From The Last English Prince:
Islam and men. Islam and women.
The polarity between male and female and the traditional roles they are allowed to play within society is clearly annotated within the vast array of jurisprudential writings which span the centuries after the death of Muhammad.
This fact is important because there is a continuous push to create parallel parliamentary structures within the West. And there are constant incremental legal challenges which are meant to insulate and inoculate Muslims in the West against democratic principles of governance.
Having been at the periphery of these discussions with a Mufti who graciously invested a decade in my life, I am familiar with the issue at hand.
What Must not be Allowed in the Western Hemisphere
So here are a few basics regarding Islam, women, and Islamic laws of inheritance. These facts are taken from a book written by my Mufti colleague. And they derive from a law niche based on the concept of al-Fara-id, or the science of inheritance; in expanded form, “ilm al-Faraidin” which means the science of Islamic shares.
Everything, and I mean absolutely everything, is pre-determined regarding the share of an estate to which the bloodline is entitled. The word al-Fara’id is the plural form of al-Faridah.
These laws do not follow under the early social transaction laws of the Makki era, but they are more in line with what are determined to the the “clear proofs” or obligatory acts of devotion toward Allah.
As a small note, the Hadd penalties (the rights of Allah over man) also fall in this category, so this doctrine is extremely strong as it courses through the veins of Islamic jurists. Beneficiaries of an estate fall into six categories with the heirs who are the primary stake-holders receiving a pre-set share. The flow chart for distribution is not complex. It is simple math based on fractions and bloodline.
There are multiple legal tributaries involved relating to genealogy. The rulings are set into a template which lawyers are not meant to tamper with, rather to follow to the letter-of-the-law. We must remember that Islam has no precedence for the spirit of the law.
So when a Muslim widow in the West has in hand a legal will which leaves her the entirety of an estate, and this will is instead adjudicated in an Islamic Tribunal, she will receive:
“Their (wives) share is a fourth if you leave no child; but if you leave a child, they get an eighth after payment of legacies and debt.”
Al-Nisa 4:12 Surah al-Nisa is the cap on the “widow’s peak”.
wink
A lot of complexity, ladies and gents. Islam is a legal labyrinth.
Two short comments. Under Islamic law what is owed an elderly mother is “a dress, a room, and food.” That is sufficient in practical sense and what many children provide for an elderly mom. But what about a nice inheritance which allows a widowed mother to take that dream vacation to Italy?
Second comment regarding Islam and disparity for women. With Islamic inheritance, there is an Arabic term, “al-Jadd al-Sahih”. What does it mean? It means a real grandfather.
What does a “real grandfather” mean in Islam? It is the grandchild who is not connected to the deceased through a mother. There is no female between the grandchild and the deceased grandfather.
Let…
that…
sink…
in.
Paternity, not maternity. Men with ascendancy, women with what is left. Oh, Islam!
Editor’s note: Muhammad. Arabic root H-M-D , H denoting the verb, hammada – praiseworthy. Muhammad did have a “kunya”/nickname which is less well-known and noted within the scholarly community.
But the average Muslim will announce that this man was worthy of praise, “a mercy to the worlds.” (the worlds comprised of the ‘Alamin – man, jinn and all that exists) Unfortunately, this mercy does not extend to women.
The Last English Prince has no uttered praise for this man.OH, AND BY THE WAY, THIS:
— 🇺🇸 SKY45 🇺🇸 (@SKYRIDER4538) December 10, 2017
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