Islam
decreed a right of which woman was deprived both before Islam and after
it (even as late as this century), the right of independent ownership.
According to Islamic Law, woman's right to her money, real estate, or
other properties is fully acknowledged. This right undergoes no change
whether she is single or married. She retains her full rights to buy,
sell, mortgage or lease any or all her properties. It is nowhere
suggested in the Law that a woman is a minor simply because she is a
female. It is also noteworthy that such right applies to her properties
before marriage as well as to whatever she acquires thereafter.
With
regard to the woman's right to seek employment it should be stated
first that Islam regards her role in society as a mother and a wife as
the most sacred and essential one. Neither maids nor baby-sitters can
possibly take the mother's place as the educator of an upright, complex
free, and carefully-reared children. Such a noble and vital role, which
largely shapes the future of nations, cannot be regarded as "idleness".
However,
there is no decree in Islam which forbids woman from seeking employment
whenever there is a necessity for it, especially in positions which fit
her nature and in which society needs her most. Examples of these
professions are nursing, teaching (especially for children), and
medicine. Moreover, there is no restriction on benefiting from woman's
exceptional talent in any field. Even for the position of a judge, where
there may be a tendency to doubt the woman's fitness for the post due
to her more emotional nature, we find early Muslim scholars such as Abu-Hanifa and Al-Tabary
holding there is nothing wrong with it. In addition, Islam restored to
woman the right of inheritance, after she herself was an object of
inheritance in some cultures. Her share is completely hers and no one
can make any claim on it, including her father and her husband.
"Unto
men (of the family) belongs a share of that which Parents and near
kindred leave, and unto women a share of that which parents and near
kindred leave, whether it be a little or much - a determinate share." ((Qur'an 4:7).
Her
share in most cases is one-half the man's share, with no implication
that she is worth half a man! It would seem grossly inconsistent after
the overwhelming evidence of woman's equitable treatment in Islam, which
was discussed in the preceding pages, to make such an inference. This
variation in inheritance rights is only consistent with the variations
in financial responsibilities of man and woman according to the Islamic
Law. Man in Islam is fully responsible for the maintenance of his wife,
his children, and in some cases of his needy relatives, especially the
females. This responsibility is neither waived nor reduced because of
his wife's wealth or because of her access to any personal income gained
from work, rent, profit, or any other legal means.
Woman,
on the other hand, is far more secure financially and is far less
burdened with any claims on her possessions. Her possessions before
marriage do not transfer to her husband and she even keeps her maiden
name. She has no obligation to spend on her family out of such
properties or out of her income after marriage. She is entitled to the "Mahr" which she takes from her husband at the time of marriage. If she is divorced, she may get an alimony from her ex-husband.
An
examination of the inheritance law within the overall framework of the
Islamic Law reveals not only justice but also an abundance of compassion
for woman.
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