Introduction
The term “Grandmother” (جدة, Jaddah) in Islamic context holds significant legal and social implications. Known as “jaddah” in Arabic, a grandmother’s role is crucial, particularly concerning guardianship (ḥiẓānah) and inheritance laws within Islamic jurisprudence.
Etymology
Jaddah (جدة) is an Arabic term meaning “grandmother”. The word is derived from the root “ج د د” (j-d-d), which signifies “to be new” or “to renew”. In Turkish, the term for grandmother is “büyük anne” or simply “anneanne” for maternal grandmothers and “babaanne” for paternal grandmothers.
Guardianship (Ḥiẓānah)
In Islamic law, guardianship (ḥiẓānah) of an infant is a matter of particular importance. Should the infant’s mother pass away, guardianship is typically granted to the maternal grandmother in preference over the paternal grandmother. This is based on the principle that maternal relations are given precedence in early nurturing roles.
Hierarchy of Guardianship
- Maternal Grandmother: If she is alive, she holds the primary right of guardianship.
- Paternal Grandmother: In the absence of the maternal grandmother, this role reverts to the paternal grandmother before any other relative.
Inheritance Rights
The Islamic inheritance law is well-detailed in the Qur’an and supplemented by the Hadith and further jurisprudence texts such as “Al-Hidāyah”.
Share of Inheritance
- Paternal Grandmother’s Share: The paternal grandmother is entitled to a sixth (1/6) of the inheritance from the deceased child of her son if the child’s mother is dead. This share is allocated as the mother’s rightful inheritance share.
Reference:
- Al-Hidāyah, Vol. 1, Page 386: Offers detailed information regarding the division of inheritance and the roles of guardianship for grandmothers.
Cultural Context
Grandmothers in Islamic cultures often play integral social and emotional roles. Beyond legal responsibilities, they contribute to the moral and spiritual upbringing of their grandchildren, maintaining family traditions and religious practices.
Suggested Books for Further Studies
- “The Reliance of the Traveller” (Umdat al-Salik) by Ahmad ibn Naqib al-Misri: Provides comprehensive insights into Islamic law, including family and inheritance laws.
- “Women and Gender in Islam” by Leila Ahmed: Offers a broader contextual understanding of women’s roles in Islamic history and law.
- “Islamic Inheritance Law” by Charles Adams: Discuss this specific area of Islamic legal tradition and its applications.
Takeaways
- The term “grandmother” (جدة, jaddah) holds significant importance in Islamic law.
- Maternal grandmothers have precedence over paternal grandmothers in guardianship matters.
- Inheritance laws grant the paternal grandmother a sixth of a child’s assets in the stipulated scenario.
- Grandmothers play vital roles in the social and ethical development of further generations within Islamic tradition.
Conclusion
Understanding the term “grandmother” (جدة, jaddah) in the Islamic context goes beyond its basic family role. It encompasses crucial Islamic legal principles on guardianship and inheritance, demonstrating the structured and compassionate approach of Islamic jurisprudence towards family welfare and individual rights.