INHERITANCE - UNDERSTANDING QURANIC MESSAGE AND CURRENT REALITY

DAY 28

INHERITANCE

What does Quran have to say about inheritance?

The Quranic verses are quiet straightforward on this issue, although world over, jurists and scholars agree that they are very difficult to apply in a situation which changes from family to family. 

Surah 4:11 says, Allah decrees a will for your children; the male gets twice the share of the female. If the heirs are women, more than two, they receive two thirds of the estate. If only one daughter is left, she gets one half. The parents of the deceased are each entitled to one sixth if he has left offspring. If he left no children and his parents are the only heirs, his mother gets one third. If he has siblings then his mother gets one sixth after the fulfillment of any will the deceased has left and after the payment of all debts. Your parents or your children – you know not which of them are nearest to you in benefit. [These shares are] an obligation [imposed] by Allah. Indeed, Allah is ever Knowing and Wise.

In simple terms, it says, 

• Sons receive twice the inheritance share of daughters.
• If the sole children are two daughters, they can inherit two-thirds of the estate.
• If there is only one daughter, she receives half the inheritance.
• If parents are alive, they each have an entitlement to one-sixth of the inheritance if there are children.
• If there are no children and the parents are sole heirs, the mother receives one-third and the father takes the remainder.
• If there are no children, but the deceased has siblings, then the mother received one-sixth.
• All of this is contingent upon what remains after payment of funeral costs and debts.

Surah 4:12 says:

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 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 Allah, and Allah is Knowing and Forbearing.

In simple terms, it says, 

• Widowers receive 1/2 of the property if there are no children.
• Widowers receive 1/4 of the property if there are children.
• Widows receive 1/4 of the property if there are no children.
• Widows receive 1/8 of the property if there are children.
• If there are no ascendants (parents) or descendants (children), the siblings stand to inherit 1/6 of the property
• If there are two or more siblings, they share a third if there are no parents or children.

Surah 4:176 says:

“Allah gives you a ruling concerning one having neither descendants nor ascendants [as heirs].” If a man dies, leaving no child but [only] a sister, she will have half of what he left. And he inherits from her if she [dies and] has no child. But if there are two sisters [or more], they will have two-thirds of what he left. If there are both brothers and sisters, the male will have the share of two females. Allah makes clear to you [His law], lest you go astray. And Allah is Knowing of all things.

In simple terms, it says, 

• If a person passes away without ascendants or descendants (defined as a “kalalah.”), and only has one sister, the sister will inherit half of what is left.
• If a widow passes away without any children, leaving only one brother, the brother inherits the entire estate
• If a person passes away leaving only two sisters, the sisters will have 2/3 of the estate
• If there are both male and female siblings, the males will take double the shares of the female.

What about the 1/3 that can be willed? 

The above divisions have to be done after the following are cleared off:

• Paying funeral expenses
• Paying debts
• Distributing the discretionary Wasiyyah (up to one-third of one’s wealth)
• Distributing the remaining estate to heirs according to Sharia (known as the Mirath)

Why did BMMA feel the need to work on this issue; the Quranic verses are so clear on this, where is the scope?

This issue had to be looked into keeping in mind the ground reality. In the Indian context, parents generally believe that since they have given dowry to the girl in her marriage, there is no need to give her any share in the property. They also assume that since she will also be getting a mehr at the time of marriage, she is getting what might be due to her anyway. But it is important to delink the amount that she gets as mehr as mehr is the right at the time of the marriage and that comes from her prospective husband. Dowry in our context, we know, hardly belongs to the girl. In any case, in our draft law, we suggest that property rights must be delinked from her mehr and dowry. Also what happens to women who don’t get married or who don’t get a good mehr and who may not have any control over the dowry that she carries to her husband’s house? 

What does the draft law say on this issue? 

BMMA’s draft law says:

The distribution of property is to be done as per the Quranic verses mentioned above

• These are to be given after clearing debts, arranging funeral expenses and setting aside the 1/3rd part of the will to be given away as per one’s wishes. 
• Since the general principle of equality in the Quran is paramount, we suggest that the 1/3rd of the property which the owner can will it to anyone, is to be willed to the daughter who gets half of that of the brother as per the stated Quranic verse. 
• To equalize the daughters share with the son, the parents can make a gift-deed or HIBA for their daughters so that all offsprings get equal share of parent’s property. 
• The grandson or granddaughter can inherit from the grandfather/grandmother in case of the death of the intervening son.
• The wife has right to receive part of husband's property and an additional specified share in lieu of her housework contributing to the conjugal home and property creation. 

Why do you suggest this?

1. Women’s consciousness and awareness about their equality has increased. Why should she get less than her male counterpart? Each family situation is different in today’s context which is very different from the social, economic, political, legal context of 7th century Arabia. Men don’t necessarily support their parents, women don’t necessarily get married, both women and men may have their own source of income and more importantly a heightened sense of equality. 

2. More importantly the Quran specifies a minimum share given the context of low status of women then. it does not tell you to not to give more. A minimum is assured but a maximum, if it ensures equality and justice and fairness, the Quran would never stop you. 

Reference:

islamicwillsusa.com 

TEN QURANIC VERSES WHICH MUST BE KNOWN TO ALL 

Know your GBJEWC verses 

Goodness, Beauty, Justice, Equality, Wisdom, Compassion 

What damage has been done by male hegemony over religion? 

The larger Muslim society would have been a lot better if Muslim women had read, translated and interpreted the word of God. Very cunningly, Muslim men [and the rest as well] have kept to themselves the right and the privilege to educate themselves, especially education pertaining to religion. Muslim men know that knowledge is indeed power and if Muslim women learn to read and understand what is written, they will take for themselves what benefits them just the way men have done so far.  

Very deviously Muslim women have been told to read the Quran in a language which they don’t understand. You see, reading the Quran in Arabic is sawaab ! Not just reading and understanding of the Quran but even its translations and interpretations have remained in the male domain. So dear women, they say, if you know how to read then please read the Quran in an alien language. If you are lucky and understand the alien language then please don’t interpret. And if you are reading a translation don’t interpret that translation and don’t analyze the credentials and motives of the translator. And if you have managed to read, understand, translate and interpret, then please keep your mouth shut as religion is the territory of the so-called alims and scholars and experts. You as a woman have no business to enter that territory. Thus continues the male hegemony over religion-based-knowledge which has destroyed the lives of many Muslim women across the world. Men are the readers, translators, interpreters and givers of this knowledge and women continue to merely receive it without questioning.

What have women scholars of Islam done? 

But times are changing for better. Many recent women readers of the Quran have managed to come out with their own translations and interpretations which question the tradition, male-centric and patriarchal understanding. They have also gone beyond the written word to extract the eternal values of Islam which put not just women and men on par but also puts all humanity equal to each other as one creation.

To me and to many like me, these eternal values of Islam which are conveyed to the humanity through the Quranic verses, gives the courage to fight for justice within and outside the Muslim community. Those eternal values are remembered best through the acronym, GBJEWC. That is how I choose to remember them. G for goodness, B for beauty, J for justice, E for equality, W for wisdom and C for compassion. For any Muslim to proclaim himself or herself as a Muslim, he or she must believe and abide by these principles.

What are the verses in Quran on equality?

1. Allah created human beings both women and men, so that they can take responsibility of the earth. The responsibility of all the affairs of the earth are entrusted on both. [2:230 - I will create a vicegerent on earth. Most scholars understand ‘vicegerent’ as human beings. 

2. Women and men are created from one source and hence by default they are equal. The very essence of their existence is mutual dependence as they come together in this world from one single source [4:1 O people, be aware of your Lord who has created you from one person and He created from it its mate and sent forth from both many men and women; and be aware of God whom you ask about, and the relatives. God is watcher over you]

3. When it comes to equality before God, women and men are equal. In all aspects which include surrendering to God, being truthful, being patient, being humble and charitable, following religious rituals, women are equal to men. There are no exemptions to woman just because she is a woman and there is no special treatment to man just because he is a man. [33:35 - Surely, the peacefully surrendering men, and the peacefully surrendering women, the acknowledging men, and the acknowledging women, the obedient men, and the obedient women, the truthful men, and the truthful women, the patient men, and the patient women, the humble men, and the humble women, the charitable men, and the charitable women, the fasting men, and the fasting women, the men who guard their private parts, and the women who similarly guard, and the men who commemorate God frequently, and the commemorating women; God has prepared for them a forgiveness and a great recompense.]

4. Women and men are owners of what they earn or gain. Some men gain more than women and some women gain more than men. Sometimes men gain more than women and sometimes it is the reverse. God favours equally. [4:32 - Do not envy what God has favored some of you over others. For the men is a portion of what they gained, and for the women is a portion of what they gained. Ask God from His favor, God is knowledgeable over all things.]

State the Quranic verses on compassion, goodness, peace, care, goodness in women-men relationship 

5. The purpose of marriage is tranquility and peace in relationship. Spouses must love, respect and care for each other and be content and happy in each other’s company. That is the essence of spousal relationship in Islam, which exhorts us in the end to think and reflect on what should one be aspiring for. [30:21 - Among His signs is that He created for you spouses from among yourselves, in order to have tranquility and contentment with each other. He places in your heart love and care towards your spouses. In this, there are signs for people who think.]

6. Women and men are made for each other, to shield and guard each other. There is mutuality of support, care and protection. Linked to the above verse it conveys that women and men are there for each other, to lead a life of peace and harmony. [2:187 - They are a garment for you and you are a garment for them…]

7. Both women and men are supporters of each other. Both are expected to do good and avoid evil. [9:71 - The believers, men and women, are awliya [allies] of one another. They enjoin al-maruf [the good] and forbid al-munkar [the bad], they observe salat and give zakat and obey God and his Prophet.]

Which Quranic verse speak of beauty and goodness in general?

8. Allah commands human beings to manifest beauty/goodness as they have been manifested upon     them by Allah. Human beings are asked to not corrupt the earth by doing anything that is unjust and unfair. [28:77 – And do good as Allah had done good to you. And desire not corruption in the land. Indeed, Allah does not like corrupters]

Verses on justice and wisdom?

9. Allah enjoins justice, kindness and the doing of good to kith and kin and forbids all that is shameful, evil and oppressive. He exhorts you so that you may be mindful. Justice is crowned by goodness. [16:90 – Allah orders justice and good conduct and giving help to relatives and forbids immorality and bad conduct and oppression.]

10. Allah enjoins all human beings to use their akl, their ability to think and rationalize. There is a lot of emphasis on knowledge, wisdom, analysis, good judgment and common sense. [28:14 -And when he attained his full strength and was [mentally] mature, We bestowed upon him judgement and knowledge. And thus do We reward the doers of good. 

There are of course many more Quranic verses, written in different contexts, which again and again harp on the same values and principles which bring people together and which define relationships based on mutual respect and support. It is time that these timeless eternal values are brought to the forefront of any debate concerning Muslim women. 

ETERNAL VALUES OF ISLAM FOR ALL HUMANITY - Justice, Equality, Wisdom, Compassion

ETERNAL VALUES OF ISLAM FOR ALL HUMANITY

Justice, Equality, Wisdom, Compassion

Dr. Noorjehan Safia Niaz

The larger Muslim society would have been a lot better if Muslim women had read, translated and interpreted the word of God. Very cunningly, Muslim men [and the rest as well] have kept to themselves the right and the privilege to educate themselves, especially education pertaining to religion. Muslim men know that knowledge is indeed power and if Muslim women learn to read and understand what is written, they will take for themselves what benefits them just the way men have done so far.  

Very deviously Muslim women have been told to read the Quran in a language which they don’t understand. You see, reading the Quran in Arabic is sawaab ! Not just reading and understanding of the Quran but even its translations and interpretations have remained in the male domain. So dear women, they say, if you know how to read then please read the Quran in an alien language. If you are lucky and understand the alien language then please don’t interpret. And if you are reading a translation don’t interpret that translation and don’t analyse the credentials and motives of the translator. And if you have managed to read, understand, translate and interpret, then please keep your mouth shut as religion is the territory of the so-called alims and scholars and experts. You as a woman have no business to enter that territory. Thus continues the male hegemony over religion-based-knowledge which has destroyed the lives of many Muslim women across the world. Men are the readers, translators, interpreters and givers of this knowledge and women continue to merely receive it without questioning.

But times are changing for better. Many recent women readers of the Quran have managed to come out with their own translations and interpretations which question the tradition, male-centric and patriarchal understanding. They have also gone beyond the written word to extract the eternal values of Islam which put not just women and men on par but also puts all humanity equal to each other as one creation.

To me and to many like me, these eternal values of Islam which are conveyed to the humanity through the Quranic verses, gives the courage to fight for justice within and outside the Muslim community. Those eternal values are remembered best through the acronym, JEWC. That is how I choose to remember them. J for justice, E for equality, W for wisdom and C for compassion. For any Muslim to proclaim himself or herself as a Muslim, he or she must believe and abide by these principles.

Let us read some of the Quranic verses which exhort us to treat women and men equally and to be just and compassionate in relationships.

1.      Women and men are created from one source and hence by default they are equal. The very essence of their existence is mutual dependence as they come together in this world from one single source [4:1 O people, be aware of your Lord who has created you from one person and He created from it its mate and sent forth from both many men and women; and be aware of God whom you ask about, and the relatives. God is watcher over you]

2.      When it comes to equality before God, women and men are equal. In all aspects which include surrendering to God, being truthful, being patient, being humble and charitable, following religious rituals, women are equal to men. There are no exemptions to woman just because she is a woman and there is no special treatment to man just because he is a man. [33:35 - Surely, the peacefully surrendering men, and the peacefully surrendering women, the acknowledging men, and the acknowledging women, the obedient men, and the obedient women, the truthful men, and the truthful women, the patient men, and the patient women, the humble men, and the humble women, the charitable men, and the charitable women, the fasting men, and the fasting women, the men who guard their private parts, and the women who similarly guard, and the men who commemorate God frequently, and the commemorating women; God has prepared for them a forgiveness and a great recompense.]

3.      Women and men are owners of what they earn or gain. Some men gain more than women and some women gain more than men. Sometimes men gain more than women and sometimes it is the reverse. God favours equally. [4:32 - Do not envy what God has favored some of you over others. For the men is a portion of what they gained, and for the women is a portion of what they gained. Ask God from His favor, God is knowledgeable over all things.]

4.      The purpose of marriage is tranquillity and peace in relationship. Spouses must love, respect and care for each other and be content and happy in each other’s company. That is the essence of spousal relationship in Islam, which exhorts us in the end to think and reflect on what should one be aspiring for. [30:21 - Among His signs is that He created for you spouses from among yourselves, in order to have tranquillity and contentment with each other. He places in your heart love and care towards your spouses. In this, there are signs for people who think.]

5.      Women and men are made for each other, to shield and guard each other. There is mutuality of support, care and protection. Linked to the above verse it conveys that women and men are there for each other, to lead a life of peace and harmony. [2:187 - They are a garment for you and you are a garment for them…]

There are of course many more Quranic verses, written in different contexts, which again and again harp on the same values and principles which bring people together and which define relationships based on mutual respect and support. It is time that these timeless eternal values are brought to the forefront of any debate concerning Muslim women.