Daughters in Islam: Inheritance, Marriage, and Cultural Practices
Etymology and Translations
- Arabic: بنت (Bint), جمع بنات (Banāt)
- Hebrew: בת (Bath)
Inheritance Rights of Daughters in Islamic Law
In Islam, the inheritance rights of daughters are explicitly outlined in the Qur’an. Specifically, Surah An-Nisa (4:11) details how daughters should inherit:
<p>“With regard to your children, God has commanded you to give the sons the portion of two daughters, and if there be daughters, more than two, then they shall have two-thirds of that which their father hath left, but if she be an only daughter she shall have the half.”</p>
Explanation by Sirājīyah
The “Sirājīyah,” a classical text on Islamic inheritance law, provides more detailed guidelines:
- Single Daughter: Receives half of the inheritance.
- Two or More Daughters: Share two-thirds of the inheritance.
- Son and Daughter: Sons receive the portion of two daughters. The daughters become residuaries, meaning their portion fluctuates based on the overall estate and the number of sons.
The text further breaks down how granddaughters (daughters of the son) inherit in the absence of immediate daughters, encompassing various scenarios where daughters and granddaughters co-exist.
Age of Puberty and Marriage
- Majority Age: Determined either by signs of womanhood or set at 18 years according to Abū Ḥanīfah. However, Imam ash-Shafi’i and the two Imams, Muhammad and Yusuf, consider 15 years as the age of majority.
- Marriage Consent: A virgin’s consent is indicated by silence, while a widow can marry whom she likes after attaining puberty.
Differences among classical scholars like Abū Ḥanīfah and ash-Shafi’i highlight varied interpretations regarding a daughter’s freedom in marriage contracts.
Cultural Practices and Modern Challenges
- Education: Traditional views found in texts like Akhlāq-i-Jalālī discourage teaching girls to read and write extensively, although recitation of the Qur’an and liturgical prayers remain encouraged.
- Early Marriage: Cultural norms emphasized marrying daughters at an early age to avoid parental responsibility for any perceived moral failings.
Qur’anic Emphasis on Equality
The Qur’an rebukes the ancient Arab practice of female infanticide and the derogatory perception of daughters:
<p>“And they ascribe daughters unto God! Glory be to Him! But they desire them not for themselves. For when the birth of a daughter is announced to any one of them, dark shadows settle on his face, and he is sad; he hideth him from the people because of the ill tidings. Shall he keep it with disgrace or bury it in the dust? Are not their judgments wrong?” (Surah An-Nahl, 16:58-59)</p>
Additional Insights
- Jewish Parallels: The text by Mr. Rodwell highlights similarities in historical perspectives toward women in both Islamic and Jewish traditions.
Suggested Books for Further Study
- “Inheritance in Islam” by Sheikh Ahmad Al-Maghribi
- “Women’s Rights in Islam: From the Qur’an to the Statute Book” by Haifaa A. Jawad
- “The Status of Women under Islamic Law and Modern Islamic Legislation” by Dr. J. N. D. Anderson
Takeaways
- Islamic law grants tailored inheritance shares and marriage rights to daughters.
- Cultural practices have varied, sometimes diverging from the egalitarian principles enshrined in the Qur’an.
- Ongoing scholarship continues to address the balance between traditional practices and modern values.
Conclusion
Understanding the nuanced role of daughters in Islam through both legal texts and cultural practices reveals a complex interplay of religious commandments, traditional norms, and evolving interpretations. The Qur’an’s progressive stance on inheritance and the value of daughters challenges some deep-seated cultural prejudices, promoting a more equitable treatment of women in society.
By analyzing Islamic texts and jurisprudence, this entry provides a holistic look at the myriad aspects affecting daughters in Islamic contexts, spanning law, culture, and theology.
