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A ‘Discrepancy’ in the Qur’anic Law of Inheritance

 

Question: A Hindu friend of mine has pointed out the following ambiguity in the Qur’anic verses which mention the law of inheritance. Please help me in removing his misconception. While alluding to these verses, he writes:

Let us suppose that a man dies and leaves behind three daughters, both parents and his wife. According to the verses stated below, the three daughters together will receive 2/3 of the share, both the parents will receive 1/3 of the share and the wife will receive 1/8 of the share. Let us add these:

2/3 + 1/3 + 1/8 = 9/8 = 1.125.

The distribution of the property adds up to more than the available property! How can this distribution be possible? Obviously, this is a great error.

I now quote the relevant verses:

 

Allah directs you as regards your children’s [inheritance]: to the male a portion equal to that of two females: if only daughters, two or more, their share is two-thirds of the inheritance; if only one, her, share is a half. For parents, a sixth share of the inheritance to each, if the deceased left children; if no  children, and the parents are the heirs, the mother has a third; if the deceased left brothers the mother has a sixth... (4:11)

 

In what your wives leave, your share is a half, if they leave no child; but if they leave a child, you get a fourth; after payment of legacies and debts. In what you leave, their share is a fourth, if you leave no child; but if you leave a child, they get an eighth… (4:12)

 

Answer: I am afraid that your friend has wrongly interpreted the law of inheritance from the Qur’an. It is this erroneous interpretation which has caused the apparent anomaly. In this regard, the foremost thing which needs to be appreciated is that the children of a deceased are the real beneficiaries of his or her inheritance. This is evident from the fact that their shares are not mentioned as a fraction of the total inheritance left behind. Rather they are mentioned in a way which indicates the proportion between the male children and the female ones. This entails that they shall be handed their shares in this proportion only after the rest of the inheritance is distributed in the prescribed way. Consequently, if the deceased only has female offspring (as in this case), their two-third share will be given from what remains after the inheritance is distributed among the rest of the heirs; your friend has made the cardinal mistake of giving this two-third share from the total inheritance. This of course has resulted in the anomaly that the shares exceed the available inheritance.

Let me give you an example to illustrate what has been said above. If it is said: ‘This money is for the children. Let each boy receive twice as much as a girl, and let the father receive half the amount and the brother one-fourth the amount’, any person who has a little linguistic sense will clearly understand these sentences to mean that the money is actually meant for the children. If these sentences had ended without a mention of the father’s and brother’s share, all the money would have been distributed among the boys and girls in the proportion indicated. But since the father is also to be given half the amount and the bother one-fourth the amount, it is imperative that the father and the brother should first receive this amount and the what remains should then be distributed among the children.

Consequently if the shares of the children are given from the what remains after giving the shares of the parents and the wife, they never exceed the actual amount. In the given situation, the shares are:

 

Share of the parents: 1/3 of the total amount 

Share of the wife: 1/8 of the total amount

Share of the three daughters: 2/3 of what remains after giving the above shares.

 

 

Why should Finger Nails be Trimmed?

 

Question: I have been told that Muslims must keep their finger nails trimmed. I must tell you that I am a sincere student of Islam. As a woman, I would like to know the reason behind this directive. Also, whether I can grow my finger nails if I can manage to keep them neat and tidy?

Answer: It needs to be appreciated that the real message of Islam is purification. Islam wants a person to remain physically as well as spiritually clean. While for spiritual cleanliness it has given us a whole system of worshipping the Almighty, for physical cleanliness it has prescribed certain directives like shaving off hair under the arm pits and around the private parts. Similarly, for the very purpose of hygiene it has directed their male offspring to be circumcised. Keeping nails trimmed is another directive given for the same reason.

As far as the second part of your question is concerned, it needs to be appreciated that it is only the prerogative of the Shari‘ah to determine the extent of cleanliness required in certain areas, for in such areas human intellect is unable to reach with certainty the required standard of cleanliness. So just as the Shari‘ah has told us to shave off the hair around the private parts rather than allowing us to maintain clean grown hair around them in order to achieve the required standard of cleanliness, it has told us to trim the finger nails rather than allowing us to maintain clean grown nails in order to achieve this objective.

 

 

The Qur’anic View on Creation

 

Question: My question regards the creation of man. There has been a lot of physical evidence to show that there were other types of human forms before the creation of Adam (sws) & Eve? Are we then supposed to believe in the theory of evolution proposed by Darwin? How does Islam explain this physical evidence?

Answer: I think if the Qur’anic view on creation is understood, your question will be answered. Following are the three fundamental verses which discuss this view:

 

The similitude of Jesus before Allah is that of Adam. He created him from clay. (3:59)

 

O mankind fear your Lord who created you from one person and created his mate from his kind and from these two scattered countless men and women. (4:1)

 

He began the creation of man with clay; then made his progeny from the essence of an ordinary fluid; then he perfected him and breathed into him something of his spirit and gave you the faculties of hearing and sight and the heart. (32:7-8)

 

A reflection on the first two verses reveals that Adam (sws) and Eve were directly created by the Almighty from clay. They did not descend from any other species as proposed by Darwin. The rest of mankind is the seed of Adam and Eve.

A deliberation on the third verse shows that it can imply either of the following two:

a. The three stages of creation mentioned in the verse all pertain to Adam and Eve, the progenitors of mankind. In other words, after being created from clay (the 1^st phase)1, they subsequently developed the ability to reproduce at a later age (the 2^nd phase)2 . Finally, after some more time elapsed, they entered the third phase3whence they were perfected both physically and spiritually and received the divine spirit from the Almighty. At this stage, they were also blessed with certain faculties which elevated them from other life forms on earth.

b. It would also not be wrong to conclude from the verse that all these three phases did not pass on the first humans created; rather each of the phases lasted for many years during which many life forms were created having the characteristic of their respective periods together with that of the previous one(s)4. In other words, this would imply that human forms were initially directly created from clay5 because they did not have the ability to reproduce. In this phase, which may have lasted for millions of years their physical form after passing through various stages culminated in the homo sapiens of today. Millions of species may have been created like this. Among them, many went extinct and the others lived to enter the second phase. In the second phase, the human forms now had the ability to reproduce6 and direct creation was no longer required. Adam and Eve were the first directly created pair from clay which had this ability to reproduce. It was this very pair which entered the third phase and was perfected physically so that it could receive the divine spirit from the Almighty and be blessed with the faculties of sense and reason as is specified by the last part of the verse7 . In the second phase, except Adam (sws) and Eve all other pairs who had the ability to reproduce pairs were not perfected and later died away.

Consequently, if this explanation of the verse is accepted, it would mean that in the first phase several human forms were directly created from clay but did not have the ability to reproduce and were not perfected to become human beings and later died. Similarly, as mentioned before, in the second phase, except Adam (sws) and Eve all other pairs who had the ability to reproduce pairs were not perfected and later died away.

The fossils we find today are those of these forms of the first and second phases.

 

 

The Right to Beat Wives

 

Question: Why does the Qur’an give husbands the right to beat their wives? This sounds like pure savagery. Are we women to be treated as animals? I have seen my own father misusing this right on my mother. This has always distressed me. Please allay my apprehension.

Answer: Before I answer your question, let me allude to a few basic premises which need to be understood beforehand in this regard:

It is a common observation that every human individual born on this earth has to remain dependent on a number of relationships throughout his lifetime and without these he cannot embark on the tempestuous voyage of his life. In the prime of his youth, he might consider himself to be the king of the world but during his childhood and old age he needs the love and affection of the near ones which must not cease with time. In both these periods of life, he must be looked after by those who have warmth and compassion for him. In other words, his life demands relationships which should be permanent in nature so that his parents, children, brothers and sisters -- all can play their role in his life. Keeping in view this all important aspect, Islam lays its social structure on the basis of a permanent relationship between a man and a woman. This relationship comes into existence in the form of an everlasting marriage bond and the two constitute the basic ingredients of a family. On the permanence and well being of the institution of the family stands the whole fabric of a society. In other words, if this institution looses its stability, the whole society is shaken from its roots and reduced to a state of communal anarchy. Islam wants to preserve this set-up as much as possible. For this very reason, the Prophet (sws) has regarded the severing of marital ties in the form of divorce as a most unpleasant happening. The right granted to a husband to physically admonish his wife in a certain situation is a last resort to preserve this set-up. It needs to be appreciated that this right has been given to the husband as the head of the family. As such, it is a requisite of authority. In other words, it is not ‘gender specific’ it is ‘authority specific’, that is whoever has the authority to head a family must be given this right. In other words, had a wife been made the head of the family, she would have had this right.

However, there are several details regarding this right which must be understood. Before they are mentioned, it is essential that the family set-up envisaged by Islam be first understood. In this regard, what needs to be appreciated is that a husband and a wife complement one another. Complementing one another means that they complete certain voids present in each other. Each has certain dominant characteristics peculiar to it. The Qur’an says that for a healthy society, both sexes should acknowledge each other’s inborn qualities and characteristics and not become jealous:

 

And in no way covet those things in which Allah has bestowed you His gifts more freely on some of you than on others: Men shall be given a share from what they earn and women shall be given a share from what they earn, and ask Allah of His bounty. For Allah has full knowledge of all things. (4:32)

 

In other words, what the Qur’an is implying here is that the real sphere of competition is not natural abilities for they have been bestowed by the Almighty; it is the sphere in which one uses these abilities to earn for one’s self some reward in the Hereafter in which men and women should strive and compete with each other.

The Qur’an then goes on to describe the organization of the family set-up by saying that a husband is the appropriate choice to head a family:

 

Men are the guardians of women because Allah has given one superiority over the other and because they    [--- men ---] support them from their means. (4:34)

 

According to this verse, men are more suited to head a family because of the fact that they are physically and temperamentally more suited. This suitability has been ingrained in their nature by the Almighty. Their physical strength and mental disposition make them more appropriate of the two to carry out this responsibility. The word qawwam (guardian) combines in it the concepts of physical protection and moral responsibility.

The second reason pointed out by this verse for this choice is that on a man lies the responsibility of earning for his wife and children. It is but natural for one who financially maintains and looks after the individuals entrusted to him to be at the helm of their affairs. In this regard, however, it must remain clear that Islam does not forbid women to earn a living. It has only freed them from the responsibility of earning, which lies upon men. It also needs to be understood that the verse does not say that the one among the husband or wife who supports the family should become the head; husbands, whether their wives earn or not, are liable for this responsibility. A woman may earn if she likes or if some need arises, but since she has not been entrusted with this duty she has not been given the governing position in the family. Moreover, the verse very clearly states that men’s superiority to women is not absolute; it is only relative and confined to certain spheres. Consequently, there are certain spheres in which women by nature -- physical, physiological  as well as psychological -- are far superior to men and much more suitable to do certain tasks.

Next, the Qur’an urges pious women to adopt two attitudes in order to promote harmony and well-being within the set-up of a family:

 

So, pious women are obedient [to their husbands] and keep their secrets for Allah also keeps secrets. (4:34)

 

Firstly, they should adopt an attitude of submissiveness and docility before their husbands. Just as law abiding citizens obey the rules and regulations of the state they are a part, wives should follow the code of conduct of the family set-up they constitute. Generally, all differences of opinion should be resolved in an atmosphere of mutual trust and confidence. The husband and wife should try to win over one another through love and affection and convince each other through arguments and reasoning. A husband who tries to impose his opinion on his wife is a long way from the art of governing a house, and a wife who makes it a point to differ with her husband is a long way from the art of dealing with him. However, whenever there arises a situation of anarchy and disorder which threatens to disrupt the whole family set-up, the wife, according to the Qur’an must adopt an attitude of submission and adjustment.

Secondly, women should be very faithful to their husbands as far as keeping secrets is concerned. The shortcomings of a husband’s personality need to be concealed. Women who hide the flaws and mistakes of their husbands promote an atmosphere of mutual trust in the family and many a time are able to reform them. Men, of course, should reciprocate in this attitude. 

After mentioning the attitudes which promote a healthy family set-up, the Qur’an then goes on to vest a husband with the authority of gently chastising his wife. This admonishment, as mentioned earlier is a last resort to preserve the family structure since breaking up a family has many serious consequences for both parties, the children and the society. A house which has two masters is a house which is bound to doom. Whenever a wife begins to stand up against her husband, the only way out perhaps is to separate the two. This right of chastisement is a final step to avoid this separation. However, as pointed out before there are several details regarding this matter which must be understood.

Firstly, this right should only be resorted to, if the wife begins to adopt a rebellious attitude and starts to challenge the authority of her husband as the head of the family. The Qur’an terms this attitude as nushuz. It says that when a husband fears such an attitude from his wife which threatens to disrupt the whole family set-up should he adopt this procedure. It should be noted that the Qur’an has not used the word ‘disobedience’. Any difference of opinion or altercation is not to be resolved by this procedure. Disagreements and disputes must be settled mutually. It is only when the wife stands up against the authority of her husband should this procedure be employed. Anything less than this does not pertain to this procedure of admonishment.

Secondly, the Qur’an has laid down a complete procedure which must necessarily be followed in this regard. It says:

 

As for those from whom you fear rebellion, admonish them [first] and [next] refuse to share their beds and [last] beat them. Then if they obey you, take no further action against them. (4:34)

 

It is clear that a good time should elapse in each of the stages mentioned in the verse. The husband should first of all admonish his wife and convince her to give up her defiant behaviour. He should exercise all the patience he can muster to urge and beseech her to change her stance. If after repeated pleas and continuous admonition in a considerable span of time, the wife continues to persist in her rebellious attitude, he has the authority to go on to the second stage by avoiding marital contact with her. This detachment, it is clear, is a form of reproval, and a very strong appeal to the wife to correct herself. Again, this attitude should continue for a substantial period of time so that the point is driven home. It is highly unlikely that most wives would persist in their arrogance after these two initial stages. In all probability, patience, forbearance, and restraint would have conquered their hearts. However, even after this stage, if a wife refuses to accept the authority of her husband, the husband has the right to finally resort to gentle physical affliction.

Thirdly, if the husband is left with no alternative but to physically punish his wife, he must be very careful in this regard and must not wound or injure her. He should bear in mind that the Prophet (sws) in his last sermon has emphatically directed the husbands to refrain from striking severely (darban ghayra mubbarihin). He should remember that this physical chastisement is similar to the one a mother gives to a rebellious son or the one a teacher gives to an unruly student. He must be aware that in case he misuses this authority in any way, he would be held responsible before the Almighty on the Day of Judgement. In this world also, his wife has the right to report his behaviour to the authoritieswho can punish him for any misconduct in this regard.

 

 

The Question of Keeping a Beard (1)

 

Question: I have been wondering for a long time whether it is compulsory in Islam for men to keep beards?

Answer: Keeping a beard is a desirable act for men. The Prophets of Allah kept beards and expressed their liking for it since this is from among the norms of human nature. It is an expression of manliness and as such a sign which distinguishes men from women. However, the Prophet (sws) did not regard keeping beards as part of the Islamic Shari‘ah. Also, it is not compulsory for men to keep a beard and if a person shaves his beard he may be deprived of some reward, but he is unlikely to be punished on this. This view also conforms to the Shafite jurists1 and to many scholars ofHadith including Qadi ‘Ayad 2 who regard shaving the beard as makruh3  (undesirable).

 

 

The Question of Keeping a Beard (2)

 

Question: After reading your answer on this issue, I am deeply interested in knowing the arguments of your viewpoint. Please furnish them at your earliest convenience.

Answer:. Before I present detailed arguments for my view point on this issue, I shall first allude to three important principles of understanding the Shari‘ah.

I.The Almighty has blessed man with guidance in two ways. One of them can be termed as Innate Guidance and the other one asDivine Guidance.

As far as the sphere of Innate Guidance is concerned, it needs to be appreciated that man has been given certain faculties and abilities which are enough to guide him in deciding the right course of action. He does not basically need any external guidance in this regard. For example, his intuition leads him to the conclusion that there is a Creator of this Universe; his conscience very ably guides him about good and evil; his instincts pronounce that anal intercourse and homosexuality are some very blatant forms of sexual deviations; his taste tells him that beasts like lions and dogs and birds like eagles and vultures are not meant to be eaten; his common sense affirms that the difference in the external appearance between men and women should be maintained; his intellect says that taking drugs or intoxicants are bad habits. There may be slight differences in this sphere, but generally the dividing line is very clear.

The second sphere of guidance, Divine Guidance, generally pertains to areas where human beings are unable to decide the right course by themselves. So in order to complement and supplement the sphere of Innate Guidance, the Almighty has divinely guided man through His Prophets. The Qur’an and Sunnah (the established practice of the Prophet (sws)) are the primary sources of Divine Guidance.

II.In both these spheres of Innate Guidance and Divine Guidance, deeds and actions do not merely belong to the two categories of the prohibited and the allowed, but have various other categories as well. For example, a thing may be desirable which means that if a person adopts it, he will be rewarded and if he does not, he will not be held liable to it.

III.As far as Ahadith are concerned, they are not an independent source of Islam. They must have some basis in either or both of the two aforementioned categories: Innate Guidance or Divine Guidance. Consequently, if some Ahadith do not have such a basis they cannot be accepted.

Now, in the light of these principles, it is evident:

1. The issue of keeping a beard is not discussed anywhere in the category of Divine Guidance. In other words, the Qur’an and Sunnah are devoid of any such ruling.

2. As far as the category of Innate Guidance is concerned, some scholars place this directive in it and I would tend to agree with them. Of course, someone may differ.

3. Several Ahadith and some historical reports however, clearly mention that men should keep beards. Consequently, if this directive is to be classified as a religious one, these Ahadith must have a basis either in the first category (Innate Guidance) or in the second category (Divine Guidance).

If we collect and analyze these Ahadith and historical reports, it can be said with considerable surety that this material is basically of the following three categories as far as its content is concerned:

(i) ‘A%’ishah (rta) narrates from the Prophet (sws):

 

Ten things are from among [the attributes of] human nature: clipping of moustache, growing of beard, use of the miswak; snuffing up water in the nostrils; cutting of nails; washing of joints; removing of hair under the armpits; shaving of pubes; cleansing the private parts with water [after relieving one’s self]. The narrator said: ‘I have forgotten the tenth but it may have been: rinsing the mouth’. (Muslim: Kitabu’l-Taharah)

 

(ii) The celebrated historian Ibn Jarir T~abari, (d: 310 AH) while reporting the visit of two emissaries of the king Persia to the Prophet (sws) records:

 

… The two [emissaries] with shaven faces and dangling moustaches came to the Prophet. Disgusted to see their faces, he turned away from them. Then he faced them and said: ‘Woe be to you! Who told you to adopt such an appearance’. They replied: ‘Our Lord, the king of Persia bade us so’. The Prophet (sws) then remarked: ‘But my Lord has directed me to shorten the moustache and lengthen the beard [instead]’. (T~abari, Tarikhu’l-Umam wa Al-Maluk, vol. 3,(Beirut: Daru’l-Fikr, 1979], pp. 90-1.

 

(iii) This category has three sub-categories which are very similar to one another. Except that the first one mentions the idolaters, the second one the Majus (the Magians) and the third one, the People of the Book, the rest of the reported words are virtually the same:

 

a. Ibn ‘Umar narrates that the Prophet (sws) has reported to have said: ‘Do not follow these idolaters: Clip your moustaches and lengthen your beards’. (Bukhari,Kitabu’l-Libas)

 

            b. Abu Hurayrahreports from the Prophet: ‘Clip your moustaches and lengthen your beards and do not follow these Majus’. (Muslim, Kitabu’l-Taharah)

 

c. Abu ‘Umamah reports from the Prophet: ‘Clip your moustaches and lengthen your beards and do not follow these People of the Book’. (Musnad Ahmad Ibn Hambal, vol. 5 p. 264 )

 

If all these three category of narratives are accepted as they have been reported, a look at their contents reveals:

1. The very words of the Hadith reported by ‘A%’ishah (rta) in the first category and the expression of dislike of the Prophet (sws) and his words: ‘But my Lord has directed1 me to shorten the moustache and lengthen the beard [instead]’ reported by Tabari in the second category seem to relate the directive of growing a beard to the category of Innate Guidance. In other words, the Hadith and the historical report say that growing a beard is from among the attributes of human nature. As such, they reinforce the view of the scholars who regard the directive of keeping a beard from this category.

2. The narratives of the third category clearly mention that men must grow beards and clip their moustaches. However, an analysis of the context of these Ahadith reveals two important things.

Firstly, in all these narratives the directive of growing a beard occurs in tandem with the directive of clipping the moustache. This paired mention adds a certain stress to the whole directive. It has not been said: ‘Grow a beard’, in which case the directive would mean that as against the followers of these religious denominations, (who do not have beards) Muslims must grow beards; on the contrary, the addition of the second clause ‘clip the moustache’ adds the stress that if something is to be clipped it is the moustache and not the beard and if something is to be lengthened it is the beard and not the moustache.

Secondly, none of these narratives explicitly and unconditionally give these directives. Rather each of them begins with a negative note: ‘Do not follow …’ The addition of this note changes an explicit directive to a conditional one. The note shows that there is something wrong in some sections of the society in which it is being uttered and that the addressees of this note should desist from following them. Sense and reason entail three possibilities for stopping Muslims from following the people of other religions:

(1) Muslims are merely asked to make themselves distinct from the followers of other major religions present at that time. If the basis of this distinction is to fix a certain appearance for the Muslims, then this must have some basis in the two categories of Innate Guidance or Divine Guidance. It seems that there is no such basis, and if someone says that there is some basis then the onus of presenting it lies on him.

(2) The followers of other religions present at that time had adopted something as a religious innovation (bid‘at), and the directive of mentioned in these narratives actually reforms and corrects it. As an example of such innovations and subsequent corrective measures, consider the following Hadith. (The third subcategory quoted above [iii(c)] is actually a part of it as well.)

 

Abu ‘Umamahreports: The Prophet (sws) once came to some old men of the tribe of Ansar. These men had extremely white beards. Seeing them, the Prophet remarked: ‘O People of Ansar dye your beards in red or golden colours and do not follow these People of the Book’. They declared: ‘O Prophet these People of the Book do not wear shalwars and loin cloths’. At this, the Prophet said: ‘Wear shalwars and loin cloths and do not follow these People of the Book’. They declared: ‘O Prophet these People of the Book neither wear shoes nor socks [while praying]2 ’. At this, the Prophet said: ‘Wear shoes and socks and do not follow these People of the Book’. They said: ‘O Prophet these People of the Book lengthen their moustaches and shave their beards’. At this, the Prophet said: ‘Clip your moustaches and lengthen your beards and do not follow these People of the Book’. (Musnad Ahmad Ibn Hambal, vol. 5 p. 264 )

 

It is evident from the words of this Hadith that some Muslims of the Ansar were following the People of the Book in some of their practices thinking that they were obligatory. Besides other things, they thought that it was necessary to lengthen the moustache and shave off the beard. The Prophet (sws) told them that this was no religious directive. On the contrary, this was a religious innovation; so if they wanted, they could lengthen their beards and clip their moustache instead. Similarly, refraining from dyeing one’s hair was no religious requirement. If they wanted they could dye their hair as well. In other words, this Hadith is not asking men to grow beards; it is merely saying that keeping beards and clipping moustaches is not a condemned religious practice as certain people are contending. It is perfectly allowed in Islam. So, just as dyeing hair, wearing socks and shoes while praying have not become necessary directives as per this Hadith, keeping a beard as an obligatory directive cannot be deduced from it as well.

(iii) The third possibility is that this directive has a moral basis. There was something morally wrong in the practice of the followers of other religions. Obviously, keeping big moustaches and shaven beards makes one look arrogant and haughty which is clearly forbidden by both categories of guidance. So these Ahadith are describing to the Muslims the proper way of growing a beard and a moustache. Instead of having large moustaches and shaven beards, the appearance should be the other way round. In other words, the Ahadith are not directing Muslims to grow beards and moustaches; what they are saying is that if they want to grow both, then the proper way is to lengthen the beard instead of the moustache and clip the moustache instead of the beard.

Consequently, the outcome of all these three possibilities is that none of the Ahadith of the third category is asking Muslims to keep beards. This leaves us with the first and second category of Ahadith and as pointed out before these narratives classify the keeping of beard and as such place it the category of Innate Guidance present in a person. While being in this category, there can be two opinions about the nature of this directive. Someone can say that keeping a beard is obligatory in nature like some other directives of this category for example telling the truth or being honest. However, in my opinion, it does not belong to the class of obligatory directives. Rather it is a desirable thing, which will not hold a person liable if he does not follow it.