Why Didn’t Islam Give Equal Property Rights to Women as Men?

_ISR_ 1400 years ago, societal norms were deeply rooted in pre-modern hierarchies, with women's roles generally restricted to supporting the male lineage within their families. Islam, like many other Abrahamic and non-Abrahamic faiths, was born into this backdrop, which was largely patriarchal. However, through its legal and religious framework, Islam provided women with certain rights, including those related to inheritance, which were often more protective than what was widely available in contemporary societies.

The Historical Context of Patriarchy

Is it true that woman could not live independently 1400 years ago, not just in the Arabian Peninsula but in many parts of the world? Indeed, societies everywhere were patriarchal, with family wealth and lineage being passed down through the male line. In such a system, a woman's status was primarily tied to her position as a daughter or a wife.

Understanding Islamic Inheritance Laws

One could argue that women received only half of what their brothers received. However, it's crucial to understand the unique nature of these inheritance laws within the Islamic framework. Women in Islam are entitled to a share of their own inheritance, which is distinct from any share they might receive from their husband's side. Here’s why:

Women's Independence Inheriting

Women inherit independently from their fathers and brothers. Whatever they inherit, as mentioned in Quran 4:176, is theirs and cannot be claimed by others. Men, on the other hand, are responsible for the financial needs of their families and households, including their dependents. This includes paying out alimony, maintaining the household, and providing for children, even if they are also working or earning an income themselves.

The Role of Women Beyond Marriage

Furthermore, marrying into a family entitles women to a portion of her husband's inheritance. Quran 4:129 states, 'And there is enjoyment for them in it [this life] and good recompense for them on the Day of Resurrection.' This means that upon divorce or death, a woman has a right to inherit from her husband's estate, providing a level of financial security that was not taken for granted 1400 years ago.

Mohammed's Wife and Her Business

It's important to mention that the wives of the Prophet Mohammed were also involved in businesses. For example, his wife Umm Habibah was a successful merchant with her own business. This historical context adds further depth to the narrative and demonstrates that women were economically active participants in society.

Comparative View with Christian Societies

Let's not forget that just a few centuries ago, in places like America, women did not have the same property rights as men. Issues such as land, property, and financial inheritance were predominantly the realm of men, much like they were in early Islamic societies. It is through the lens of historical and social progress that these differences can be appreciated.

Quranic Verses on Inheritance and Women’s Rights

The principles of inheritance and the rights of women in Islam are evident in the Quran. For instance, Quran 4:11 outlines the distribution of inheritance, emphasizing fairness and equity. It states:

He gives unto each (of you) from (spoils) that which is meet. To men is allotted what is in the breasts [i.e., what they can privately decide on their own or what they have in the treasury of the state], and to the women is allotted that which is in the breasts [i.e., what they are prepared to give or a share of the treasury]. But you know not [the decision] till Allah doth speak [it]. Verily Allah is All-Knowing, All-Wise.

This verse clarifies that women and men receive their shares from the preserved revenue, each according to their individual merit and the amount reserved by the state for distribution among the citizens.

Divorce and Child Rearing

The Quran also specifies responsibilities during the period of divorce, mentioning breastfeeding and financial provision. Quran 2:233 provides guidance for both parents and the guardian:

And for the mothers is [a share of] ease and for them is [a share of] what they eat [of the child’s food] or clothing according to common usage; whether [the father] takes for himself a wife in lieu of her or finds in himself [for the child] an appropriate substitute. No blame attaches to either for what he does for his own benefit. But [blame] attaches to him if he takes [another] wife and hides against her a greater evil [e.g., prevents her from marrying or marrying another]. But if [the one whom he hides] then repents and seeks Allah's approval, there is no blame on him. And Allah is everOft-Forgiving, Most Merciful.

This reflection showcases the holistic approach of the Quran to the rights and responsibilities of women and men in all aspects of family life, including marriage and divorce.

Conclusion

The inheritance distribution outlined in Quran 4:11 ensures that women inherit, which is often mistakenly perceived as nothing. It provides security and financial independence, which were groundbreaking in the 7th century and remain essential in contemporary settings.

Final Thoughts

While the societal norms of the 7th century were deeply patriarchal, the principles of Islam, as articulated in the Quran, provided women with rights that were often not enjoyed by women in contemporary societies. Through careful reading and understanding of these religious texts, one can appreciate the depth and breadth of Islamic law in safeguarding women’s rights, particularly in matters of inheritance.