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

inheritance. She was even inherited just like property. However, inheritance among the Hebrews largely follows lines of descent within the family. From this rule, it follows that males are preferred to females as heirs since the line of descent is patrilineal. " 1 However, in a later time, Hebrews gave the woman a share in her father's inheritance if the father had no male children. And, in, such a case, the woman who inherited must get married to a man of her father's tribe or clan. The idea behind that was to keep the properties of the children of Jews for themselves and not to allow the properties of one tribe to be transferred to another. However, a wife was not allowed to have a share in her husband's inheritance; she was to be inherited just like her husband's inheritance. In general. the woman's status in many ancient nations was such that the woman's rights were denied for the most part; her position was so weak that she was not even able to defend her humanity or her rights, and she had no right to inherit or to run property. Now, we must pause to ask, what is Islam's position regarding the economic affairs of the woman ? Did Islam change the practices which prevailed in the pre-Islamic era ? Did Islam give the woman the right to inherit and to run, property Islam strengthened the woman's position. gave her new rights, and a share in the inheritance. The Qurlan has laid down the general principle of the woman's right to inherit in this verse: "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. " 2 See Abd. &l4tl* op. cit.. P. 250 2. Q 4,7 69

For the majority of Arab men, this was a difficult notion to accept that a woman, or a minor, who could not bear arms and defend or gain booty should be allowed to inherit a share in the family property. It is actually stated that men hoped this new idea should be ignored or forgotten. It is evident that a woman's having the ýright to inherit property was only gradually and sometimes reluctantly accepted but the authority of the Qurlan finally prevailed to grant her these rights. Mail' reported that a woman called UmmKuhah had come to the Prophet 00 saying: 0 messenger of Allah :I have two daughters whose father has died. Following the death of their father, their uncle has taken all the father's inheritance leaving nothing for me or for my daughters. This was, because it was their practice to give nothing from the inheritance to women. ' The Prophet called him and when he came, he said. 10 Messenger of Allah : They cannot ride the horse or hold the sword. I The Prophet asked them all to go'until Allah revealed to him what to do. They left, and later on, Allah revealed (to the Prophet) the former' verse. 2 This incident was the first inheritance for the woman After the Qurlan had established the general principle of giving the woman a share ofinheritance, it went on to explain that general principle in detail. The woman's portion varies according to her relationship to the dead person whose property is being divided and according to the number of people who are to share the inheritance, 1 70 in Islam but in principle a woman gets half a son's portion. as the Qurlan states: "God (thus) directs you as regards your children's (Inheritance): to the male. a portion equal to that of ýtwo females. " 3 home%^ Islam treats men and women as equaýAeings as mentioned before, as is clear in many of the Qurlanic verses such as:, 1. See Tafsir Al-Tabari, Vol. 4. P. 176 and Ali op. cit. # P. 566 2. See Tafg-ir Ibn*Kathl'r. Vol. 1. op. cit., P. 35 and Ali op. cit., P. 566 3. Q, 4,11

For the majority <strong>of</strong> Arab men, this was a difficult notion to accept<br />

that a woman, or a minor, who could not bear arms and defend or gain<br />

booty should be allowed to inherit a share in the family property. It<br />

is actually stated that men hoped this new idea should be ignored or<br />

forgotten. It is evident that a woman's having the ýright to inherit<br />

property was only gradually and sometimes reluctantly accepted but the<br />

authority <strong>of</strong> the Qurlan finally prevailed to grant her these rights.<br />

Mail' reported that a woman called UmmKuhah had come to the Prophet<br />

00<br />

saying: 0 messenger <strong>of</strong> Allah :I have two daughters whose father has<br />

died. Following the death <strong>of</strong> their father, their uncle has taken all<br />

the father's inheritance leaving nothing for me or for my daughters.<br />

This was, because it was their practice to give nothing from the<br />

inheritance to women. ' The Prophet called him and when he came, he said.<br />

10 Messenger <strong>of</strong> Allah : They cannot ride the horse or hold the sword. I<br />

The Prophet asked them all to go'until Allah revealed to him what to do.<br />

They left, and later on, Allah revealed (to the Prophet) the former'<br />

verse.<br />

2<br />

This incident was the first inheritance for the woman<br />

After the Qurlan had established the general principle <strong>of</strong> giving<br />

the woman a share <strong>of</strong>inheritance, it went on to explain that general<br />

principle in detail. The woman's portion varies according to her<br />

relationship to the dead person whose property is being divided and<br />

according to the number <strong>of</strong> people who are to share the inheritance,<br />

1<br />

70<br />

in Islam<br />

but in principle a woman gets half a son's portion. as the Qurlan states:<br />

"God (thus) directs you as regards your children's<br />

(Inheritance): to the male. a portion equal to that <strong>of</strong><br />

ýtwo females. " 3<br />

home%^<br />

Islam treats men and women as equaýAeings as mentioned before,<br />

as is clear in many <strong>of</strong> the Qurlanic verses such as:,<br />

1. See Tafsir Al-Tabari, Vol. 4. P. 176 and Ali op. cit. # P. 566<br />

2. See Tafg-ir Ibn*Kathl'r. Vol. 1. op. cit., P. 35 and Ali op. cit., P. 566<br />

3. Q, 4,11

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

Saved successfully!

Ooh no, something went wrong!