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Excellence and uniqueness
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toty5
Posted 2020-06-02 10:18 AM (#255847)
Subject: Excellence and uniqueness


Extreme Veteran

Posts: 307
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Islamic
Shari`ah is unique as to caring to sons at the lifetime of their parents and after their death, this is demonstrated in custody, nursing, and expending on sons. Also, it obliged inheritance for them in their parents' estate which reveals how Islam pays attention for sons and their custody to provide a safe welfare life.

Taking inheritance in the Islamic Shari`ah into account, we would find that it is in line with the natural disposition, filiation is the expectation of paternity, and the instinct of possession urges man to work, earn livelihood, excel, and frequently withhold himself from enjoying his wealth to leave it for his sons to enjoy his effort after his death.

Father does all this while pleased and satisfied because the teachings of Islam enjoined on him to provide wealth for his sons to live in dignity and esteem among people.

Islam prescribes the major part in the parents' wealth for sons, it does not distinguish between males and females that it does not keep all estate for males and deprive females from it as practiced in so many legislations worldwide in recent and old times, rather Islam is fair in this regard and denies all kinds of inheritance injustice known in humanity.

Right of fetus

Jurists unanimously agreed that fetus has the right in estate if two stipulations are met:

1- Actual existence of fetus in his mother's womb at the time of devisor's death. This is can easily be recognized by determining the time of delivery since the devisor's death that is if the mother delivered the baby a month to six months after the death, the minimum period of delivery, then jurists ruled that the baby is worthy of inheritance.

2- The fetus is delivered alive, even if he made one cry, and then died, he/she would be worthy of inheritance. This is the opinion of the majority of scholars. If he/she is born dead, then inheritance is not due, even if the cause of death is a serious offense against the mother.

So long as the fetus is inside the womb, the estate shall not be finally distributed as the fetus gender or number can't yet be identified that is some of the heirs' shares vary according to the gender of the fetus. Accordingly, jurists are unanimously agreed on non-distribution to the estate until time of delivery on condition that the heirs approve it explicitly or implicitly, namely they do not claim it. This is applied to the case when the fetus has no participant heir or even if there such heir but he/she is disinherited. The point of disagreement


among jurists on this topic arises when one of the heirs asks for the distribution of the estate, thus some jurists approve distribution of the estate, others disapproved it, a third view approved distribution to some portion of the estate. The preponderant view is that of the majority of jurists which distributes the prescribed shares whose holders are not affected by any change, because delaying them until delivery would inflict harm upon them without necessity.


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toty5
Posted 2020-06-09 1:11 AM (#255852 - in reply to #255847)
Subject: Re: Excellence and uniqueness


Extreme Veteran

Posts: 307
100100100
Some may believe that Islam wronged daughters concerning inheritance as it prescribed her a share half to her sibling, and they defame the equity of the Islamic legislations based on this false claim, and then they ask for equity between male and female in inheritance which is unfair equity as unanimously agreed upon by Muslim scholars. The wisdom behind this

distribution is clear and fair because Islam made the expenditure mandatory upon males and disburdened females from this.
Female in most cases is at the male expense in Islam, be a mother, wife, daughter, or sister, which is unlike to man who is always charged by expending on family as practiced throughout the different arenas without exception

. Man pays dowry in unlimited amount, he is charged with furnishing home and costs of livelihood. In case of divorce, he pays the period of waiting expenditure and other kinds of expenses. In this regard, sheikh Muhammad 'Abdu in his Tafsir "Al-Manar" stated the following: the wisdom behind making the share of man double to that of woman is that man is charged by expenditure on himself and his wife, so he shall receive two shares, while woman only expends on herself and when she get married her expenditure becomes mandatory on her husband.

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https://www.youtube.com/watch?v=MHbAaL9XRTg
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toty5
Posted 2020-06-15 6:25 PM (#255857 - in reply to #255847)
Subject: Re: Excellence and uniqueness


Extreme Veteran

Posts: 307
100100100
1/2 ?????? ??? ???????! ????? ?? ???? ?? ???? ????? ?????

https://www.youtube.com/watch?v=bvq51UNgFkA
2/2 ?????? ??? ???????! ????? ?? ???? ?? ???? ????? ?????

https://www.youtube.com/watch?v=y7K7XshNqnI&t=10s
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toty5
Posted 2020-06-23 12:56 AM (#255863 - in reply to #255847)
Subject: Re: Excellence and uniqueness


Extreme Veteran

Posts: 307
100100100
Taking into consideration that both Quran and Sunnah have paid much attention to setting the right of woman which has always been wronged and protected her against injustice, it would be clear that such claim is completely untrue and bias to the advantages of the Islamic Shari'ah. Some women may argue that they earn their livelihood or the husband is sick to the extent that he is unable totally or partially to provide the livelihood of the family and thus they seek equality in inheritance is void and null, because such cases are not the major rule but they are exception in societies.
Islam takes into account the nature of both man and woman that it views woman as the shepherd on her house affairs and she shall be responsible for that on the Day of Judgment.

We should be aware that Islam does not view woman as an individual, rather it views her and man as one family composed of two persons who are the basic of the whole society, she inherits one share of her devisor and her husband receives two shares of his devisor, and thus the final outcome is three shares for this family; and her brother receives two shares of her father and his wife receives one share of her devisor so that the final outcome is three shares for this other family, there is equality in inheritance.


This is a normal view as the new families are extension of the expired ones; integration is existent between man and woman in the one family whose integration leads to integration to the whole society. Thus there is ground to separate between man and woman, rather they are one entity essential to the welfare of life on earth.
Based on the aforementioned, it becomes clear that Islam does not view woman from the gender perspective concerning inheritance; rather it views her from the social status perspective and the economic burdens she bears as well.


What Is Wisdom? - Sheikh Ahmed Deedat - YouTube
https://www.youtube.com/watch?v=ocPoSunGpKw
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toty5
Posted 2020-06-29 1:32 AM (#255866 - in reply to #255847)
Subject: Re: Excellence and uniqueness


Extreme Veteran

Posts: 307
100100100
Why are two women witnesses equivalent to only one man?



This question is asked my by many people even by Muslims who don’t have sufficient knowledge about their religion as they consider it as injustice and inequality in Islam concerning woman.

It is not true that two female witnesses are always considered as equal to only one male witness. It is true only certain cases like financial transaction. However, Islam accepts a woman’s testimony as equal to that of a man. In fact, the woman’s testimony can even invalidate the man’s.

The woman’s testimony can even invalidate the man’s. If a man accuses his wife of unchastity, he is required by Quran to swear five times as evidence of the wife is guilt. If the wife denies and swears similarly five times, she is not considered guilty and in either case the marriage is dissolved. God, Almighty, said: “And for those who launch a charge against their spouses, and have (in support) no evidence but their own, their solitary evidence (can be received) if they bear witness four times (with an oath) by God that they are solemnly telling the truth; and the fifth (oath) (should be) that they solemnly invoke the curse of God on themselves if they tell a lie. But it would avert the punishment from the wife, if she bears witness four times (with an oath) By God, that (her husband) is telling a lie; and the fifth (oath) should be that she solemnly invokes the wrath of God on herself if (her accuser) is telling the truth.”(chapter 24: verse 6- 9)

In other cases, women’s testimony is more valid than men. In case of breastfeeding, she is the only one and the more valid to claim that this person is your brother or sister foster. The woman maid is the only who may claim that this boy is the son of certain lady or not. Another example from Prophet Mohammed’s era is the solitary witness of Lady Aisha, prophet’s wife, is a reliable source for many men and women to take Hadiths, the saying of the prophet, as an authentic one. Lady Aisha (may Allah be pleased with her) has narrated no less than 2220 Hadiths (the saying of the prophet) which are considered authentic only on her solitary evidence. This is sufficient proof that one witness of a woman can also be accepted.
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Why are 2 witnesses who are women, equivalent to only 1 ...
https://www.youtube.com/watch?v=CMfWZbOJBrs
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