you? By Allaah, the wives of the Prophet, sallallaahu ‘alayhi wa sallam, debate with him and one of them would even forsake him for a whole day.’ I went to Hafsah, may Allaah be pleased with her, and asked: ‘Do you discuss your opinion with the Messenger of Allaah, sallallaahu ‘alayhi wa sallam?’ ‘Yes,’ she replied. Then I asked: ‘Does one of you stay away from him for an entire day?’ She responded: ‘Yes.’”]Ahmad[
Evidently, the freedom of women in Islam transcends any restrictions, such that they may even talk about Divine Revelation, as when Umm Salamah, may Allaah be pleased with him, felt that a verse was only addressed to men; she hurried to the Messenger of Allaah,sallallaahu ‘alayhi wa sallam, and remarked:"O Messenger of Allaah, sallallaahu ‘alayhi wa sallam, men are mentioned in ]the verse of[ Hijrah )emigration(, while we are not."Thereupon, Allaah The Almighty immediately revealed the verse in which He Says )what means(: }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[ ]Al-Haakim[









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