Depriving Women of Inheritance

Shar’i rulings regarding Islamic Sisters

Mufti Muhammad Qasim Attari

Depriving women of inheritance

What do the scholars of Islam and Muftis of the Shari’ah say about disinheriting daughters by declaring them to be ‘Aaq (disobedient to their parents)?

Danish Azhar: (Quetta, Rawalpindi)

بِسْمِ اللهِ الرَّحْمٰنِ الرَّحِیْمِ

اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ ھِدَایَةَ الْحَقِّ وَالصَّوَابِ

The word ‘Aaq’ refers to someone who is disobedient. Those who are disobedient to their parents become ‘Aaq themselves and are guilty of committing a major sin and the parents declaring them ‘Aaq has no bearing on this. Nonetheless, the meaning of ‘Aaq is certainly not that they will be deprived of their share of inheritance. Nowadays, some people declare their offspring as ‘Aaq and attempt to disinherit them; this has no Islamic basis and does not actually disinherit any rightful heir. In fact, the perpetrator of this act is committing a sin. Inheritance is an Islamic right, enshrined in the Quran, which cannot be overruled by a person merely claiming it is cancelled. Coming to the question, whether the child is a son or a daughter, depriving them of their share of inheritance by deeming them ‘Aaq is unlawful in Islam and the child will remain entitled to their rightful share as per the portions determined by Islamic Law.

Moreover, depriving daughters of their share of inheritance, partially or entirely, due to ignorance or custom, as occurs in some places, is completely Haraam and a sin that leads to the Hellfire because it is a form of unjustly taking someone else’s wealth and a practice of some disbelievers.

وَاللہُ اَعْلَمُ عَزَّوَجَلَّ وَ رَسُوْلُہٗ اَعْلَم صلَّی اللہ علیہ واٰلہٖ وسلَّم

Salah of a married woman visiting her parents

What do the scholars of Islam and the Muftis of the Shari’ah say about a woman who lives in Hyderabad and got married in Karachi, and now has permanently ceased residing in Hyderabad, having moved to Karachi with her husband now when she comes to visit her parents’ home in Hyderabad for 4 or 5 days would she read her full Salah or Qasr (traveller’s Salah)?

بِسْمِ اللهِ الرَّحْمٰنِ الرَّحِیْمِ

اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ ھِدَایَةَ الْحَقِّ وَالصَّوَابِ

In the aforementioned situation, since the woman has ceased living in Hyderabad and has now moved permanently to Karachi with her husband, this means that now Hyderabad ceased to be her original residence (Watan Asli). Therefore, when visiting her parents’ home for a duration less than 15 days and nights, she will perform Qasr Salah (i.e. she will read two Rak’aat Fard instead in place of four Rak’aat Fard). The reason for this is that if a woman starts living in the city of her husband after marriage and permanently ceases living in her parents’ home, then her parents’ home no longer remains her Watan Asli. In this situation, if there is a distance of at least 92km between the city of her husband and that of her parents, and she comes to her parents with the intention of staying for less than 15 days and nights, then the command for her is to perform Qasr Salah in place of the four Rak’aat Fard Salah.

وَاللہُ اَعْلَمُ عَزَّوَجَلَّ وَ رَسُوْلُہٗ اَعْلَم صلَّی اللہ علیہ واٰلہٖ وسلَّم

 

Share

Articles

Comments


Security Code