Allah says in Quran: “Mankind! Devote yourselves to your Lord who created you from a single living body and created from the same its spouse and from them both scattered numerous men and women.” (4: 1)
God created men and women as complimentary to each other. They cannot just survive without each other. But human nature is full of greed and selfishness, always ready to put others’ rights at stake for their own interests. Those who have more physical power tend to dominate. Men being physically stronger tried to usurp women’s rights despite receiving regular guidelines from God against suppressing as well as exploiting them.
When we examine history, what looks strange is that while women in very ancient times appear to enjoy certain privileges, the latter generations largely deprived them of their status and reduced them to mere subordinates of men whose job was nothing but to look after the interests of men. In ancient history of Mesopotamia, the women of Sumer could buy, own, sell and inherit property. They could engage in legal and social activities as well as religious matters. Female deities were widely worshipped. Enhedaanna, the Akkadian poetess, the priestess of Inanna and daughter of Sargon, is the earliest known poet. According to old Babylonian law codes, if a husband divorced his wife due to some circumstances, he had to return her all the properties and sometimes pay her a fine.
Women in ancient Egypt enjoyed the same rights under the law as men. They had right to inherit from mothers and were entitled to administer their own property. Women used to play an important role in legal matters, and worked as executors in wills and witnesses to local documents with the right to court action. They could also adopt children. In India too, in the early Vedic period, women had many rights including those of education and marriage. Later, the situation changed entirely leading to a stage where women were pushed into throwing themselves into the same fire that burnt the effigy of husbands.
Women enjoyed certain freedom of movement until the archaic age. Records exist of women owning land, most prestigious form of private property at that time in ancient Greece. But then the situation changed. Women in classical Athens had no legal authority; they were assumed to be the part of the Oikos headed by the male Kyrios. Women were under the guardianship of their father or any male member. Once married, husbands would become their lord. Athenian women could acquire rights over property only through gifts, dowry and inheritance and their husbands had the right to give away the women’s property. In classical Athens women were barred from becoming politicians, scholars, poets or artists. Women were treated worse than slaves. Slaves were given citizenship once they were freed, but not women.
In Aristotle’s view (Hellenistic Period in Athens) women should be kept separate from the rest of the society, as they would bring disorder and evil. Athenian women received little education, except home tutorship for basic skills such as spin, weave, cook and some knowledge of money.
Plato however seemed to have favourable ideas towards women. He acknowledged that giving civil and political rights to women would considerably change the atmosphere of the household and the state.
Women in Rome had almost the same status as in the Athenian law. They had no public voice. Society was patriarchal and women could not vote, hold public office and serve in the military, though the upper classes exercised political influence through marriage and motherhood. Freeborn women of ancient Rome enjoyed legal privileges and protections that were not enjoyed by non-citizens or slaves.
The traditional restrictions of women in the public life as well as the hostility against independent women continued in Byzantine Empire, as its laws were based on Roman Law. The women could not be legal witnesses, hold administrative posts, or run banking but they could still inherit properties and own land.
Even in China women were considered inferior and had lower position in legal status. They were to follow “three obediences”- to obey fathers, to obey husbands and, in case of widows, to obey their sons. Women could not inherit business or wealth. The Chinese women were divorced for the reason of not giving birth to a son. They were even exempted to be treated by male doctors.
The situation thoroughly changed with the advent of Islam.
Islam has given equality to women in all fields, in all the stages women live in – as daughter, sister, mother and wife. I will focus here on the inheritance rights of women in Islam.
The Quran clearly mentions distribution of property among the heirs, including women. What is unique about the rights in inheritance is that while in most of the religious matters, the Quran provides only the basic guidelines; it gives detailed plan of distribution among all the heirs – father, mother, husband, wife, sons and daughters. Moreover, the shares in inheritance apply to all forms of assets – agricultural or urban, commercial our non-commercial, mobile or immobile.
SHARE FOR BOTH MEN AND WOMEN
Allah says: “There is a (definite) share for men in what is left by their parents and close relatives; and there is a (definite) share for women in what is left by their parents and close relatives; whether small or big, this share is mandatory.” (4: 7)
“But if at the time of the division, other relatives, orphans or poor are present, give them something out of the (assets), and speak to them in words of kindness.” (4:8)
“These are God’s directions regarding your children: to the males a share equal to that of two females: if (one has) only daughters, two or more, their share is two-thirds of the total inheritance; if only one, her share is half; for parents, in case the deceased has left children, each one gets one-sixth share; if there are no children left, and the parents are the only heirs, the mother has one-third; if the deceased left brothers (or sisters), the mother has one-sixth. (The distribution is to be made) after the payment of all dues and debts.” (4:11)
SHARE OF HUSBANDS AND CHILDREN
“Moreover, you will have half of what your wives leave if they have no children; but if they have children, you have one-fourth after the payment of all dues and debts. (Similarly), if you have no child, your wives have one-fourth; but if you have a child, your wives will have one-eighth of what you leave. If the man or woman whose inheritance is in question, has left neither ascendants nor descendants, but has left a brother or a sister, each one of the two gets a sixth; but if more than two, they share in a third; after payment of dues and debts; so that no loss is caused (to any one).” (4:12)
“Further, to those also with whom you are bound by an oath, give them their due share.” (4: 33)
It is to be noted that if the shares of women are half those of men, the reason is obvious. The responsibility of maintaining wives and children is of men, not of women. Women’s share is aimed at making them economically strong so that in case of the divorce or husband’s death or any other contingency condition, she can use her property for generating income to maintain herself and her children. Women are biologically in a more responsible position than men. It is therefore incumbent on men to free them of the responsibility of earning so that they can perform their biological functions without difficulty. However, they are free to earn through jobs or business, if they want.
WILL DESIRABLE
As women have right to inherit, they also have the right to bequeath and make wills.
“It is ordained to you that when death becomes imminent for any of you, in case he is going to leave behind any assets, he must make a will for parents and relatives, in accordance with the known procedure; this is mandatory on the dutiful.” (2: 180)
“If anyone alters the will after hearing it, its sin goes in the account of the persons who change it. God is Hearer-Omniscient indeed.” (2: 181)
FOR WIDOWS
“Those of you who die and leave widows should bequeath for their widows a year’s maintenance and continued residence.” (2: 240)
This applies mainly to situations where women become widows at young age and/or there are other natural inheritors of husband’s property. If she is old, does not intend to remarry and her children live with her, this of course becomes easy. In case, she does not have a support, she gets the share in her husband’s assets and a permission to live where she was living (in case this is not inherited by her) for one year. After that she may marry again or make her arrangements with the help of what she gets from her husband.
In Muslim Personal Law (Shariat) Application Act 1937 the rules of inheritance are stated as follows:
- A son gets double the share of the daughter wherever they inherit together.
- The wife gets one-eighth of the share if there are children and one-fourth of the share if there are no children. In case the husband has more than one wife, the one-eighth share will be divided equally among all wives. The husband gets one-fourth of the share of his dead wife’s property, if there are children and one-half if there are no children
- If the parent has more than one daughter, only two-third of the property shall be divided equally among daughters. If the parent has only one daughter, half of the parent’s property is inherited by her.
- The mother gets one-sixth of her dead child’s property if there are grandchildren and one-third of the property if there are no grandchildren.
- Parents, children, husband and wife must, in all cases, get shares, whatever may be the number or degree of the other heirs.
- Slavery, homicide, difference of religion and difference of allegiance, exclude from inheritance.
Considering the clear mention of the rights of women in inheritance, it is indeed nothing less than shocking that women are being deprived of their rights in property in many Muslim societies. In India, while Muslim leaders including religious scholars make a lot of hue and cry on issues like Triple Talaq, nobody seems to be bothered about these rights. Women should raise voice for their rights in property and seek the help of Muslim Personal Law of Board and right thinking persons. Muslim Personal Law Board should ideally start a campaign to stress upon the males not to take hold of what belongs to their sisters. It is the duty of male members in the society to rectify their mistakes. It is even more distressing that when in certain states the women were legally deprived of the inheritance in agricultural property, Muslims including Muslim Personal Law Board did not counter it. Time has come when Muslims should demand restoration of the rights of women in agricultural property.
STRESS SHOULD ALSO BE GIVEN ON MEHR
Besides inheritance in property, Allah has bestowed on women the right to have an obligatory gift from husbands in the form of a mehr at the time of marriage. Women can demand as much mehr as they want, and then the amount can be fixed according to mutual consent. She should not give up mehr in an emotional outburst if her husband asks her to pardon it. It is their property and mehr should ideally be given promptly; if for some reason the husband is not in a position to give mehr at the time of Nikah, it should be given at a later stage. It is an asset which can be used when one is in need.
Allah says: “Except the mentioned ones, all others are lawful to you on the condition that you seek (marriage with) them in return of bridal-dues, for a healthy relationship, not for temporary pleasure; now as you derive benefits from them, paying them adequate returns for their (functions) is your duty. There is no charge against you if there is mutual agreement (on some points).” (4: 24)
‘Adequate returns’ include daily maintenance in addition to bridal dues like mehr.
“Marry them with the permission of their owners, and give them their dues in accordance with the known procedure.” (4: 25)
My appeal is to all the Islamic organisations to support the campaign and make sure that all women get the right in inheritance in property. It is the duty and right of every woman to raise voice for her property if not given by her parents or brothers or in-laws. People should also not use bad words and abuse their sisters if they demand their rights in the property. She is not doing any sin in asking for the share in inheritance. Even educated and well-versed people in Islamic Knowledge argue in favour of not giving the inheritance in property according to the Law of Allah. Instead of campaigning in other unlawful matters, women should fight for their rights as mentioned in the Quran. Inheritance rights and Mehr require urgent attention.
[DR IFFAT MASOOD JAVED, MA, PhD (Islamic Studies), is Assistant Professor, Chair in Islamic Studies and Research, Yenepoya University, Mangaluru (Karnataka) India.]