WOMEN’S RIGHT IN ISLAMIC LAW OF INHERITANCE: JUSTIFICATION AND ILLUSTRATION
Keywords:
Keywords: Islamic law of succession, women's rights, Justification, ClarificationAbstract
Abstract
Despite the perfection in the Islamic Law of Inheritance, the Status of Women in Islamic Law of Inheritance has become a subject of attack in contemporary times that Islam oppresses women by making their shares half that of men. Also, a woman who is already permanently divorced from her husband has no claim to inheritance, regardless of marital status in this case. The protest against the efficacy of Islamic Law of Inheritance comes from west and even certain Muslims are of similar attitude. They believed that the Islamic law of inheritance is unjust to women. We as Muslims have firm conviction that His justice is absolute: no injustice towards humans or any other creature is found in His sacred law. Islam does not discriminate between male and female in any way, but rather deals justly between them in all cases which include inheritance. The basis for allocation of anything is the right before an individual. Therefore, such a statement does not shake our believe, rather calls for an in-depth analysis, justification of the inheritance law stipu¬lated by the Quran and Sunnah. This work shows how Islamic law has treated women and clarifies how it has given protection to them even more than any other legal system of successions in the world. The finding of this research is that estate distribution in Islam is done based on merit rather than sentiment. The paper applies analytical, historical approaches with presentation based on survey of relevant literature, and concludes with useful recommendations.
References
Reference
See Hussain, A. (2008) The Islamic Law of Succession, (Riyadh, Darus-salam, 2005).33
) See Khan, M. M.A.,(1988) “A case for Teaching Mīrath as an independent course” Islamic law in Nigeria Application and teaching Edited by Khalid Rashid Jan.( Lagos, Kaduna, Ilorin Bauch Islamic publications Bureau,1988) .182
Sani Idris, (2007, p.8) Idris, S. (2007) “An Appraisal of Women’s Right of Inheritance under Islamic Law” in A. B. U. J. I. L., vol. iv-v,(Kongo, Zaria, Faith Printers International,
See Mary, F. Radford, Mary, F. Radford, ‘The inheritance Rights of Women under Jewish and Islamic
law’, http://www.bc.edu/bc.org/arp/law/lwsch/journals/bciclr/23_2/01_TXT.htm accessed on 30/7/2922
See Saracen:‘Islam: A Misogynist Religion? A Look at Family Law, Inheritance and Divorce Rights in IsSee lam’ 2007. 9
Honarvar, N. ‘Behind the Veil: Women's Rights in Islamic Societies’, Journal of
the American Academy of Religion, 1988 .20
See Professor Almaric Rumsey in Rumsey, A., 'Mohammudan Law of Inheritance (1880), preface iii, cited by Hussain A., (supra). 1988. 18-25)
The Revival, “Under Islamic law, why is a woman`s share of the inherited wealth only half that of a man” www.therevival.co.uk, published on 27 january, 2014. Assessed on 16/2/2022
See Al-Shafʻī, Abu Abdullah Muhammad bin Idrīs ibn al-ʻAbbās bin Uthmān bin Shafiʻbin Abd al-Muttalib bin Abd Manāf, (1990)) al-Matlabi al-Qarshī al-Makkī. Al-Umm. (Bayrūt: Dār al-maʻrifah1990, vol. 5). 94
See Al-Zuhaylī, M. Al-Marʼah al-Muslimah al-Muʻāsirah Makānatuhā-Huqūquhā-Ahkāmuhā. (1st ed.) Dimashq: Dār al-Fikr.2008).,95
Khan, M. M.A.,(1988, p.182) Khan, M. M.A. “A case for Teaching Mīrath as an independent course” Islamic law in Nigeria Application and teaching Edited by Khalid Rashid Jan.( Lagos, Kaduna, Ilorin Bauch Islamic publications Bureau,. Khan, M. M.A. 1988,) . 182
Muhammad, S. O. Inheritance as it Affects You, (Ilorin: Olalomi printers 2005),10-11)
See Al-Hibri, A. Y. Muslim women's rights in the global village: challenges and opportunities. Journal of Law and Religion, 15, 37-66. https://doi.org/10.2307/1051514(Al-Hibri, A. Y. 2001).112
See As-Sābūnī, M. A. Mawārīth fi ’sh-Sharīcati ’l-’Islāmiyyah calā daw’il-Kitāb was-Sunnah. (Damshiq: Darul-Qalam.1981.14-15
See Al-Hibri, A. Y.. Muslim women's rights in the global village: challenges and opportunities. Journal of Law and Religion, 15, 37-66. https://doi.org/10.2307/1051514 2001).88
See Zakir Naik, “Women and Inheritance Law in Islam”C:UsersUserDesktopWomen and Inheritance Law in Islam.mht(2019). Accessed on 2/8/2o22
Fatwa, 2020, Do Women take Unequal Shares of Inheritance in Islam? C:UsersUserDesktopDo Women take Unequal Shares of Inheritance in Islam.htm. Accessed on 20/8/2022
Fatwa, 2020
Fatwa, 2020
See Obi, S.N.C, Ibo Law of property: (cited in Ezeilo, J., op., cit.,) .12
See As-Sabuni, (1981.Pp14-15) As-Sābūnī, M. A.,(2005) Mawārīth fi ’sh-Sharīcati ’l-’Islāmiyyah calā daw’il-Kitāb was-Sunnah. (Damshiq: (Darul-Qalam.2005). 2-4
Al-Hibri, A. Y. Muslim women's rights in the global village: challenges and opportunities. Journal of Law and Religion, 15, 37-66(. https://doi.org/10.2307/1051514(2001). 45):
See Abu-Al-Hamid, M. M. ’Ahkāmu ’l-Mawārīth fi ’sh-Sharīcati ’l-’Islāmiyyah ‘ala ’l- madhāhibi ’l- ’a’immati ’l-’arbacah. (Beirut: al- Maktabah al-Asriyyah. .(2004)
https://en.wikipedia.org/wiki/Criticism_of_Islam. assessed on 20/10/2017.
See Olatoye K ‘Inheritance in Muslim Family; The Nigerian Experience’, A Digest on Islamic Law and Juisprudence:Essays in Honour of Hon. Justice Umar faruk Abdullahi (PCA), Abuja: .NAMLAS Abuja Publication 2003) . 65
