Legacy of women in Islamic law




Movable for his article for * d. Fascinated Mskih BurLimited to reasons of inheritance in Islamic law in three: marriage, kinship and anxiety, with the following we will discuss women's rights in the imposition of inheritance and succession and inheritance Baltasab uterus.Imposition of inheritance:Meaning and appreciation of the jurists was launched to examine the inheritance law of inheritance because the lineages of the heirs is limited and broken. Valtorat imposition is, in this case, a legacy of privatization and that the owners take the assumptions or imposing their share of the saved from the estate before any inheritance when you talk down the last Apostle Sherif inflicted obligatory for its people, and whatever is left is for the closest male.Women inherit the imposition in eight cases, while the man does not inherit the imposition only in four cases only.These cases where women inherit the imposition are:Wife: and share specific verse: (and which you leave them quarter if not for you but if you was born was born share is the price which you leave after payment of legacies you recommend or religion) women 12.Mother: share a particular verse: (For parents, one of them gets one-sixth, leaving if he had a child; but he has no son and heirs, the mother a third if he has brothers deceased left a sixth after payment of legacies bequeathed or religion of your fathers and your sons do not know where which one nearest you benefit obligation from God that God was ever Knower, Wise) Women / 11.Daughter: the imposition of a half if they do not have a brother or sister: (but then she was one half) of women / 11.Girl son inherit the imposition, if not blocked by the branch and the legacy of the highest of which are male or female.Sister inherit her brother died half an imposition if the one which has no brother or sister and not to inherit according to the verse: (And was a man of inherited Clalh or woman has a brother or sister, each of them one-sixth the were more than that they are partners in a third after will be recommended or religion other than disadvantages and will of God, and God knows Halim) Women / 12.Father and sister: If her sister of the deceased subject to the same provisions of the sister.Grandmother right: a mother or father or father's father, or mother or the father or the mother as well, which is presumably inherit by one-sixth.Mother and sister inherit one-sixth that was one.Baltasab inheritance:Women inherit Baltasab if involved in a relationship one degree Kalokh with his sister or his sister, a daughter and son with the son I'm an equal-in-class did not Ihjbhm of them is the closest degree. In these cases, the female inherits half of what male inherit according to Islamic rule ((a male, a portion of two females)). Based on the verse: (recommends you God in your children to the male, a portion of two females) of women / 11, (although they were brothers, men and women Vllzkr, a portion of two females) of women / 176, and cases that inherit the female Baltasab are: girls, girl child, sister to the parents and sister, father .Inheritance uterus:Known scholars with ties of kinship, relatives of the owners of non-obligatory or nerves, such as: boys girls, and the grandfather is not correct (the father of the mother or the father, Abu) and the grandmother is correct and the sons of brothers, sisters, mothers and sons and daughters of the brothers.And Islamic law did not give explicit mention in the Terat with wombs, but the majority of scholars see Terathm Petrtibhm in inheritance, and if the deceased did not leave any of the assumptions nor of the owners of the league of his relatives.Before they close the subject of inheritance in Islamic law, we must have received some clarification and raised the question of what ((classification)) (the male, a portion of two females) of the criticisms and objections, accompanied by the participation of each of these clamping of the Shari'a.* * *Criticism:Although all of these multiple rights granted by the Islamic law for women in various fields all and despite the fact that most of these rights were not Tnlha ((global women)) today in various countries around the world only after great efforts and sequential and remained in the most are the demands of trying to implement the United United, some Altaji on Islam, rationalized ((rule of inheritance)) for Muslims which says: (for the male, a portion of two females) to direct their criticism harsh and say that this rule is enshrined the principle of discrimination against women is caused by injustice and the damage on the grounds that the child inherits twice What girls inherit from their parents. One of these criticisms are the words of (Gabriel Bear) by saying: ((The issue of inheritance, women's share of it half the share is a man without a doubt an important reason for the inferiority of the Arab-Muslim women)). As well (Richard Anton), who said in the same sense: The rule of inheritance in Islam is the rule of legitimacy inferiority of women.They have been Altaji on Islam, echo not only when non-Muslims, but when some Muslim groups, the ignorant ignorant of the provisions of applicable law and the noble purpose for which they were created, are also demanded to amend this rule so that equal share of male and female inheritance.Supervisors say the base category is fixed in all cases.The base (classification), this is not a fixed base in all the shares of inheritance, women's issues, there are cases:1 equal to the male with the female in their share of the inheritance, as in the following verse: (For parents, one of them gets one-sixth, leaving him if he was born) women / 11.Have equal share of the father, a male, with a share of the parent female in their son's legacy. As well as draw the brother and sister's share of inheritance if a man is inherited Clalh (ie, not his father, not born). Every one of them sixth. Verse says: (And was a man of inherited Clalh or woman has a brother or sister, each of them one-sixth) of women / 12.2 The half-life rule imposed only in the ratio of inheritance, and not on the money the estate as a whole. It may increase the share of females in the male share of the total capital of the estate. For example, if a man died he has a wife and mother of three daughters and a son, the total is higher than females inherit the inheritance above.3 The rule does not apply to money gifted, as the girl be equal with her brother in the gift of any in the tender fatherly granted in his lifetime, but prohibits the son preference to daughter for saying (r): ((So they made your children in giving gifts, if you're a favorite one of the women preferred)).4 Similarly, in the Guardian. A definition of jurists: titling added to the path of Islam after the death. It may be applied to the testator in the will the rule of equality between males and females, or to take into account a half-life that he wanted to.5 and finally a half-life that excluded the public lands, which take into account the principle of equality between males and females in the transfer of public lands from one person to another.* * *Wisdom of the legitimacy of this rule:The segregation of the inheritance among male and female children, is not intended to never (play down), or because they are regarded as less (females), as some claim. This is because the quorum may select from the point of Islamic law on the basis of tasks between man's burden in the economic family life, and the burdens of women. In the view of Muslim clerics to make the women's share in the inheritance half the share of men ((should not ever-for the responsibilities of the man of legitimacy, moral and material, including the commitment to spending on the woman who is in his wife and daughter, mother or sister, or close obliged to spend it)) . Inequality in the financial consequences that led to the disparity in the shares of inheritance. And the commitment by the man legally and without any Tamnine, which is an end to Islamic Sharia to rule half the share of women with men in inheritance. And to secure these obligations by the man is very important from the viewpoint of Islamic law, as it relates to the maximum dimensions and it is obligatory to tighten the bonds of marriage between spouses, and secure the happiness and comfort and happiness with each division of the tasks assigned to each of them in the performance of their duty towards the family, and the obligatory constant book and Sunnah and scholarly consensus. That we, if we take a quick look on the faces of spending should be entrusted to a man legally excess return for this stock, because in the end we realized that women are financially profitable, because the man is required to legally and in short:1 to take care of his mother and father, and his sister and his brother, and his relatives if they lower Valadny insolvent. And women are exempt from this duty on him: (They ask you why spend say what parents have whatsoever you spend of good and next of kin and the orphans and the needy and the wayfarer) cow / 215.Also to be noted that Islamic law is the first initiated decided for women's right to inheritance, since 1400 years ago. Has taken a major step in eliminating forms of discrimination against women, as granted by the financial rights much more than aspiring to it (global women's) today in achieving the aspirations of the in the area of ​​equality in economic rights and economic and family as stated in Article XIII, and in item (h) of Article XVI of the Convention on the Elimination of All Forms of Discrimination against Women.And that Muslim women inherit the savings to be able to spend itself in the absence of her marriage, or in the event of death of the husband did not leave her if what the Bodha. So that money inherited by a capital reserve Ttfgah when necessary for herself or her family.It should be noted here that the amount for a woman to help in the process of spending because of the shortness of the husband's situation, or because of insolvency, or because of the high standard of living, or for any other reason they are doing, volunteer and calculated in the work of this reward and reward from God.2 that with a wife and children, and provides them with housing, food, drink, clothing and other expenses cost of living of telemedicine, education and entertainment, and women are exempt from this.3 to secure alimony if they divorced until the promised period, may extend the period of alimony if she was pregnant until she gives birth. It also asks a man to believe in breastfeeding, if the fare for the mother refused to breastfeed her baby. And women are exempt from this.Allah says: (and the baby shall bear a reasonable manner and do not cost the same than it can bear) Cow / 233.(Although they Vonfqgua expectant mothers carry them even giving birth), divorce / 6.4 to provide dowry for the bride, little or a lot of women do not cost anything to him: (and pay the women Sedkathen bee) women / 4.(What is enjoyed by the interpretation of the meaning of them is obligatory) Women / 24.(If you want to replace the pair husband and a place you come to one of them quintals you should not take something from him Otakhdhunh of slander and manifest sin) Women / 20.So the financial burden placed on the man legally, that led to this disparity in the shares of inheritance between him and the women.And it can be argued that men and women in Mtaxan King and expense, there is no unfairness or injustice as fancy biased people in the case of inheritance for Muslims applying a half-life. Compared with a fast and simple between what can be owned by the Muslim women by way of inheritance and can get non-Muslim women in the world of money, relying on the report of the program (Global Plan of Action for the second half of the United Nations Decade for Women International in 1980) to realize the invalidity of exposure This rule is subject to criticism.The report says: While women represent 50% of the adult population of the world and one third of the formal labor force, they are approximately two-thirds of working hours and receive only one-tenth of world income and own less than one percent of the property in the world.While the amount or percentage of Muslim women in their possession through inheritance represents 33.33 per cent, despite a half-life. The call for change (a half-life) in the case of inheritance can not be invited to give a convincing fruit of her calling, as well as this it is a legitimate rule of God does not accept the amendment does not switch and I know the interest of creation is only the Almighty?! While the international conventions and agreements status issued by the people and demanded by the United Nations General Assembly has, can change and change with the whims of their authors if they conflicted with their interests whenever the need arises for you, especially since ((Convention on the Elimination of All Forms of Discrimination against Women)) did not taken after the binding for all countries of the world!

0 التعليقات:

إرسال تعليق