Right Moslem of the successions

Death taxes of the women restricted préxistants in various civilizations

Just like in the Code Napoleon of 1804 applied in the European countries, the widow did not profit from any right as regards succession of joint sound. This right was drew its préexistance under the Roman Empire, owing to the fact that the man had all the rights on his family. Even that of life and died on its wife and her children, without having to return accounts. In England, she was still not regarded as citizen until in 1805, the man had for example the right to sell his wife.

The place of the woman in the system of the Moslem successional right

The Koranic verses relating to the succession contain a verse which indicates a share for the woman and both remainder for the man, this verse is: “As for your children: God orders to you to allot to the boy a share equal to that of two girls…” “women 11”.

Only, the majority of those which raise the question of the successional difference between the two sexes are unaware of that this verse speaks about a single case not implying any consequence on the capacity of the woman as an human being enjoying a completely honourable legal status. Indeed, so in only one case one allots to the woman half of what one allots to the man, one is far from a rule general treating the successional rights of woman in the constant and immutable way.

The philosophy of the succession in Islam is characterized not by the masculinity and femininity, but by the rights and the duties imposed on each of the two sexes. There exist also divine wisdoms and doctrinal purposes.

There are however three measurements managing the successional rights in Islam:

1 - Degrees of relationship of the heir man or woman with the late one:

The stronger this bond is, the more the share increases. Consequently the share drops proportionally with the weakness of the parental bond without consideration of the sex.

2 - The chronological place in the space-time field.

Islam allots more successional rights to those which face the life than with those which are diverted some. Young people which will have to assume responsibilities, owing to the fact that they will have more time to live than the elderly. That without consideration of the anatomical aspect.

Example: the girl of late inherits more than the mother of late and more than the father of the late one; even when, it is this father-even who was the source of richness of his son. Because the girl will have with it only half of the succession in this precise case.

3 - Financial expenses imposed by Islam on the heir with respect to the family members, including the woman.

Because the Moslem right forces the man to provide for the needs for the woman that it is sister, mother or wife. When the heirs have a similar parental bond with the late one and are in the same heiress generation like the direct children of the late ones, the financial expenses will be déterminatrice of the successional shares. Coran did not generalize the going beyond between the man and the woman in all the successional heritage. It rather restricted it with this precise case known among people of authority. Indeed, in this case, disputed by some, the man “wire of late” must absolutely provide the needs of his wife and his child, which required a share moreover than his/her sister, while his/her sister, if it were married, it has a husband who provides for his needs and its share remains intact, which is not the case of his/her brother. But if she were not married, at this time there his/her brother (which inherited a share moreover than she) must provide for his needs. It is as to recall as in Moslem successional right there do not exist fiscal charges (TAX ON SUCCESSION) this concept of " tax on the mort" being completely foreign with the Moslem right.

1. In the whole of the Moslem successional system, in only 4 cases the woman inherits half of what the man inherits.

2. In more than 8 cases, the woman inherits the same share as the man.

3. In more than 10 cases, the woman inherits more than the man.

4. In several other cases, the woman alone inherits.

  • At the quarmatiens, a group esoteric of Arabia, had instituted the equality between man and woman as regards successional right.

See too

Related articles

  • Moslem Right

External bonds

  • oumma.com

  • the Iranian Parliament gives to the women the same right to the heritage as to the men
  • article '' muslimfr ''

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