| Pain, Pleasure and Prejudice The Complete Layman’s Guide to the Koran Chapter 11 Who Gets What Women and the Koran II Which came first; the divine instructions that led to the seclusion of believing women or the divine instructions that made it easier for men to accumulate wealth at the expense of believing women? An argument could be made that the first made the second inevitable. The Invisible, Illiterate Woman Allah’s instructions on how women should dress, with whom they can be seen in public and how they should behave in private and in public have been interpreted in traditional Islamic societies as meaning that women should be invisible except to their immediate family, their husbands and, with certain restrictions, their husband’s family. A good believing wife will not invite into her husband’s home anyone of either sex whom he does not approve of. In keeping with Allah's commands, traditional Islamic societies require that post-pubescent girls (teenagers) and women remain secluded in their fathers’ or husbands’ houses. If they must go out in public they are required to be accompanied by their father, husband or a male relative covered from head-to-toe in a voluminous sack-like blue garment with a mesh grid over the eyes (a burqua) or a shapeless black robe and black gloves with a face-covering black veil with a slit for the eyes (a niqab). Usually a sign that the individual is a follower of one of the more strict or radical schools of Sunni Islam. Traditional Islamic societies guided by Allah’s ideal of the perfect women, see the post-pubescent female’s role in simple terms: baby making machines, stay-at-home mothers, housekeepers and sexual gratification objects. Daughters are married off as early as possible after they have started menstruating and in some countries even earlier, as in Iran for example. The Ayatollah Khomeini in his monumental collection of commentaries on Islamic jurisprudence and morality, the Tahrirolvasyleh, wrote that “it was better in the eyes of God if a girl started menstruating in the home of her husband instead of that of her father and that any father marrying his daughter so young will have a permanent place in heaven.” In traditional Islamic households the mother is expected to raise her daughters until her husband can arrange an advantageous and usually profitable marriage. A marriage to a relative is preferred, usually an uncle or a nephew so as to keep the wealth within the clan, tribe or family and to strengthen clan, tribal and familial ties. The mother is also responsible for raising sons until they reach the age of seven, when the proud father will then take over their up-bringing. Considering the onerous restrictions placed on women in traditional Islamic societies and their limited role in their children’s education which consists mostly of teaching them the Koran and familiarizing them with Islamic laws and traditions it is understandable, only reasonable, that education for women and girls would be seen as a luxury by many in the umma, the community of believers. The Taliban took the interpretation of the Koranic view of believing women’s limited but crucial role as mothers, housekeepers and lovers to its logical extreme and simply denied females the right to a formal education. The severe dress code, the denial of an education at least equal to a man’s and the restrictions place on women’s freedom of movement in traditional Islamic societies makes it extremely difficult, if not impossible, for women to work in a well-remunerated job outside the home or in a job that will earn them as much as a man. Also, the lion’s share of any wealth they may accumulate must under Koranic inheritance and property laws sooner or later, usually sooner, end up in the pockets of their husband, their husband’s brothers, their husband’s parents and their male offsprings. The net result is that, in traditional Islamic societies, it is next to impossible for women to earn an income of their own or accumulate any real wealth, thus making them totally subservient and beholden to the men who have the means of providing them with everything from the basic necessities of life to simple luxuries. I suspect that the Prophet’s first wife, an independent, wealthy woman in her own right, would not have been pleased. The Prophet Muhammad, we are told, loved and respected his first wife, which is why I believe the forced seclusion of women and all the ills that it entails may have had nothing to do with Allah wishing to condemn believing women to a prisoner-like, subsistence existence. This forced seclusion of women and teenaged girls may just have been a misinterpretation of Allah’s instructions by those who came after the Prophet Muhammad. They may have misinterpreted revelations from Allah that were just meant to get His Messenger out of jam, as you will discover in the chapter The Perfect Wife, when the youngest of his fourteen wives was suspected of committing adultery. In any event, it was a bad idea! While the seclusion of women may have been an unintentional consequence of the Allah trying to help His Messenger extricate himself from an embarrassing situation, Allah did close a number of loopholes in pre-Islamic laws and traditions that might lead women to “accidentally” accumulate wealth or at least more wealth than a man; for example, inherited wealth. To avoid such an eventuality God’s Messenger received a number of revelations on the disposition of an inheritance from a deceased spouse. Wills and Witnesses 4:33 To every one We have appointed heirs to inherit part of what of what the parents of the kinsmen bequeath. Those with whom you made a compact, give them their share. Surely Allah is witness to everything. Two verses about witnesses and wills. Since only a woman’s close male relatives could be seen in her presence, I assume, based on the phrase “from another folk”, that the following instructions are for men only and that only men could be witnesses to a person’s last will and testament. 5:106 O believers, when death approaches any of you, let two just men from among you act as witnesses at the time of testament; or two other from another folk if you happen to be travelling abroad and are overtaken by the calamity of death. You will detain them (the two others) after the prayer and they will swear by Allah if you are in doubt: “We will not sell Him [Allah] for any price, even if a near kinsman is involved and we will not keep secret the Testimony of Allah (the testimony which Allah enjoins); for then we would surely be sinners.” The witnesses should be sinless and swear to that effect. 5:107 If, however, it is discovered that they have committed a sin, then two others shall take their places from among those against whom the first two had sinned. Whereupon they shall swear by Allah: “Our testimony is more truthful than their testimony and we have not transgressed, or else we would surely be evildoers.” 5:108 Thus, it is likelier that they will bear witness properly, or fear that other oaths will contradict their own oaths. Fear Allah and listen well; for Allah does not guide the wicked people. Another revelation about what to do when death approaches which, “According to some classical commentators”, writes Fakhry in a footnote, “… was abrogated by the law of inheritance.” 2:180 It is prescribed for you that when death is imminent for one of you and he leaves wealth, he should equitably make a testament in favour of the parents and the near of kin. This in incumbent upon the righteous. A self-evident revelation about whoever falsifies a will followed by an equally manifest revelation that helping a dying man and his kin come to an understanding as to the fair dispossession of his estate is not a sin. 2:181 Whoever then changes it after he had heard it, the sin committed is that of those who change it. Allah is All-Hearing, All-Knowing. 2:182 Should anyone, however, fear any inequity or offence from a testator and reconciles them (the testator and the beneficiary), he shall incur no sin. Allah is Forgiving, Merciful. Husband Dies Following are verses pertaining to the disposition of a recently deceased male's property. As mentioned earlier, male offsprings get the lion’s share. Sisters are only entitled to half the share of a brother and, if there are more than two females, the male is entitled to one-third, with the rest being divided among the females (I assume sisters) whatever their number. 4:11 Allah commands you, with respect to your children, that the male shall inherit the equivalent of the share of two females. If there be more than two females, then they should receive two-thirds of what he (the deceased father) leaves; but if there is only one female, she is entitled to one-half … If he did not father any children and he has no brothers: 4:11 … To each of his parents, one-sixth of what he leaves, if he has any children; but if he has no children, then his parents will inherit him, the mother receiving one third … If he has any brothers and dies childless the formula changes. No mention is made of sisters of the deceased being entitled to anything. 4:11 … But if he has any brothers, then his mother receives one-sixth, after any will he had made or any debt he had incurred [is taken care of] … ------------------------ As proof that even rulings from Allah can be interpreted so as to increase their equitability, brothers of the deceased father in the Shi’ite version of Islam are not automatically entitled to a share of an inheritance. ------------------------ The verse ends with Allah acknowledging that it is difficult to choose between who is the better investment, fathers or sons (no mention is made of daughters) when it comes to the proceeds of an inheritance, and finishes with the usual praise for the rule maker. 4:11 … Your fathers and sons – you know not who of them is of greater advantage to you. This is a law from Allah; Allah surely is All-Knowing, Forbearing. Less they missed it the first time; Allah reminds the faithful of His two-for-one rule in His instructions on the disposition of an inheritance where the only beneficiaries are brothers and sisters of the deceased. 4:176 [If] they consult you, say: “Allah enjoins you regarding him who dies leaving neither children nor parents. If he leaves a sister; she is entitled to half of what he leaves behind; and he inherits her if she has no children. If he leaves two sisters, they are entitled to two-thirds of what he leaves behind; but if they are brothers and sisters the male will have the equivalent of the share of two females. Allah makes it clear to you lest you go astray. Allah has full knowledge of everything!” What about the family home? From my reading of the following verse, the former wives of the dearly departed are allowed to stay in the family home for up to a year before the relatives of the deceased husband move in and they have to move out. 2:240 Those of you who die leaving wives behind should bequeath to them a year’s provision without turning [them] out (from their homes). If however, they leave [their homes], then you (the relatives of the dead) incur no offence for what they do in a rightful way to themselves. Allah is Mighty, Wise. Wife Dies Allah’s instructions as to the dispositions of a deceased wife’s property, as far as I can tell, are all contained in verse 4:12. The key provision here again is, that the husband who has lost his wife is entitled to more than a wife who has lost her husband. The two-for-one rule appears to still apply. I will let you do the math. 4:12 You are entitled to half of what your wives leave, if they have no children; but if they have any children, then you are entitled to one-quarter of what they leave, after any will they had made or any loan they had incurred [is taken care of]. And they are entitled to one-quarter of what you leave, if you have no children; but if you have any children, then they are entitled to one-eight of what you leave, after any will you had made or loan you had incurred [is taken care of]. And if a man or a woman dies having no children or parents, but has a brother or sister, then each shall have one-sixth; if they are more than that, then they shall share one-third, after any will made or debt incurred [is taken care of] without prejudice. This is a Commandment from Allah, and Allah is All-Knowing, Forbearing. Islamic scholars like Yahiya Emerick dismiss this double standard in Allah's revelation regarding the disposition of an inheritance saying “in Islam only the man is compelled to spend money in support of his family therefore he should be entitled to a bigger share of the inheritance.” How convenient. A woman, under a system that has made her less wealthy than her partner is denied her fair share because she is less wealthy than her partner. Divine circular reasoning! Since the husband is not inconvenience by seeing his wealth diminished in any way on the death of a spouse, he is unlikely to transgress any of Allah's Ordinances pertaining to his share of his wife's inheritance; but should a widow seek a larger share than Allah's math allows, it's in the Fire with her when her time comes. 4:13 These are the Ordinances from Allah, and whoever obeys Allah and His Messenger, He will admit into Gardens beneath which rivers flow, abiding therein forever. That is the great victory! 4:14 But whoever disobeys Allah and His Messenger and transgresses His bounds, He will admit into the Fire, wherein he shall abide forever, and his will be a demeaning punishment. ~~~~~~~~~~~~~~~~~ Polygamous marriages must make determining a fair share for each wife from the 25% (or the 12.5% if children are involved) of their husband's estate somewhat difficult to determine. How do you arrive at a fair share for a young wife who has only been with her husband a short time, and another who has given him children and who, because of her age and other factors is unlikely to find another man to look after her. The formula, even if Allah had decided to include one in His Koran and hastened the discovery of algebra to allow for unknown values such as the number of wives, days of marital bliss, pregnancies etc. would have been complicated in the extreme, and not befitting a god who likes to keep it simple e.g. his two for one rule.
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