11.04.2013 Views

Download - University of Salford Institutional Repository

Download - University of Salford Institutional Repository

Download - University of Salford Institutional Repository

SHOW MORE
SHOW LESS

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

to defend the tribe or bring in booty. So, the property <strong>of</strong> a man who<br />

had only female children was distributed among their uncles.<br />

the dead man's brothers).<br />

1<br />

(i. e.<br />

Depriving the woman <strong>of</strong> a share in the inheritance was not practised<br />

by Pagan Arabs only. this Practice was common among many other nations.<br />

For example, in ancient Greece, the woman could not inherit property,<br />

and she was even treated as a commodity and was considered as a part<br />

<strong>of</strong> her custodian's wealth. It was suggested that "Follwwing the death<br />

<strong>of</strong> a Greek woman's father, his inheritance was distributed among her<br />

brothers. And, if she had no brothers, she was to be amrried tp the<br />

oldest heir. So, she was a part <strong>of</strong> the inheritance from which she<br />

had nothing. Her son from'such a marriage was to belong to the mother's<br />

father. and was to be given into custody la. .<br />

ter on.,<br />

Moreover, -in the same way, in Hamurabi Is law, women were deprived <strong>of</strong> the<br />

right to inherit.<br />

In the Roman society, during the times <strong>of</strong> the first republic, a man<br />

was the head <strong>of</strong> his family. He had the proprietor's rights over his<br />

gn<br />

wife and childIfie was the religious and political leader <strong>of</strong> his<br />

family and he was the person who was charged with all his family affairs;<br />

he was responsible for buying, selling, contracting and running all<br />

the affairs <strong>of</strong> his family. The woman had status relative to the man<br />

and even legally she had no consideration as feminity did not provide a<br />

qualification for such consideration, just like childhood or madness. 3<br />

Also, the- Hebrew woman did not have a share in the<br />

1, See al-KIMA, al-Bahiyy. al-lsl; m was al. Marl ahal-Mule; srah (Islam and<br />

The Contemporary Woman). P. 201<br />

2. Bayyham. Muhammad, Al-Mar I ah fi- al-Tar7kh wa al-SharA 7., quoted by<br />

al-Hzrfr, op. cit., P. 339<br />

3. Bar Muhammad, Mabildila al-Qarrun al-Roman"I*, P. 107, quoted by"Arfa<br />

Sulaiman, HuqZ7q al-Marah ff'al Islgm', P. 32<br />

2<br />

68

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!