Al-Quran of man’s which can be seen in the

Al-Quran and Sunnah emphasize
on the importance or sets a clear code of distributions as it is in specific
and precise mode of distribution. Faraid is a complete system of inheritance as
it discusses the share of different category of heirs. This further discusses
on the rules of such distribution regardless of the category and solves
mathematical problems. The Al-Quran (4:7) says both men and woman are entitled
for a portion of whatever parents and near relatives leave regardless of the
large or small amount. Further more in Al-Quran (4:11) states Allah commands
you regarding your children. For the male a share equivalent to that of two
females. Where referring to both provision both male and female are entitled to
certain amount of inheritance which shows equality in both gender as in Islamic
point of view anyone is entitled for the rightful amount of inheritance, degree
and class. Islam conferred inheritance to the woman, and gave her
individuality, and considered her equal to man. But in Islamic legislation, the
portion of woman’s inheritance is half of that of man’s which can be seen in
the later provision but this does not lead to discrimination as there is
several factors taken into consideration on why there is very specified amount
for the female and not for the male but entitled for double compared to the
female.

 

 

The first factor is a man has
to provide for his wife and children which means a man has to bear both the
expenses of the family members. This can be seen in the Al-Quran where it
states that “Men are the maintainers of women because Allah has made some
of them to excel others” (4:34). Which shows that man have greater
responsibility compared to the female as they are the pillar for the family and
through his wisdom support and take care of her happiness. The similar
provision which is (4:11) states on matter concerning on providing for the
children. Further more it is the duty of the man to provide protection, food
and clothing for his family. Therefore it is justifiable on why man is provided
double of what a woman shall receive. As the main objective of Islamic
perspective is to achieve equity instead of equality. As it would be unfair or
unjust to give the same portion as the woman who does not have the same amount
of responsibility which is set for the man as provided in Al-Quran. In a
tradition where Imam Jafar b.Muhammad as-Sadiq was questioned on why take one
portion of inheritance when they are weaker than men and they are more in meed
of help than them (men) ? Why is it man who is stronger than a woman and whose
body powerful than hers should get a double share of inheritance ? to which
Imam Jafar replied that man has more responsibility and he must go to war
enduring many expenses. Aside form his own expenses a man must also take upon
himself the expenses of his spouse and children.

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The second factor is dowry.

Dowry is something that is paid by the man to his wife to show respect and
honor in his desire to marry her. Therefore a man has to pay dowry which is a
obligation for a marriage contract to show sense of responsibility or effort on
the his part. Al-Quran (4:4) states “give the woman dowries with a good heart”.

As during the Jahiliah period the dowry was taken from the woman and now it is
given to them. This verse further address that a there is an obligation to give
dowry and it is for them to use and not the guardian. According Malikis the
minimum required for a dowry is three dirhams. It must be something legal
according to the Shariah which can be handed over to the wife. It must be a
specified amount. Their rationalized it on the ground that this is the minimum
amount for which the thief gets the punishment of cutting. They also cite the
verse Al -Quran (4:25) “And whoever of you does not have the means to wed
free believing women so from the believing women that your right hands
possess”. Their argument is that at-taul means wealth and one who does not have
three dirhams is not considered as possession any wealth. This further bring
advantage to the woman. Where the dowry and inheritance becomes a saving for
her future if she separates from her spouse or her spouse dies. This will help
her in leading a comfortable and respected life without suffering any mental
anxiety and raise good and pious children.

 

However this method of
inheritance distribution lead to woman empowerment in economics. Al- Quran
states “And woman shall have rights similar to the rights against them,
according to what is equitable; but men have a degree (of advantage) over them.

And Allah is Exalted in Power, Wise. As in Islam there is no gender bias or
favourism to a particular gender. Which can be evidenced in the Islamic method
of inheritance. It can be seen that woman are given the equal rights because
the woman is taken into matter of consideration and recognises them as an
individual who is indepenent . Faraid further recognized the obligation or need
to be given their part of the inheritance. Through Faraid itself Islam empowers
woman to involve in the complex matters relating to the economics and together
with man develop the social welfare of the society. God knows best as what is
good for both woman and man. Further more if the are situation where there is
no male heir the female is entitled for half portion of the inheritance and the
RADD principle which is applicable for inheritance system enable for the female
to receive the other half instead of it going to Baitul-Mal. This principle
also cover situation when the woman has to care for the family after the death
of the spouse which puts all the burden on her shoulders. In the case of the
wife of Sad b. al-Rabi came to the Prophet with her two daughters and said ” O
Prophet these are the daughters of Sad b. al-Rabi.” their father died in
martyrs dead beside you in a battle. But their uncle took has taken away Sad
estate and they cannot marry unless they have property. The Prophet told the
uncle “Give the two daughters of Sad 2/3 of the estate , give 1/8 and keep the
remainder yourself”.

 

Gustave Le Bon in his book
Arab Civilization states ” The principle of inheritance which have been
determined in the Quran have a great deal of justice and fairness. The person
who reads the Quran can perceive these concepts of justice and fairness in term
of inheritance through the verses I quoted. I should also point out the great
level of efficiency in terms of general laws and rules derived from these
verses. I have compared British,French and Islamic Laws of Inheritance and
found that Islam grants the wives the right of inheritance, which our laws are
lacking while Westerners consider them to be ill-treated by the Muslim man.

 

Therefore it can be said that
Faraid system plays a important role in determining and confirming that a
person regardless of gender get the portion of property which is rightfully
entitled to them. Islamic wealth distribution assumes that everyone get their
rights and Allah who set up rules on Faraid is to make obligation to help the
others who are poor helpless or needy. As the method of distribution cover
public, state and private.   

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