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Apart from recognition of woman as an independent human being acknowledged as equally essential for the survival of humanity, Islam has given her a share of inheritance. Before Islam, she was not only deprived of that share but was herself considered as property to be inherited by man. Out of that transferable property Islam made an heir, acknowledging the inherent human qualifies in woman.
Whether she is a wife or mother, a sister or daughter, she receives a certain share of the deceased kin's property, a share which depends on her degree of relationship to the deceased and the number of heirs. This share is hers, and no one can take it away or disinherit her. Even if the deceased wishes to deprive her by making a will to other relations or in favor of any other cause, the Law will not allow him to do so. Any proprietor is permitted to make his will within the limit of one-third of his property, so he may not affect the rights of his heirs, men and women. In the case of inheritance, the question of quality and sameness is fully applicable. In principle, both man and woman are equally entitled to inherit the property of the deceased relations, but the portions they get may vary. In some instances man receives two shares whereas woman gets one only. This no sign of giving preference or supremacy to man over woman. The reasons why man gets more in these particular instances may be classified as follows: First, a man is the person solely responsible for the complete maintenance of his wife, his family, and any other needy relations. It is his duty by Law to assume all financial responsibilities and maintain his dependents adequately. It is also his duty to contribute financially to all good causes in his society. All financial burdens are borne by him alone. Second, in contrast, woman has no financial responsibilities whatsoever except very little of her personal expenses, the high luxurious things that she likes to have. She is financially secure and provided for. If she is a wife, her husband is the provider; if she is a mother, it is the son; if she is a daughter, it is the father; if she is a sister; it is the brother, and so on. If she has no relations on whom she can depend, then there is no question of inheritance because there is nothing to inherit and there is no one to bequeath anything to her. However, she will not be left to starve, for maintenance of such a woman is the responsibility of the society as a whole, the state. She may be given aid or a job to earn her living, and whatever money she makes will be hers. She is not responsible for the maintenance of anybody else besides herself. If there is a man in her position, he would still be responsible for his family and possibly any of his relations who need his help. So, in the hardest situation her financial responsibility is limited, while his is unlimited. Third, when a woman gets less than a man does, she is not actually deprived of anything that she has worked for. The property inherited is not the result of her earning or her endeavors. It is something coming to them from a neutral source, something additional or extra. It is something that neither man or woman struggled for. It is a sort of aid, and any aid has to be distributed according to the urgent needs and responsibilities, especially when the distribution is regulated by the Law of God. Now, we have a male heir, on one side, burdened with all kinds of financial responsibilities and liabilities. We have, on the other side, a female heir with no financial responsibilities at all or at most with very little of it. In between we have some property and aid to redistribute by way of inheritance. If we deprive the female completely, it would be unjust to her because she is related to the deceased. Likewise, if we always give her a share equal to the man's, it would be unjust to him. So, instead of doing injustice to either side, Islam gives the man a larger portion of the inherited property to help him to meet his family needs and social responsibilities.1 At the same time, Islam has not forgotten her altogether, but has given her a portion to satisfy her very personal needs. In fact, Islam in this respect is being more kind to her than to him. Here we can say that when taken as a whole the rights of woman are equal to those of man although not necessarily identical (see Qur'an, 4:11-14, 176).
1. The Qur'anic injunction of inheritance has other social and psychological aspects. First, it is for all times and communities. In many communities, a daughter or sister is seen as one who takes away the family's wealth to a foreign home. As Said Nursi points out, the Qur'an's injunction is a perfect mercy for women, in addition to its being perfectly just, for a girl is delicate, vulnerable, and therefore held in great affection by her father who, thanks to the Qur'anic injunction, does not see her as a child who will cause him loss by carrying away to others half of his wealth. Her brothers feel compassion for her and protect her without feeling envious, for she is not a rival in the division of the family possessions. Thus, the affection and compassion she enjoys through her family compensate for her apparent loss in the inheritance. Islam considers many other aspects as well. On the one hand, a woman's earning capacity is less than that of a man and, on the other, her consumption of wealth is usually more. While she is living at home, her contribution to the family's income is usually much less than her brother(s). There are other finer aspects of their respective mental make-up. For example, a man always wants to spend for the sake of the woman of his choice. Taking all these points into consideration, Islam has made dower and maintenance obligatory.
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