Monday, 15 July 2013

Day 6.2

Day 6.2

After reading back that which I wrote in 6.1  I realised that my view, is a personal view, but sometimes there should be clarity and I sought it so I can share with you.  This isn't an academic paper so sources and references are placed  where I put them for convenience.

The following extracts are referenced from:

“Men are the protectors and maintainers of women, because Allah has given the one more (strength) than the other, and because they support them from their means.” (Surah An-Nisa’:34)

"The Holy Quran made it clear in the above verse that the provision for maintenance of a woman is the responsibility of a man." (Rights of Women in Islam : Inheritance)

"A woman has no financial obligation at all, and whatever she earns or inherits is exclusively her own property. She is free to spend her treasure the way she wants it, and a husband has no right to take even a single cent, except what is willingly given by her."(Rights of Women in Islam : Inheritance)

“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.” (Surah An-Nisa’: 7)

“Allah (thus) direct 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 has brothers (or sisters) the mother has a sixth. After payment of legacy and debts. Ye know not whether the parents or your children are nearest to you in benefit. These are settled portions ordained by Allah, and Allah is All Knowing, All Wise.” (Surah An-Nisa’: 11)

“In what your wives leave, your share is a half, if they leave no child. But if they leave a child, ye get a fourth, after payment of legacies and debt. 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. Thus is it ordained by Allah, and Allah is All-knowing, Most Forbearing.” (Surah An-Nisa’: 12)

"For a single woman, the maintenance should be provided by her father. In the absence of her father, her male relatives, including brothers, grandfather and uncles, are responsible for the provision of her maintenance."(Rights of Women in Islam : Inheritance)

Men have a greater share of an estate because they have a greater burden to bear.

The only thing I'd say, this is a standard for the division of an estate in the absence of a will. If there is a will and it differs from the above. It's the right of the will writer to divide his/her estate as they would wish. It is also the right of anyone felt hard done by to contest a will in court.  (This is my personal opinion.)

Why would I bother trying to extrapolate that which is so clearly defined in the Quran and addressed by the paper Rights of Women in Islam: inheritance by  Rafidah Abdul Jamal. Thank you for helping me understand.

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