The Position of Women in Islam: A Progressive View

9. Financial and Economic Provisions for Women in Islamic Law

85 9 Financial and Economic Provisions for Women in Islamic Law WOMEN’S RIGHTS OF INHERITANCE The following are Quranic verses regarding women’s rights of inheritance and their rights in the will of a testator from whom they can also inherit: • “God (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 God. And God is AllKnowing , All-Wise.” (4:11) • “In what your wives leave, your share is a half, if they leave no child; but if they leave a child, you get a fourth; after payment of legacies and debts. In what you leave, their share is a fourth, if you leave no child; but if you leave a child, they get an eighth; after payment of legacies and debts. If the man or woman whose inheritance is in question, has left neither ascendants or descendants, but has left a brother or a sister, each one of the two gets a sixth; 86 THE POSITION OF WOMEN IN ISLAM but if more than two, they share in a third; after payments of legacies and debts; so that no loss is caused (to anyone). Thus it is ordained by God; And God is All-Knowing, Most Forbearing.” (4:12) • “They ask you for a legal decision. Say: God directs (thus) 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 does God make clear to you (His law), lest you err. And God has Knowledge of all things.” (4:176) • “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.” (4:7–8) • “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 God fearing.” (2:180) • “If anyone changes the bequest after hearing it, the guilt shall be on those who make the change. For God hears and knows (all things).” (2:181) • “But if anyone fears partiality or wrong doing on the part of the testator, and makes peace between them (the parties concerned), there is no wrong in him: For God is Oft-forgiving, Most Merciful .” (2:182) • “O you who believe! When death approaches any of you, (take) witnesses among yourselves when making bequests—two just men of your own (brotherhood) or others from outside if you are journeying through the earth, and the chance of death befalls you (thus). If you doubt (their truth), detain them both after prayer, and let them swear by God: We wish not in this for any worldly gain, even though the (beneficiary) be our near relation. We shall hide not the evidence before God: if we do, then behold! The sin be upon us!’” (5:109) 87 FINANCIAL AND ECONOMIC PROVISIONS FOR WOMEN Verses 4:11, 4:12, and 4:176 deal with specific shares of the heirs and 4:7 deals generally with the rights of men and women to the shares in the inheritance. Verse 4:8 asks the Muslims to give special consideration and shares of the inheritance...