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Inheritance Laws: Difference between revisions
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'''Islamic Inheritance law''' is a field of [[jurisprudence]] (''fiqh'') in [[Islamic Law]] (''[[Sharia]]''). While most detailed topics of Islamic law are not discussed in the [[Qur'an]], Islamic inheritance law is unique as it takes up multiple pages of the holy book. | '''Islamic Inheritance law''' is a field of [[jurisprudence]] (''fiqh'') in [[Islamic Law]] (''[[Sharia]]''). While most detailed topics of Islamic law are not discussed in the [[Qur'an]], Islamic inheritance law is unique as it takes up multiple pages of the holy book. While the inheritance laws [[Revelation|revealed]] to [[Muhammad]] in the Qur'an generally improved the fate of female heirs relative to their fate in pre-Islamic Arabia, Islamic inheritance laws do favor male heirs, since, according to the Qur'an, "Men are in charge of women, because Allah hath made the one of them to excel the other, and ''because they spend of their property (for the support of women)''. So good women are the obedient..." (tr. Pickthall; emphasis added).<ref>{{Quran|4|34}}</ref> | ||
So while Islamic inheritance law stopped the practice of inheriting widows and guaranteed female heirs a share of their deceased male relatives' estates, its also required that one's daughter inherit just half of what one's son would inherit. Thus, while the reforms brought by Islam were progressive by the standards of 7th century Arabia, they stifle the advancement of women's rights today. | |||
== Wasiyah == | |||
While the specifics of inheritance are outlined in great detail, leaving little choice for deliberation, there is a portion of a person's inheritance that they are allowed to distribute as they please - so long as no part of this third is given to a family member whose share is already outlined by the Qur'an (though this requirement can sometimes be overturned if ''all'' inheriting family members agree to allowing some of their group to inherit more than they are due). This segment is called the ''wasiyah'' and can be up to one third of one's estate. | |||
==Relevant Quotations== | ==Relevant Quotations== | ||
{{Quote|{{quran|2|180}} - {{quran|2|182}}|It is prescribed for you, when death approacheth one of you, if he leave wealth, that he bequeath unto parents and near relatives in kindness. (This is) a duty for all those who ward off (evil). | |||
And whoso changeth (the will) after he hath heard it - the sin thereof is only upon those who change it. Lo! Allah is Hearer, Knower. | And whoso changeth (the will) after he hath heard it - the sin thereof is only upon those who change it. Lo! Allah is Hearer, Knower. | ||
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But then, if it is afterwards ascertained that both of them merit (the suspicion of) sin, let two others take their place of those nearly concerned, and let them swear by Allah, (saying): Verily our testimony is truer than their testimony and we have not transgressed (the bounds of duty), for them indeed we should be of the evil-doers. | But then, if it is afterwards ascertained that both of them merit (the suspicion of) sin, let two others take their place of those nearly concerned, and let them swear by Allah, (saying): Verily our testimony is truer than their testimony and we have not transgressed (the bounds of duty), for them indeed we should be of the evil-doers. | ||
Thus it is more likely that they will bear true witness or fear that after their oaths the oaths (of others) will be taken. So be mindful of your duty (to Allah) and hearken. Allah guideth not the froward folk.}} | Thus it is more likely that they will bear true witness or fear that after their oaths the oaths (of others) will be taken. So be mindful of your duty (to Allah) and hearken. Allah guideth not the froward folk.}}{{Quote|{{quran|6|152}}|And approach not the wealth of the orphan save with that which is better, till he reach maturity. Give full measure and full weight, in justice. We task not any soul beyond its scope. And if ye give your word, do justice thereunto, even though it be (against) a kinsman; and fulfil the covenant of Allah. This He commandeth you that haply ye may remember.}} | ||
==See also== | ==See also== | ||
[[Critical Analysis: Inheritance Laws]] | [[Critical Analysis: Inheritance Laws]] | ||