succession and will under islamic law
Abstract
The place of women before the coming of Sharia in all the societies in the world was sympathetic, as they were seen and treated as chattels, and their personal consent in matters affecting their well-being was considered immaterial, they were not recognized as equal or even closer with the men status and were a such not entitled to a legal inheritance. No where in the world where women were allowed to own properties of their own and no society in the world recognized women’s rights to share in the property of their family
When one considered the social structure of Arabian peninsular before the advent of Islam, the situation was worst, this is because of the fact that the birth of a girl child into a family was seen as an ill luck, to which the holy Quran provided “And when the female infant buried alive will be questioned for which crime she was killed”1
With the coming of Islam, the place and the role of the women in the society was clearly stated, and all rights belonging to them was given to them and they were by the Qur’anic injections kept in the hands of the men in trust. The Holy Qur’an provides “And Allah has made for you your mates (women) of your own nature and made for you out of them sons, daughters and grand children and provided for you sustenance of the best”2
It also goes on to provide that “men are the protectors and maintainers of women, because Allah has given the one (i.e. men) more (straight) than then other (i.e. women) and because they support them (i.e. the women) for their means”3