A woman's right to inherit books

A woman’s right to inherit

1 A woman’s right to inherit

2 Women’s quorum in inheritance

3 Islam guarantees the rights of women

4 Wisdom of a woman’s inheritance in Islam

A woman’s right to inherit

 

A woman's right to inherit

A woman’s right to inherit Provided Quranic verses clearly that women have the right to inheritance , as the man of the right of it, God said the Almighty:

(men ‘s share, leaving the parents and kinsmen and women ‘s share, leaving the parents and kinsmen than less than or many inheritance imposed) , [1] but God – Almighty to make the share of female inheritance is the origin of inheritance, and the share of the male is known by the addition to the female share, as saying the Almighty:

(God Ausikm your children with the male portion of two females) , [2]It is inferred from these verses that the woman’s share and right to inheritance is established by Sharia, not by the will or consent of the benefactor.

As inheritance in the Islamic system is one of the fixed causes of ownership by virtue of Sharia law, which does not require a prior agreement or will, and does not depend on the acceptance of the heir or bequeather, and does not involve rejection or response, as the will is given by the response of the testator. [3]

Inheritance is a compulsory acquisition, not like other rights, such as donation, alimony, and others, since ownership is of two types.

The first is optional, and the other is compulsive, and inheritance is included in the compulsive type, i.e. compelling; Based on that, it is not right for the heirs to return the inheritance imposed on them, because it enters his possession against his will. And if he wants to give it up later. [3]

And God – Glory be to Him, the Most High – has determined the share of each heir with texts that sever semantics, so that no one takes the woman’s right to the inheritance or manipulates it, or that no one evades from paying the woman’s right to her, or circumvents her in its value.

It is noted from the context of the verses related to inheritance that most of the owners of hypotheses are women, have been among the Prophet peace be upon him , also in many of the conversations of women ‘s right to inheritance and must be inherited, such as saying -alih prayers and Salam in certain cases of inheritance:

(Oatthma two – thirds and give their mother the price, and Ark remains) , [4] [5]Depriving a woman of inheritance is considered a revival of the Sunnahs of the Jahiliyyah, which the Messenger, may God’s prayers and peace be upon him, warned against, and many of the Companions, such as:

Zaid ibn Thabit and Omar ibn al-Khattab – may God be pleased with them both, and threatened punishment for the perpetrator, and they promised to deprive the woman of the inheritance.

That it is a misguidance, and a disruption of the law of God – the Most High – and His rule. [6]

Women’s quorum in inheritance

There are two types of inheritance: inheritance by default; These are the shares estimated to their owners and proven in the legal texts, and they are six:

one-half, one-fourth, one-eighth, two-thirds, one-third, and one-sixth, and the second type: inheritance by disassociation*; They are the bands of males who inherit after the first type takes their share of the inheritance, and the women who inherit are seven women as follows:

the daughter, the son’s daughter, the mother, the grandmother – the mother’s mother or the father’s mother-, the sister – the sister-sister, the sister to the father, and the sister to the mother-, The wife, the freed one, and the female may be entitled to half of the inheritance in four cases: [7]

The first case:

for a girl, with two conditions; The absence of a male of her rank hardens her, and that she is one; That is, she does not have another sister.

The second case:

for the daughter of the son – even if she ejaculates in the absence of the girl – and the same conditions as above.

The third case:

for the sister, in the absence of the daughter or the daughter of the son, and with the same conditions as above.

Fourth case:

the sister has a father; As it takes half in the absence of a daughter, a son’s daughter, and a sister, and with the same previous conditions. As for the amount of a woman’s inheritance; The amount varies according to the different conditions of the woman.

Her share may be exactly equal to the male’s share in the event of the meeting of the mother’s brothers and the mother’s sisters, then they all inherit equally between the male and the female, and her share may be the same as the man or less than him, as in the case of the presence of the mother with the father if they have male children, or males and females,

then it is Then for each of the mother and father a sixth, but if they have female children, then the mother’s share is less than the father’s; So that the mother takes one-sixth, and the father takes one-sixth and the rest if there is no gang. [8]

The share of a woman may be half that of a man, and this is the case in most cases. Like a sister with her male brother, and the wisdom of that is clear and obvious.

As the inheritance came equal to the financial obligations and burdens imposed on both males and females, and it is known that the woman does not owe anything, as she does not spend on her husband or on her children, but even her personal expenditure is not obligatory on her.

Housing, marital expenses, children’s expenses, blood money and others. [8]

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Islam guarantees women’s rights

Islam guarantees the rights of all individuals, regardless of their diverse characteristics, genders, or ethnicities.

It is a comprehensive religion, and from this comprehensiveness Islam guarantees the rights of women ; Where God proved swt that women have many rights , like the man in many verses, such as saying the Almighty:

(and they like Virtue) , [9] and the words of the Prophet peace be upon him: (but women The sisters of men) , [10] for the virtue with God – Glory be to Him – is in piety and not in the human race, whether male or female, as God – the Most High – says:

(Oh people, we created you from a male and a female, and made you peoples and tribes, so that you may know that God knows you . ) [11]

Among the many rights that have been established for women is the right to inherit, as Islam established the right of a woman to inherit after she was deprived of it in the pre-Islamic era, so it became part of the inheritance that is divided after the death of the deceased. [12]

Wisdom of a woman’s inheritance in Islam

Islam’s legislation regarding women’s right to inheritance has many rulings, which we list as follows: [13]

Honoring women and emphasizing their humanity, as they and men are created from one soul, and they are equal in dignity, rights and duties. [14]

Enabling a person to carry out the tasks of the caliphate on earth, and money is part of the capabilities that help to carry out this task, and the male and female are equal in this.

Satisfying the instinct of possessiveness that all people, male and female, have instinctive with, in accordance with the saying of the Most High : (And you love money very much) . [15]

Empowering women to fulfill their needs through their share of the inheritance. [16]

Limiting inheritance to males without females creates a feeling of greatness and dominance in males, and a sense of inferiority and injustice in women, so Islam came to give everyone his right, put things in the right direction, and close the door to these reprehensible feelings.

God – Glory be to Him, the Most High – has ensured that the woman’s right to inheritance is explained, and its amount is explained in detail, in which he closes the door of complacency and manipulation of quotas and their amounts, and intimidating the servants to urge them to give the woman her right to the inheritance.

Distributing the inheritance to its owners includes distributing it to several places, and prohibiting the confinement of wealth to a limited group or a certain class of people. [14]

Achieving the meanings of family solidarity, and reassuring those who will leave that the money will be divided fairly , which prevents conflict and hatred between the parties of the same family, so that each person is given his right and no party remains deprived of it.

The female is guaranteed her future, as she is physically weaker than the man, and she may not be able to earn her livelihood by doing all the works as the man, and the inheritance is a guarantee for her. [14]

Money helps to start a new life, and inheritance is the implementation of one of the ways of life, which is the transfer of money from previous generations to subsequent generations.

The children of the deceased, whether male or female, will set out to build later generations, and they are on the verge of a new life, and both sides need money. [16]

* Association: It is the inheritance without appreciation, as the clan does not have a specific name in the inheritance; Such as one-half, one-fourth, one-third, and so on, but they take what is left for those with assumptions, and this is brief, and it is detailed in the book of fiqh. [17] [18]

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