Categories
New Muslims Worldview

Women and Inheritance

 

In Islam a woman has no financial obligation and the economical responsibility lies on the shoulders of the man.

In Islam a woman has no financial obligation and the economical responsibility lies on the shoulders of the man.

Under Islamic law, why is a woman’s share of the inherited wealth only half that of a man? This is a common question asked about the issue of inheritance in Islam and what it tells about the position of women in Islam.

Here is the answer…

The Glorious Qur’an contains specific and detailed guidance regarding the division of the inherited wealth, among the rightful beneficiaries.

The Qur’anic verses that contain guidance regarding inheritance are:

It is prescribed, when death approaches any of you, if he leave any goods that he make a bequest to parents and next of kin, according to reasonable usage; this is due from the Allah-fearing. (Al-Baqarah 2:180)

Those of you who die and leave widows should bequeath for their widows a year’s maintenance and residence; but if they leave (The residence), there is no blame on you for what they do with themselves, provided it is reasonable. And Allah is Exalted in Power, Wise. (Al-Baqarah 2:240)

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. But if at the time of division other relatives, or orphans or poor, are present, feed them out of the (property), and speak to them words of kindness and justice. Let those (disposing of an estate) have the same fear in their minds as they would have for their own if they had left a helpless family behind: Let them fear Allah, and speak words of appropriate (comfort). (An-Nisaa’ 4:7-9)

O you who believe! You are forbidden to inherit women against their will. Nor should you treat them with harshness, that you may take away part of the dower you have given them,-except where they have been guilty of open lewdness; on the contrary live with them on a footing of kindness and equity. If you take a dislike to them it may be that you dislike a thing, and Allah brings about through it a great deal of good. (An-Nisaa’ 4:19)

To (benefit) every one, We have appointed shares and heirs to property left by parents and relatives. To those, also, to whom your right hand was pledged, give their due portion. For truly Allah is witness to all things. (An-Nisaa’ 4:30)

Also in Surat Al-Ma’idah 5, verse 106-108.

There are three verses in the Qur’an that broadly describe the share of close relatives:

Allah (thus) directs you as regards your children’s (inheritance): to the male, a portion equal to that of two females, if only daughters, two or more, their share is two-thirds of the inheritance; If only one, her share is a half. For parents, a sixth share of the inheritance to each, if the deceased left children; If no children, and the parents are the (only) heirs, the mother has a third; if the deceased left brothers (or sisters) the mother has a sixth. (The distribution in all cases is) after the payment of legacies and debts. You know not whether your parents or your children are nearest to you in benefit. These are settled portions ordained by Allah; and Allah is All-Knowing, All-Wise. (An-Nisaa’ 4:11)

In what your wives leave, your share is half. If they leave no child; but if they leave a child, ye get a fourth; after payment of legacies and debts. In what ye leave, their share is a fourth, if ye leave no child; but if ye leave a child, they get an eight; after payment of legacies and debts. If the man or woman whose inheritance is in question, has left neither ascendants nor descendants, but has left a brother or a sister, each one of the two gets a sixth; but if more than two, they share in a third; after payment of legacies and debts; so that no loss is caused (to anyone). Thus it is ordained by Allah; and Allah is All-Knowing Most Forbearing. (An-Nisaa’ 4:12)

They ask thee for a legal decision. Say: Allah directs (them) about those who leave no descendants or ascendants as heirs. If it is a man that dies, leaving a sister but no child, she shall have half the inheritance. If (such a deceased was) a woman who left no child, Her brother takes her inheritance. If there are two sisters, they shall have two thirds of the inheritance (between them). If there are brothers and sisters, (they share), the male having twice the share of the female. Thus doth Allah makes clear to you (His knowledge of all things). (An-Nisaa’ 4:176)

In most of the cases, a woman inherits half of what her male counterpart inherits. However, this is not always the case. In case the deceased has left no ascendant or descendent but has left the uterine brother and sister, each of the two inherits one sixth. If the deceased has left children, both the parents that are mother and father get an equal share and inherit one sixth each.

In certain cases, a woman can also inherit a share that is double that of the male. If the deceased is a woman who has left no children, brothers or sisters and is survived only by her husband, mother and father, the husband inherits half the property while the mother inherits one third and the father the remaining one sixth. In this particular case, the mother inherits a share that is double that of the father.

It is true that as a general rule, in most cases, the female inherits a share that is half that of the male. For instance in the following cases:

1. Daughter inherits half of what the son inherits,

2. Wife inherits 1/8th and husband 1/4th if the deceased has no children

3. Wife inherits 1/4th and husband 1/2 if the deceased has children

4. If the deceased has no ascendant or descendent, the sister inherits a share that is half that of the brother.

In Islam, a woman has no financial obligation and the economical responsibility lies on the shoulders of the man. Before a woman is married, it is the duty of the father or brother to look after the lodging, boarding, clothing and other financial requirements of the woman. After she is married it is the duty of the husband or the son.

Islam holds the man financially responsible for fulfilling the needs of his family. In order to do be able to fulfill the responsibility the men get double the share of the inheritance. For example, if a man dies leaving about Rs. one hundred and fifty thousand, for the children (i.e. one son and one daughter) the son inherits one hundred thousand rupees and the daughter only fifty thousand rupees.

Out of the one hundred thousand which the son inherits, as his duty towards his family, he may have to spend on them almost the entire amount or say about eighty thousand and thus he has a small percentage of inheritance, say about twenty thousand, left for himself.

On the other hand, the daughter, who inherits fifty thousand, is not bound to spend a single penny on anybody. She can keep the entire amount for herself. Would you prefer inheriting one hundred thousand rupees and spending eighty thousand from it, or inheriting fifty thousand rupees and having the entire amount to yourself?

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Taken with kind permission from www.irf.net

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Categories
New Muslims Zakah

Zakah and Social Justice

hands together

Zakah awakens the individual’s social spirit.

 

One of the Qur’an’s major themes is social justice for those whom society disadvantages and compassion for the vulnerable. Allah says in the Qur’an:

As for the believing men and the believing women—all [of them] are allies of one another. They enjoin what is right and forbid what is wrong. Moreover, they [duly] establish the Prayer, and give the Zakah, and they obey Allah and His Messenger. It is these upon whom Allah shall have mercy. Indeed, Allah is overpowering, all-wise. (At-Tawbah 9:71)

Mention of Zakah here is significant. It points to the characteristics of a fully functional (and fully human) community, promoting care and love between each other by (a) guaranteeing justice unto the least of them, while (b) shielding the weak from injury. This two-part functionality is then directly pinned to raising one’s spiritual consciousness through the Prayer and raising one’s social consciousness by paying the Zakah. These special items—among all the commands of Allah and His Messenger—Allah has highlighted for scrupulous maintenance.

This is no utopian call. On the contrary, it is a minimum acceptable moral standard for a working human community. Zakah plays a key role in bringing about such a model society. It not only enshrines the right of help for the community’s needy, facilitating ongoing support from the rich to the poor, but, in so doing, it builds a relationship of consideration and appreciation between society’s members.

Zakah is the substance that binds Muslims to each other by way of their obligation to one another in Allah. Islam builds its community out of human obligation toward each other, making each Muslim accountable for the wellbeing of every other Muslim. This concept of reciprocal social obligation is called takaful, meaning “mutual responsibility,” and it is strongly bolstered by the fact that the Zakah is an act of mandatory worship. The tenet of mutual responsibility helps Muslims envision their society like an extended family.

Throughout our history, whenever Muslims sincerely systematized the Zakah obligation, as Almighty Allah and His Messenger (peace and blessings be upon him), have ordained it, Muslims worked something on the order of social miracles. Societies flourished. Communities flowered. Individuals thrived.

Zakah awakens the individual’s social spirit with the truest practical expression of brotherhood. When Muslims pay Zakah, the society behaves exactly like a family, the able helping the incapable, one upholding all. Said the Prophet:

“The believers—in their kindness, compassion, and empathy for one another—are as a single body. When one limb is afflicted, the whole body responds to it with sleeplessness and fever.” (Al-Bukhari and Muslim)

Zakah spreads tranquility and peace in society because it secures the weak and their dependents with the guarantee of certain provision, shelter, and access to essential communal facilities. The magic of Zakah is not only that it links one to others by a sense of personal responsibility, but that it binds everyone to the individual through an obligation of sufficiency. There is no greater bulwark against social disintegration.

Zakah as a Kind of Welfare System

Zakah is the first known system of community-wide welfare regulated as a social support network for those in need. It is a meaningful institution with a clearly defined religious-social-economic mandate. Its rules, regulations, structures, standards, and specific functions are well-established. It does not depend on voluntary charity, and its collection is enforceable by society.

The Zakah system revealed by Allah and instituted by the Prophet was complete and functional among Muslims in the seventh century. Within a few years of the Prophet’s migration to Madinah, the Zakah system had become so effective that very few people even needed it. For one of the virtues of Zakah is that in providing for the poor and linking each to all and all to each, it enables people to separate themselves from those social practices that guarantee the impoverishment of some.

It took more than 13 centuries after the Prophet for Europe (and by that time America) to even address poverty systematically with some effectiveness. Not until 1941 did England and the United States initiate a worldwide agreement for governments to respect and warrant the social welfare of their nationals. Yet even then beliefs imbedded in capitalist and communistic economic theory made it a certainty that global poverty would increase to the civilization- and ecology-threatening proportions we live with today.

Equitable Distribution of Zakah

Resources are not only gifts from Allah to all human beings but also a trust. Accordingly, Islam emphasizes an equitable distribution of income and wealth for the fulfillment of the needs of everyone. As a consequence of the application of one’s skills and efforts, one’s birth, location, and timing, and other factors extreme inequalities emerge between people.

In the absence of adequate social restraints and mechanisms for re-distribution, wealth invariably concentrates in the hands of a few. To counter this, in part, Allah has enjoined the believing society with strict laws of inheritance and public disbursement of windfalls, establishing the institution of Zakah to redress extreme or highly skewed inequalities of income and wealth. As Allah states it in the Qur’an:

So that [wealth] does not merely circulate between the wealthy among you.” (Al-Hashr 59:7)

In every society, there are those who may find it hard to earn a living through their own labor, whether owing to disability, lack of opportunity, or depressed production or wages. Islam addresses this by making helping the needy an individual and collective responsibility, first within Muslim families and society, and then through the global Muslim community at large. Moreover, it forbids, in the strongest and broadest terms, stigmatizing the destitute or blaming them for their condition. (Quraishi, 9-13)

If a Muslim society does not apply the comprehensive economic injunctions of the Qur’an and the Prophet, the Zakah alone will not be enough to recreate poverty-free societies, as we have just described. We have plenty of examples of this insufficiency in the Muslim societies of our times—(societies that, for the most part, do not even structure the Zakah institution properly!) Yet were Muslims to prudently apply the principles of Zakah in a current Muslim country, it would not, in isolation of all other factors, cure poverty. Zakah is part of a Godly economic outlook on, and practice in, the world.

For example, Islam forbids extravagance, whether or not one is rich or poor. Thus owning utensils made of gold and silver, or residing in ostentatious homes, is considered excessive, even forbidden.

In addition, Islam also forbids earning interest. Rather, it inspires human beings to work for their money, not to live off the incurable debt and financial misery of others. Moreover, Islam calls upon the rich to employ the poor. So the narratives of Zakah’s amazing historical success that we have just recounted demonstrate the great efficacy of the Zakah system at work within the spiritual-moral context of Islam’s other economic injunctions; among people who have internalized its concepts of selflessness, self-restraint, conservation, sufficiency, contentment, modesty, extended family and familial responsibility, and love of the poor; and, above all, amid societies whose members are resolutely committed to upholding the divine covenant of all Muslims to implement and secure the individual believer’s unfettered right of total worship.

 Works Cited:

Marghoob Ahmed Quraishi, Annual Zakat Computation Guide (Al-Manar Press, 2007)

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 Source: www.suhaibwebb.com.

 

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