Download - University of Salford Institutional Repository

Download - University of Salford Institutional Repository Download - University of Salford Institutional Repository

usir.salford.ac.uk
from usir.salford.ac.uk More from this publisher
11.04.2013 Views

not married. The family is expected to receive her as one of them on the same basis an before her marriage. They should never abandon her Obligation is laid on either father or brother to.,, support her. I They were . also able to bequeath inheritance to her and on theýother hand, to inherit from her. The safeguards for the woman which are thus built into the. divorce procedures are equalled by her rights in her position as a widow. I Widow's Rights Islam protected widows by establishing a ýystem of rights and duties that secured their lives as opposed to their position, before Islam. It is their duty to refrain*from marriage for the legally prescribed period, which is four months, ten days. . During, these days, they should mourn their husbands. abandon ornamentation and the delights of life in respect for the deceased. The wisdom behind specifying the legally prescribed period Idda four months and ten days is to is no, sign ensure that therp /of pregnancy so that a legitimate child will not be deprived of his true lineage, and in order to forbid the confusion if the ancestral line; If pregnancy is assured, then the legal period is extended to the end of her pregnancy in accordance with the words of the Qur-lan C2:. 234. and 228). After the expiration of the legal period, the widow has the right to take off the garments of mourning and to marry whoever she desires. Islam forbids the relatives of the deceased and his son to deny her this right, as was the tradition before the emergence of Islam. when the son of the deceased used to impose hevkself on the widow as we mentioned earlier, with full liberty to marry her without assigning a dowry (except that of the deceased) If he did not want her himself, , ., 123

then he could force her to marry someone he approved of without taking her will into considerationo . He could, also take her dowry. prevent her fr6m marrying the man she wanted and keep her under his mercy until she redeemed herself with an amount of money. This procedure stems from considering women as part of the inheritance., Is lam's prohibition of this system and &ranting of permission to the widow to remarry, after the end of the legally prescribed period is thus highly significant as-it changes her position from an inheritable commodity to that of a person in her own right. The suitor should allude to his intentions without declaring it in public during the mentioned period. The Qurlan clarified the ways by which the suitor can allude indirectly either orally or pratically to his desire to ask the I widow's hand in marriage. "There is no blame. on you if ye make an offer of betrothal or hold in your hearts. " 1 If the widow did not remarry, then she had the full right to go back to her late father's house as a member of the family just like the divorcee, and the family was fully responsible for her. The Qurlan indicated that she should take a quarter of the inheritance if she does not have a son. "Their share is af oirth if you leave no child. " And eighth if she does, as the Qurlan says: "But if ye leave a child they get an eighth. " So Islam protected women, not only as wives. but when they were divorced or widows. 1. Q. 2. 235 2. Q. 4. 12 3. Q. 4, 12 2 124

then he could force her to marry someone he approved <strong>of</strong> without taking<br />

her will into considerationo . He could, also take her dowry. prevent her<br />

fr6m marrying the man she wanted and keep her under his mercy until<br />

she redeemed herself with an amount <strong>of</strong> money. This procedure stems<br />

from considering women as part <strong>of</strong> the inheritance., Is lam's<br />

prohibition <strong>of</strong> this system and &ranting <strong>of</strong> permission to the widow to<br />

remarry, after the end <strong>of</strong> the legally prescribed period is thus highly<br />

significant as-it changes her position from an inheritable commodity<br />

to that <strong>of</strong> a person in her own right. The suitor should allude to his<br />

intentions without declaring it in public during the mentioned period.<br />

The Qurlan clarified the ways by which the suitor can allude<br />

indirectly either orally or pratically to his desire to ask the<br />

I widow's hand in marriage.<br />

"There is no blame. on you if ye make an <strong>of</strong>fer<br />

<strong>of</strong> betrothal or hold in your hearts. " 1<br />

If the widow did not remarry, then she had the full right to go<br />

back to her late father's house as a member <strong>of</strong> the family just like<br />

the divorcee, and the family was fully responsible for her. The<br />

Qurlan indicated that she should take a quarter <strong>of</strong> the inheritance<br />

if she does not have a son.<br />

"Their share is af oirth if you leave no child. "<br />

And eighth if she does, as the Qurlan says:<br />

"But if ye leave a child they get an eighth. "<br />

So Islam protected women, not only as wives. but when they were<br />

divorced or widows.<br />

1. Q. 2. 235<br />

2. Q. 4. 12<br />

3. Q. 4, 12<br />

2<br />

124

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!