Entry: ..3rd and 4th issues.. Friday, September 05, 2008



Third issue: Inheritance

 

            Muslim feminists tend to raise the issue of justice between genders by saying that Islam oppresses women when it comes to the matter of inheritance. Allah says in the Quran, "Allah (thus) directs you as regards your children's (inheritance): to the male, a portion equal to that of two females…." (4:11).[1] The term justice itself is very subjective. Justice does not mean equality but it means putting things at their proper place in accordance to their necessities.

            From the Islamic perspective, men, be he a husband, a brother or a son, have bigger responsibilities compared to women. They have responsibilities towards their dependant and to the society as had been mentioned in the previous verse that men are charged with the maintenance of all the women and children in their family whereas the property that women get from inheritance is for her alone and is entirely her own. However, women can get more than what they got by a special legal will called 'wasiyya'. [2]

 

Fourth issue: Marriage and polygamy

 

            The question of polygamy in Islam had been given great concern not only as an argument against Islam by Non-Muslim but also by many Muslim women who are in worry that their husbands are going to take another wife as it is allowed in Islam. They argue that polygamy is a form of oppression towards women. Allah says in the Quran:

If you fear that you shall not be able to deal justly with the orphans, marry women of your choice, two or three or four; but if you fear that you shall not be able to deal justly (with them), then only one or (a captive) that your hands possess… (4:3).[3]

            From the verse above, it is clear that Islam allows polygamy with certain conditions and restrictions. Polygamy is indeed allowed but it is not obligatory. "Islam does not impose polygamy as a universal practice. One should therefore regard monogamy as the norm and polygamy as the exception".[4] There are rules that should be followed by men who intend to practice polygamy. The husbands should first get permissions from their wives. The wives and their families have the right to know and even reject the marriage if the husbands are not qualified.[5] This shows that Islam really emphasizes on doing good to wives and to glorify their status. Besides, the wives should be treated equally as had been mentioned in the above verse. Otherwise, monogamy is encouraged.

            In conclusion, marriage should be sincerely intended to seek the pleasure of Allah. History shows that the prophet had married more than one woman at the same time throughout his life. There are a lot of reasons and benefits behind it as had been mentioned before. During the ancient's ace, one of the reasons to practice polygamy is due to inevitably large numbers of widows, girls and orphans as a result from wars.[6] This seems beneficial to women since women outnumber men. "It may be better to accept the reality temporarily until the balance is restored, rather than to have them suffer psychologically and socially".[7] This is due to the nature that women need men's protection and care since both compliments each other. Likewise, women still outnumber men. According to a research done in United Kingdom, "There were 30.7 million females compared with 29.5 million males in the UK population mid-2005".[8]

            There are certain circumstances in which polygamy is encouraged such as when the first wife is chronically sick or infertile. Besides, this condition also applies to the situation called eternal triangle when the husband has an affair with another women.[9] Now, let's look at some of the benefits from polygamy. Polygamy can prevent adultery and other social diseases related to it such as mistresses, out of wed-lock baby and others. The original scripture of Jews which is the Old Testament had also mentioned about the practice of polygamy but it is just that their followers who rejected it. According to Fathi Othman:

The difference is that while the Western man has no legal obligations to his second, third or fourth mistresses and their children, the Muslim husband has complete legal obligations towards his second, third or fourth wife and their children.[10]

            The Islamic law ensures the rights of the wives and also their children whereas the West neglects it. Polygamy also ensures the security of marriage as polygamy prevents family break-up and other problems accompanying it compared to the other available alternatives such as divorce.

Furthermore, the concept of dowry in Islam is different from other cultures and religions. In Islam, the dowry is specially given to the bride from the groom as a symbol of glory and appreciation. The husband has no right to the dowry whereas in Europe, the dowry is given by the father of the bride to the groom and it becomes the husband's property. On the contrary, the dowry in Africa is given as a form of compensation or payment to the father of the bride.[11]

            Verily, Islam really elevates women status in many ways. The rights of women are also protected by the Islamic law which was revealed by Allah for the benefit of all humankind. There are also many examples of successful women in the past which should be adopted as icons or models by contemporary women. By following the Islamic law, we are in the journey for seeking the pleasure of Allah.



[1] 'Ali, A. Y., The Holy Quran Text and Translation, (Kuala Lumpur: Islamic Book Trust, 2005) 87.

[2] Lemu, B. A. & Heeren, F., Women In Islam, (United Kingdom: Islamic Council Of Europe, 1978) 24-25 and  Othman, F., Muslim Women In The Family And The Society, (California: Minaret Publications, 1996) 23.

[3] 'Ali, A. Y., The Holy Quran Text and Translation, (Kuala Lumpur: Islamic Book Trust, 2005) 85.

[4] Lemu, B. A. & Heeren, F., Women In Islam, (United Kingdom: Islamic Council Of Europe, 1978) 27.

[5] Othman, F., Muslim Women In The Family And The Society, (California: Minaret Publications, 1996) 28.

[6] Lemu, B. A. & Heeren, F., Women In Islam, (United Kingdom: Islamic Council Of Europe, 1978) 28.

[7] Othman, F., Muslim Women In The Family And The Society, (California: Minaret Publications, 1996) 28.

[8] http://www.statistics.gov.uk/cci/nugget.asp?id=1651

[9] Lemu, B. A. & Heeren, F., Women In Islam, (United Kingdom: Islamic Council Of Europe, 1978) 28-29.

[10] Othman, F., Muslim Women In The Family And The Society, (California: Minaret Publications, 1996) 29.

[11] Lemu, B. A. & Heeren, F., Women In Islam, (United Kingdom: Islamic Council Of Europe, 1978) 20.

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