Women in Islam: Their Acquisition and Keeping of Assets and Other Properties - Research Paper Example

?Running head: Women in Islam: Assets Women in Islam: Their Acquisition and Keeping of Assets and Other Properties Islam, which has long been believed to be a religion that sees women being lesser than men, was actually a religion that revolutionized the status of women, long before the Western civilizations even regarded women to be individuals with their own ideas and beliefs. Verses from the Holy Quran state that women, like men, may have their own assets, aside from what their husbands provide, unlike other religions, which do not permit a woman to have any property of her own, in Islam, she is entitled to have many properties, which may be from any of the following: inheritance from family members; through dowry before marriage and gifts during marriage; and settlement after being divorced. Women in Islam: Their Acquisition and Keeping of Assets and Other Properties The religion of Islam was founded roughly around the year 610 CE, when their founding father and prophet Muhammad Ibn Abd Allah was visited by the angel Gabriel during his meditations in a cave in Jabal an-Nour, Gabriel declared Muhammad, who was already 40 at that time, to be a messenger of God and was to declare that there is only one true God (O’Connor, 2009). Eventually converting his wife and the rest of his family and preaching in the streets, Muhammad called his religion “Islam”, meaning “submission to God”. A religion which emphasizes on justice and the expectation of being guided by the will of God at all times, Islam was revolutionary in the sense that women also have their say on some things as well. Although being responsible for the well-being of the husband and children is the main work of a woman, they may also do business, keep properties, and even testify during the lending of money in the case there are no men to witness it. This was believed to have sprung from the need to have a witness, wherein two women were to substitute for one man during such transactions (Sonn, 2004). A woman may seek work to earn money apart from her husband’s earnings, and she may choose not to, since it is an accepted idea that the husband would shoulder all of the expenses in the house, including hers (Mission Islam, 2011). Another radical idea in Islam is that women may also get inheritance from their fathers, brothers or other relatives, which although may only be half as much as what men will get, would still suffice for them since normally the man provides for them (Mawareeth). Also, whatever inheritance a woman gets would be hers, before marriage, during marriage, and in the unlikely event of being divorced. This rule also applies to dowries given to her before getting married, provided that the husband initiated the divorce (Naseef, 2007). Acquisition of Assets through Inheritance During the pre-Islamic times, there was only an arbitrary amount of how much a woman will inherit from her male relatives. In most cases, the woman would not be receiving any at all, and the husband’s other kin would have most of his property. After the introduction of Islam, the Qu’ran gave a fixed amount as to how much a woman may inherit from her husband, her father, or her brothers, among others. Ali (2004) quoted from the Holy Qu’ran that since the male has the equivalent of two females, the male shall inherit twice as much as a female. Unless there are two females in the household, they may get up to two-thirds of the original amount. By removing all ambiguities, the compulsory share for women got fixed, which was better than either getting either a very small amount, if nothing at all. The reason why men would be getting more is that not only do they have to support their own family, but also the bereaved family as well, such as their mother, sister/s or sister in law/s (Mawareeth). Under Muslim laws, a woman has equal, but not identical rights with men. This recognizes her individuality, takes her into consideration, and acknowledges her independent personality. No longer just a commodity like livestock or slaves, a woman was granted as the ideal partner of a man (Ali, 2004). It is not true that just having half of the inheritance makes the woman a lesser being, but rather this idea sprung from the need of a man to finance a household, thus putting situations in consideration. This is not a form of dominance of one over the other, but rather a compensation for the extra responsibilities of men (Mawareeth). Also, this is in recognition of Islam of women as a human being essential for the survival of humanity. Acquisition of Assets through Dowry Dowry, which is almost always present in most cultures around the world, has a very big misconception. In most cultures, it is payment for getting a bride. But in Islam, according to Naseef (2007), a dowry is more or less like a prenuptial agreement. It is a gift of the soon-to-be husband to his wife, which can consist of any item with substantial value, such as a poem or a huge amount of money. It is given as a token of the husband’s love, affection and dedication to his wife-to-be. When it is given, the dowry is the woman’s property even after she gets married, or in the unlikely event of getting divorced, provided that it is her husband that initiated the divorce by pronouncing the talaq. She may share it with him and her children whenever she likes, but is not a requirement. The dowry serves not only as the woman’s acquired property, but also to give her a degree of financial freedom. Another is that this would be her husband’s meaningful measure of intentions prior to marriage, as well as a guarantee of devotion to her and their marriage. It provides her with the incentive of staying true to her vows of marriage, since failing to do so would forfeit her ownership of the dowry. It is a practical gift which is meant as a sign of honor and respect to a woman. It is the recognition of Islam to the contributions and sacrifices a woman makes to keep and take care of her family (ibid.). Acquisition of Assets in Divorce Much like the Judeo-Christian belief of forbidding divorce upon married couples, Islam also frowns upon it, as it is something which displeases Allah (Nasir, 2009). However, in Islam divorce is lawful, though it is something considered grave and must be avoided at all costs. If the husband initiates the divorce, it is called talaq (lit. setting free). A man can divorce his wife if she fails to fulfill her duties to him, the children, and Allah. Another is under the grounds of impotence, or if their marriage never got consummated (Mission Islam, 2011). If the woman initiates the divorce, it is called khula or khulu (lit. taking off, as in clothing articles); though only under harsh circumstances such as maltreatment or not being provided with money or other provisions could such a divorce be initiated. It is also under the supervision of the imam or other authority. The processes that would undergo during the divorce may or may not me stipulated in the marriage contract, although it is permitted that the woman should insert clauses which she prefers upon the event of the divorce, such as child custody, child support, and the like. Divorce in this sense is under the jurisdiction of the imam and other church officials. Divorce by the court is called tafriq, which is mediated by a judge (Nasir, 2009). The process of divorce can be long, which depends on whether the woman is pure (not menstruating), having a baby or just given birth. To make sure that a woman does not carry her husband’s child, a waiting period called idda h must take place, which is around three lunar months. If it is found out that the woman is pregnant, then the talaq will be started as soon as she gives birth. Otherwise, the three-month period would be the time for talaq to manifest, unless the husband takes her back before finalizing the divorce. During the time before and after divorce, the woman would be supported by her husband until the iddah period is finished, after which she may choose to marry another man and retain her dowry. If the woman initiated the divorce, she will not get her dowry for it shall be the payment of her release from marriage (Nasir, 2009). Aside from the dowry, unless the divorce was a khula/khulu, a divorced woman can still keep her other properties earned during the marriage. She may also choose to live within her husband’s home, or go back to her home before she got married. If she is nursing her child from the previous marriage, her former husband would still have to give support to the child. Also, the mother would have custody over the child, until seven years of age, wherein the child can choose to stay with her or stay with the father. Although there is such a law and a process with regards to divorce, it is still encouraged that the couple would still sort out their differences and come to a compromise. (Mission Islam, 2011). Not only is it good for the children and the marriage, but also to both the husband and wife, since both of them wouldn’t have the burden of raising the children alone. Also, the wife does not have to suffer the stigma of being a divorcee while trying to raise her kids on a limited budget, especially if it was her that initiated the divorce. Summary and Conclusion To summarize, Islam has long been believed to see women being inferior to men, with respect to ownership and inheritance. Women, like men, may have their own properties, aside from what their husbands provide, in order to have financial freedom and a peace of mind. Islam, unlike other religions around the world, lets the woman have properties of her own, which she may choose to share or not with her husband and children. The assets that a Muslim woman might have can be from any of the following: inheritance from family members; through dowry before marriage and gifts during marriage; and settlement after being divorced. Islam recognizes and appreciates the subtle aid of women in the family and in the society. For this, the Muslim woman has been granted the privilege of owning properties that she may use at her disposal. Also, she can choose to work in order to increase her properties which she can use to help her family when the need arises. Although this does not prove her equal to a man, it still gives her empowerment which cements her contribution to the place, and the world that she lives in. References Ali, A. (2004). The rights of women in Islam. New Delhi, India: Sterling Publishers Mawareeth A. (undated). Inheritance law in Islam and women. Darul Ihsan University, Islamic Business Researches Center. Accessed November 30, 2011, from http://www.kantakji.com/fiqh/Files/Mawareeth/4015.pdf Mission Islam. (2011). The ideal Muslim husband. Retrieved November 30, 2011, from http://www.missionislam.com/family/husband.htm Naseef, O. (2007). Liberation theology: Islam and the feminist agenda in the Qur’an. Bloomington, IN: AuthorHouse. Nasir, J.J. (2009). The status of women under Islamic law and modern Islamic legislation. Leiden, Netherlands: Koninklinje Brill NV. O’Connor, F. (2009). History of Islam. New York: Rosen Publishing Group. Sonn, T. (2004). A brief history of Islam. Malden, MA. Blackwell. Read More