Inheritance On The Basis Of Benefit
The detailed videos and discussion threads you posted have been tremendously useful to help me clarify almost all of my confusions. And my question on “manfat ” has also been answered and lies in the video in your second post( from (3:25 mins – 8 mins). It’s exactly how I understood it. The more I watch Mr Ghamdi the more clearity I get about the fact that it’s not Islam, it’s the explanation and application of Islam that is very flawed . For instance his talks on inheritance have finally helped me understand that even inheritance laws have special flexibility in the form of a will. I always thought writing a will was an exception in Islam rather than the recommended practice by Allah. All of my questions are answered in the “will writing ” part of the Laws of Inheritance. This flexibility is what I have been looking for in Islam because it’s this flexibility that caters for various situations in different families. It’s this flexibility that addresses and fits into the dynamic and changing nature of cultures and societies. For instance although Allah has assigned the responsibility of provisions to the husband, in current times a wife might contribute towards the family financialy not because it’s her God given responsibility but because she is in a position to do so and is a willing participant to take some burden off her husband ( in some cases she brings in even more financial support than her husband) . So in return for her favour (ehsaan) the husband in his will may allocate additional amount of inheritance for her. Same could be said about the case of a daughter supporting and looking after her parents. Mr Hussain, in my post on “Devine Edicts” has helped clarify further the flexibility in the Islamic familial laws by quoting the khula example. Because of the strict and regressive interpretation of most Islamic scholars people like me are left to believe that it’s Islam’s familial laws that are regressive and static while the truth is that they are quite dynamic and flexible in nature. After watching Mr Ghamdi’s video I realised that within the framework and parameters of the Islamic laws there is enough flexibility to address most situations and eras. I have one question left though and will appreciate if you find time to answer that too. When explaning the reasons for half share of daughters as compared to sons, Mr Ghamdi in his video said that it’s because part of her benefit ( the remaining half I presume) is transferred to the household of her husband and he sited the example of his wife taking care of his mom instead of hers. The question the situation begs is that if daughter’s benefit is transferred to that of her husband’s household (which , btw is way more than a mere companionship: she gives birth to her husband’s children, raises his children, looks after his house and manages multiple other affairs and in many instances looks after his parents too) then why is her share so insignificant in her husband’s inheritance and non existent in his parents inheritance. Can this question be answered or is it one of those questions that are beyond a human mind’s comprehension?
“Well, it doesn’t seem to be religious issue, but the issue with some husbands who need to follow Islam and also learn some manners. Both should appreciate each other’s contribution.” Totally agree with what you said “You proposed a solution that all person over the age of 60 should be required to have a will. Great idea. Perhaps it would be even better that all working people or people with assets over the age of 18 need to create a will and update it yearly along with their tax filing.” This sounds like an even better proposal