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Mirath - The Laws of Islamic Inheritance

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not look at the broader picture. If one considers this, then one will see<br />

that the Isl\mic implications are extremely accommodating (at times<br />

very favourable) <strong>of</strong> the rights <strong>of</strong> women.<br />

Isl\m, while allowing women to work, does not impose this upon<br />

them. Isl\m ordains that the responsibility <strong>of</strong> providing provision and<br />

fulfilling the needs <strong>of</strong> a woman are given to her male relatives as an<br />

incumbent duty, in this particular order:<br />

Husband - as long as a woman is married, all her needs are to be<br />

fulfilled by her husband.<br />

Son - If a woman is not married but has sons who are capable <strong>of</strong><br />

working, the responsibility <strong>of</strong> providing for her is placed upon her<br />

son(s).<br />

Father - In the absence <strong>of</strong> the first two, the responsibilities are the<br />

father’s. This is irrespective <strong>of</strong> the woman’s age.<br />

Brother - If the woman does not have the above’s support for<br />

whatever reason, then the responsibility <strong>of</strong> her maintenance is<br />

upon her brother (firstly the full brother, then the consanguine,<br />

then the uterine).<br />

At no time does Isl\m impose any sort <strong>of</strong> expenses upon her, but rather<br />

ensures that all her needs and expenses are catered for, by her male<br />

relatives. It is these same relatives that have a responsibility to look<br />

after her and her female counterparts. Isl\m has given to the males the<br />

advantage <strong>of</strong> gaining more from the inheritance, coupled with the<br />

added responsibility.<br />

THE `A%AB¬T - RESIDUARY HEIRS<br />

Residuary heirs are predominantly male. <strong>The</strong> only time when females<br />

are residuary heirs is either if they are sharing with their male<br />

48

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