|
|
-
Injunctions of the Qur'an
-
Ahadith of the Holy Prophet
-
Rights discussed in the Light of Qur'an and
Hadith
-
Views of Eminent Scholars
I ‑ VERSES
OF THE QUR'AN
Following
verses of the Holy Qur'an are generally quoted to support the property
rights of the. women:‑
-
From
what is left by parents and those nearest related there is a share for
men and a share for women, whether the property be small or large, a
determinate share. (4:7)
-
And in no
wise covet those things in which Allah hath bestowed His gifts more
freely on some of you than on others: to men is allotted what they earn,
and to women what they earn: but ask Allah of His bounty: for Allah hath
full knowledge of all things. (4:32)
[Back
to the start of this chapter]
II-AHADITH
OF THE HOLY PROPHET
Ahadith of
the Prophet Muhammad (Allah's peace may be upon him) about the rights of
woman regarding property are as follows:‑
-
Jaber
reported: My maternal aunt was divorced thrice. She then intended to get
fruits of her palm trees. A man threatened her for her coming out. She
came to the Prophet who said: Yes, take fruits of your palm trees. It is
perhaps you will make gift or do some good act. (Muslim)
-
Jaber
reported that the wife of Sa'ad‑b‑Rabiy came with her two daughters by
Sa'ad to the Messenger of Allah. She said: O Messenger of Allah! They
are the two daughters of Sa'ad. Their father was martyred with you on
the day of Uhud, and their uncle has taken their property. He has not
left any property for them, and they cannot be married unless they have
got some property. He said: Allah will decide about that.
Then the
verse of inheritance was revealed. So the Prophet sent for their uncle
and said: Give the two daughters of Sa'ad two‑third and give their
mother one‑eighth, and what remains is for you. (Abu Daud, Ibn Majah,
Tirmizi)
-
It is
reported by Zainab, wife of Abdullah‑b‑Mas'ud that her husband was a man
of little means and she wanted to spend for him out of her wealth. When
she asked the Prophet (peace be upon him) whether her charity on her
husband would suffice, the Prophet (PBUH) said: There will be two
rewards‑the reward of relationship and the reward of charity. (Bukhari,
Muslim)
[Back
to the start of this chapter]
III ‑
RIGHTS DISCUSSED IN THE LIGHT OF QUR'AN
AND HADITH
Islam does
not make distinction between man and woman so far as their rights of
property are concerned. The women enjoy equal rights in this field and
their position is in no way inferior to that of men. The Qur'an says:
From what is left by parents and those nearest related there is a share
for men and a share for women, whether the property be small or large ‑
a determinate share".‑ (4:7)
So the Holy
Qur'an makes the women along with men shareholders in inheritance of
their parents and near relations. In its verses 11, 12 and 176 of
chapter 4, the Qur'an confers share in inheritance on the woman in her
various capacities as daughter, mother, wife anti sister.
The other
way of earning fortune or acquiring property is through one's own
efforts and hard work. About this possibility the Qur'an points out by
saying: "Unto men a fortune from that which they have earned and unto
women a fortune from that which they have earned"‑(4:32). Earning
certainly includes the reward of good deeds in the next world, however
it also includes earning of fortune in this world. And in this the woman
has got equal rights. Like man, a woman can also earn, acquire, own,
manage and dispose of property at her discretion.
-
She can
acquire property through the following means which are applicable in the
case of man also.
a) through
her own earnings.
b) through
purchase.
c) through
gift.
d) through
will
e) through
inheritance.
She has an
additional right to acquire property which is not available to man i.e.
through Mahr or dower which she is entitled to receive from her
husband.
-
She can
own the property, possess it, manage it and enjoy its income. Over her
property she has the exclusive and absolute rights. Her father, her
husband or her brothers or her children have no legal right over her
property. If the husband is poor and she spends out of her earning or
property for the family, she is entitled to claim it from her
husband when he becomes prosperous. It is because she has no legal
obligation to spend for her family out of her personal wealth, her
husband being responsible for her and children's maintenance.
-
She has got
full rights regarding the alienation of her property. She can dispose it
of by sale, transfer or settlement. She can gift it away to her husband,
children or anybody. She can arrange for its disposal (up to one third
of it) through will.
[Back
to the start of this chapter]
IV ‑ VIEWS
OF EMINENT SCHOLARS
Views of
some eminent scholars regarding woman's property rights are quoted
below to establish the fact that a Muslim woman has got absolute rights
in this field.
-
Dr.
Hamidullah: "The perfect and complete individuality of the person of the
woman is manifest in a most striking manner in the matter of property.
According to the Islamic law, the woman possesses the most absolute
right over her property. If she has attained majority, she may dispose
of it according to her will without reference to anybody else, whether
it be her father, brother, husband or son or any other person. There is
no difference in this matter between a man and a woman. The property of
a woman cannot. be touched even if her husband or father or any other
relative has liabilities exceeding his assets. Similarly, these
relatives are not held responsible if she contracts debts. A woman has
the same rights as man for acquiring property. She may inherit it,
receive it in gift or donation, earn it by her own work and toil; and
all this remains here and hers alone. She is absolute mistress of her
property to enjoy it or to give it to whomsoever she likes as a gift, or
to dispose of it, by sale or any other legal means, at her will. All
these rights are inherent in a woman; there is no question of obtaining
them through special contracts, with the husband for instance or by an
award depending on somebody else."
-
Aftab
Hussain J, the author of "The Status of Women in Islam", writes: "As
summed up in the Age of Faith by Will Durant, Islam placed woman and man
on the same footing in economic independence, property rights and legal
process. She might follow any legitimate profession, keep her earnings,
inherit property and dispose of her belonging at will."
At another
place, he writes: "Marriage confers no right on either party over the
property of the other. The legal capacity of the wife is not sunk in
that of the husband; she retains the same powers of using and disposing
of her property, or of entering into all contracts regarding it, of
suing and being sued without his consent, as if she were still
unmarried:"
[Back
to the start of this chapter] |
|