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Friday, February 14, 2014

Islamic Articles, - A woman’s financial resources in Islam

























As the title’s specific nature indicates, in writing about a woman’s financial resources, I must not be vague, for every source is substantiated by evidence from the Quran, which Allaah The Almighty described, as Saying )what means(:"Falsehood cannot approach it from before it or from behind it; ]it is[ a revelation from ]a Lord Who is[ Wise and Praiseworthy."]Quran 41:42[
Moreover, I will do this to refute the malicious allegations of the defamers who exploit women’s issues to aim ineffectual arrows targeting the Sharee'ah of Allaah The Almighty. In reality, this sole aspect of women's rights in Islam – the financial one – is a challenge to all manmade laws in its justice; it can only force honest people to acknowledge that the Sharee'ah of Allaah The Almighty is indeed equitable and merciful.
What follows are a woman’s financial resources in Islam:
1- The financial maintenance that she is entitled to
This includes the costs of her housing, clothing, sustenance, as well as medical treatment, encompassing all her needs according to a generally acceptable standard.
The noble Sharee'ah has guaranteed her this right, through obliging her parents, then her male relatives, to provide for her from
her birth until her marriage, whence this responsibility is transferred to her husband. In case of his death or divorce, her parents or male relatives are once again financially responsible for her, if she needs someone to provide for her. Additionally, her right to pecuniary maintenance is coupled with an obligation on her guardian to protect her and preserve her honor, as is explained in detail, in sources of Islamic Fiqh.
Thus, in stark contrast to Western laws, the Islamic Sharee'ah has protected women from being financially insecure.
In Western societies, when a girl reaches the age of sixteen or a couple of years more, her parents are no longer responsible for her. This is well known and no one who writes against Islam denies it.
2- Her share in inheritance
The Quran has specified a woman’s share in inheritance according to her status; meaning, conditional on whether she is a wife, grandmother, mother, daughter or sister, the Chapter An-Nisaa’ )Women( lists her prescribed portion in great detail in its 11th, 12th and 13th verses as well as its last verse. Allaah The Almighty Says )what means(:"Allaah instructs you concerning your children ]i.e. their portions of inheritance[: 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 ]and/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 them ]i.e. 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."]Quran 4:11-13[
Here, it is necessary to clarify two important facts: the first is that the wife is not legally responsible, according to Sharee'ah, to provide for herself or anyone else. Secondly, she is free to use her wealth in any permissible way she likes, because Islam has insured her against financial liability. Thus, her money is guaranteed to increase in the absence of any financial obligations that may reduce it, unlike Muslim men, who have financial responsibilities.
3- Dowry
Whether big or small, the dowry is one of the woman’s confirmed financial rights that her guardian is not entitled to overlook or relinquish, when giving her away in marriage. There is no financial limit to a dowry, which is an obligation on men to confer to women, as proved in the verse in which Allaah The Almighty Says )what means(:"And give the women ]upon marriage[ their ]bridal[ gifts graciously."]Quran 4:4[ The dowry remains the private property of a woman, whether its payment is given to her in advance or is deferred, as Allaah The Almighty Says )what means(:"But if you want to replace one wife with another and you have given one of them a great amount ]in gifts[, do not take ]back[ from it anything. Would you take it in injustice and manifest sin?"]Quran 4:20[
‘Umar ibn Al-Khattaab, may Allaah be pleased with him, as Caliph, once prohibited exorbitant dowries, but later changed his opinion. Masrooq, may Allaah have mercy upon him, relates:
"‘Umar ibn Al-Khattaab, may Allaah be pleased with him, ascended the pulpit of the Messenger of Allaah, sallallaahu ‘alayhi wa sallam, and said: 'O people! Why do you inflate the dowries of women? At the time of the Messenger of Allaah, sallallaahu ‘alayhi wa sallam, and his Companions, they would give up to four hundred Dirhams or less. Had it been an honor or an act of piety to pay more, you could not have preceded them. Therefore, I no longer want to hear of any man who gives as dowry more than ]that[.'He then descended the pulpit, when a woman from Quraysh came to him and said, 'O Commander of the Believers! You prohibited people from paying more than four hundred Dirhams as dowry for women?' He replied, 'Yes.' She asked, 'Have you not heard what Allaah revealed in the Quran?' He inquired, `Which part of it do you mean?' She replied, 'The verse where Allaah The Almighty Says )what means(: }And you have given one of them a great amount ]in gifts[.{’ Thereupon, ‘Umar, may Allaah be pleased with him, uttered, 'O Allaah, forgive me; all people know better than ‘Umar.' He ascended the pulpit again, and said, 'O people, I forbade you from giving dowry worth more than four hundred Dirhams; however, now, ]I say[ whoever wants to offer more than that from his wealth, let him do so.’” According to Abu Ya‘la, may Allaah have mercy upon him, ‘Umar, may Allaah be pleased with him, said, "A person who wants to willingly give more, let him do so."
Here it should be noted that the dowry is not only the right of a Muslim wife, but also of a Jewish or Christian wife, as well as a believing female bondservant. Allaah The Almighty Says )what means(:"So marry them with the permission of their people and give them their due compensation{, that is, dowry, }according to what is acceptable."]Quran 4:25[
4- Her earnings
According to the scholars’ consensus, a woman is permitted to work if she needs to or when her community requires her skills, such as if she is qualified to be a physician or a teacher for females. Moreover, even if it is not a profession related to women, she is allowed to do any home-based work, such as writing books or useful articles. So long as her dignity is protected and her honor preserved, and she does not neglect her family duties, a woman can have such jobs. In fact, the noble Sharee'ah praises a person who is in charge of more than one task, and fulfills each with perfection and honesty, promising him or her a great reward from Allaah The Almighty.
Furthermore, according to the opinion of the majority of scholars, all of a woman’s income is her own private property, as they opine that the following verse proves, in which Allaah The Almighty Says )what means(:"And for women is a share of what they have earned."]Quran 4:32[
5- Investment
Considering a woman is independent of financial liability under the Islamic Sharee'ah, she has the right to make investments with her money. For instance, she can employ an honest person who is skillful in trade, to invest her wealth on her behalf. Some scholars of Fiqh consider that the permission of her guardian, father or husband is a condition; but, this is not for the sake of controlling her, rather it is meant to protect her from malicious rumors )concerning her relationship with male employees(. Any and all profits that then result from her investment, along with her capital, are all hers.
These are some of the financial rights that Islam has granted Muslim women. I would like to draw attention to an article by Dr. Ismat Ghunaym who, aside from shedding light on this issue, also illustrated the difference between how Islam treats women and how the West does.
This is noteworthy, because despite what we hear from people in general, women in Western societies are still receiving discriminatory treatment, whereas rights as those mentioned above have been conferred to women in Islam nearly fifteen centuries ago and will continue so until the Day of Resurrection. Further, they are extracted from divine decree and not manmade laws, such as those in the West, that grant a woman only some of her rights and, even then, violate her dignity, such as when they were employed for the entertainment of soldiers in World War II.
Even before that, since time began, the People of the Book have historically viewed the woman as inferior to a man, because she was the one who enticed Adam into eating the forbidden fruit. Hence, a woman is considered sinful by nature. The Christian concept of original sin emerged, with Hawaa’ )Eve(, may Allaah exalt her mention, considered guilty for her principal role. For that reason as well, a Jew thanks his Lord every morning, for not creating him a woman. In fact, some of their earlier scholars condemned the woman, who, from their point of view, is the biggest source of sin and temptation.
Tertullian once addressed women, saying: “You are the Devil's gateways; you are the unsealer of that ]forbidden[ tree: you are the first deserter of the divine law.” In fact, a council in Rome debated over whether a woman had a soul or immortality, later decreeing that she had neither and was an impure animal. Rather, she was obliged to worship and serve, and her mouth muzzled in order to prevent her from laughing and talking, as she was deemed the snare of the devil. This opinion remains influential even in some circles today, as women are still prohibited from entering some Greek monasteries.
Even at the beginning of the modern age, Western women were in a deteriorated state. In 1790 AD, a woman was sold in the markets of England for two shillings because the church refused to continue providing for her sustenance. Even until 1882, women would not be entitled to own real estate or have the freedom to legally sue someone.
Moreover, education was considered a source of disgrace, as Elizabeth Blackwell was boycotted, disdained and considered impure, even by some fellow women, when she was studied at New York’s Geneva Medical College in 1847. Hence, where were the financial rights of women, let alone their good status in society?






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Islamic Articles, - Financial Rights of Women












In Islam, greater financial security 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. No married woman is required to spend a penny from her property and income on the household. She is entitled to 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 woman 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, after she is married.
If a Woman works, which she 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 the groom who must present the 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 gifts even 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 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[
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 gave the 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 mentioned that a woman has a right to inherit, regardless of her status; whether she is a 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 means that 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 verses in 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 financial obligations 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 burdens than Muslim women and thus inheritance rules are meant 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 crept into 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 in Islam. 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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