By G.M.Shakir (Adv.)

From the times human being started living on this earth, he has been treating the women very harshly. Almost in all civilizations she was looked down upon and had no economical rights. Islam, considering that for moral and spiritual development the economical side has an important role, removed all the fetters to make her economical position strong so as to save her from the exploitation of every kind. Even in modern times certain scholars held her as best of the animals as she has great love and carving for the best metal i.e. Gold .She was not entitled to inherit or have, hold and use the property, she was herself treated as chattel and was sold as any other property. In the days of ignorance, she was considered property and shame full acts were committed with her by step sons.

This act was a letter on banned by the Quran. Where a person is treated as chattel, how could the question of inheriting, using, and enjoying the property arise. There was a rule that only those persons could inherit from a deceased who were able to take swords in their hands and fight. Since a woman lacked this quality she was deprived of right to inheritance. The “Maher “was then paid not to the lady but to her parents, so she had no income of her own. In consequences, she was actually having no property. The same situation was prevailing all over the world. In these conditions Islam came to her rescue by declaring “there is a share for men in what their parents and Kin’s folk leave behind, so there is a share for women in what their Kin’s folk and parents leave behind, be it less or much-a share ordained (by Allah)”. This direction lays down a principle that there is no difference between man and woman so far as the quality and capacity of inheriting is concerned and none can be denied right of inheritance even if the deceased left only a small property. Besides, providing the shares to women and men is having same importance, as it is command from Allah. As already mentioned, in the days of ignorance the weaker relatives as well as woman were not provided with any share. The Quran made such weaker sections and woman Quranic here’s (first class), so that their right of succession is not disturbed/denied by anyone. The law of inheritance forms important part of Muslim law as it has been declared an obligation and command as per the verse referred to above. The other verses lay down emphasis on following the law of inheritance according to the shares fixed by the Quran “Your parents or your children: Ye know not which of them is nearer unto you in usefulness. It is an injunction from Allah. Lo! Allah is knower, wise” However, every command which is not backed by sanction does not make any effect on the people. Keeping this thing in consideration, failure to obey this command in letter and sprit has been held the grave sin and whoever commits violation has been warned of dire consequences in here after. The Quran after declaring the law of succession as bounds of Allah says “But those who disobey Allah and His Apostle and transgress His limits will be admitted to a fire to abide therein: and they shall have a humiliating punishment”. This verse is sufficient to persuade the Muslims to abide by the law of succession as well as to deter the persons from committing a sin by violating the law of inheritance. As the violators have been assured and threatened of Hellfire and a humiliating chastisement.

The woman is also entitled to file a claim in the Court of law to get her share from the property of deceased. The Quran has clearly laid down the rules of her inheritance . The woman inherits in different capacities i. e. Daughter wife, mother and sister. So far as her right to inherit as Daughter is concerned, she will receive half of the property Of the deceased if there is no other male or female issue of the deceased. In the case there are two or more daughters and no son, they will get two third of the total property of the deceased. However in case there is a son and daughters as the heirs of the deceased, the daughters will get as residuary in such a way that daughter get half of the son . These shares will be allotted after making the necessary deduction as provided under Muslim law. So in light of the shares shown to daughter she can never be thrown out of the property .The Quran says “Allah thus commands concerning your children: the share of the male is like two females, (if the heirs of the deceased are) more than two daughters, they will have 2/3 of the inheritance and if there is only one daughter, then she shall have half the inheritance”. In the days of ignorance she did not inherit anything from her husband; the Quran provided her share as wife also. She was held entitled to ¼ of the total property if the husband has no child and if there are children she will inherit 1/8 from a husband and unpaid dower is also to be paid before the shares are allotted. She inherits the property as first class heir from her husband. In case any person is having more than one wife those all shall inherit the same portion jointly and in equal shares. During the lifetime of her husband she is also entitled to maintenance. The lady is also inheriting as mother Also. Her share is provided in the Quran in the following words “if the deceased has any child each of his parents (each) shall have 1/6 of property of deceased, and if the deceased was without any child and only his parents are there to inherit then 1/3 shall go to his mother, and if the deceased has brothers and sisters, then1/6 shall go to his mother. All these shares are to be given after discharging the debts or/and Will made by the deceased. This is a command and who does not know that as mother she has been given very high status.

The Quran has generally laid extra ordinary stress for serving the parents but in particular it has at some times mentioned of the difficulties faced by the mother during the pregnancy and a mention of the suckling of her child. It has also been declared by the Prophet (saw) that the heaven is under the feet of your mothers. This all has been done to make her life comfortable and respectable, even after the death of her husband. The woman also inherits as sister not only in case of full sister but as consanguine Sisters and uterine sisters also. Full sister gets ½ of total and in case of two or more, then they get two third of total, however those are excluded by a presence of ascendant (father or true grandfather) and descendants. She becomes residuary in presence of a brother or brothers subject to other rules. Consanguine sisters also get shares sometimes as residuary and sometimes as a sharer. Uterine sister is also entitled to inherit as Quranic heirs and never converted in residuary. Uterine and consanguine sisters get shares subject to rules of exclusion. These provisions make it clear that the woman is having right to property as a man has as regards the capacity. There is however, difference in the shares of male and female and this will be taken up, with respect to its reasons, separately.
The question of economical rights of a woman also needs consideration as much-as criticism is usually made on this point, especially “right to work”. It is clear that once a woman gets property with absolute rights on it , she can use it as she deems proper. She may sell, transfer, or gift it away to any person of her own choice or mortgage it. No one has right to interfere in her authority with respect to her property. She is allowed to invest the same in the lawful and morally sound business. She is free to enter in any contract with respect to her property before or after marriage like a male. She has right to work definitely but she is not burdened with financial responsibilities. The Quran lays down “do not covet what Allah has conferred more abundant on some of you than others. Men shall have share according to what they have earned and women shall have share according to what they have earned “. Certain authors hold that this verse is confined only to rewards for any act here after but the context of this verse is it different. The verse before and after this verse provide instructions regarding the wealth and inheritance, besides the words “do not covet” on something given to others is generally done in mundane life. It may also be pertinent to mention that after this verse it has been directed to “ask of Allah, s bounty (fazal) has been used in mundane sense in the chapter “jumma”. The Quran reads “and when the prayer is ended, then disperses in the land and seeks of Allah’s bounty and remember Allah much, that you may succeed”. Almost all the commentators are of the view that bounty for “fazal “has been use for mundane life. Again this word has been used in chapter “baqra”in the same sense. “It is no offence for you to seek the bounty of your lord during your pilgrimage” keeping in view of these things it seems that the word is concerning to mundane benefits also. Moulana Jalal ud Din Umari writes “she is permitted to undertake trade, and the announcing, industry, service, teaching jobs, journalism and writing and compiling the books-in fact all permitted trades. For this purpose she can come out of her house to if necessary”.

The author has however, laid down two conditions first her family life, order of household and harmony is not disturbed and second her modesty and chastity remains safe. The learned author has cited famous book “Hedaya” “baring The divine limits s and “qisas”it is permitted for a woman to dispense the justice and decide cases”. In the same book and it has been opined that she can be a judge only to the extent where the rights of individuals are involved and cannot decide the cases in which the offender is tried for the offences against the state but so far as offenses to rights of citizens are concerned, she can deal these case of this nature except murder. The author has laid down exception that she can not be head of a state as the responsibility is of crushing nature. And this exception is in conformity with the saying of the Prophet (SAW.) “The people who entrusted their collective affairs to woman can not prosper”. This means as head of state. She can work on other posts. As per the famous book “Durrul Muktar”she can be entrusted with the responsibilities of handling the affairs of Auqaf and care of orphans and orphanage. The place these books hold in Islamic jurisprudence need no mention.

These books confer on woman the right to work subject to conditions that family setup is not disturbed and her chastity and modesty is not hit. Lastly, it may be worthwhile to refer famous writer and scholar “Muhammad Qutub” regarding the rights to work “similarly Islam did not forbid woman to go out and work in such social systems, as required their services e.g. female education, nursing medical treatment of the women etc.Their services for these jobs may be procured as those of men during the wars etc.” The author has again reiterated “also does she has the right to go and work outside Islam recognizes this right of her too”. Whatever the rights a lady has been granted , she has to observe the methods of safeguarding her modesty and chastity. There are strict provisions of observing the rules which assure her chastity and modesty. Islam does not allow any compromise with morals as mundane life is meant for making the life hereafter successful. Lastly, she has no financial burdens. Like maintaining children or husband etc.The burden of maintaining her is on her husband after the marriage and before marriage on her father.