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Response to Claims About Islamic Inheritance and Polygamy Laws
Page 113
According to the report of Al­Sabah newspaper, dated 20/3/1974 A.D, the fourth and fifth unacceptable points in this regard are: objection to giving a woman half of a man's share in inheritance and polygamy. They claim that giving a woman half of a man's share is a mistake and should be amended and that in modern life a woman should receive an equal share, on the grounds that she is now working in the same fields of men, such as education, industry, agriculture, and police. Therefore, it is not logical to give preference to men over women. They claim that this ruling can be applied only when a man has authority over women and when a woman's social status did not allow her to be equal to man and when she used to be buried alive. Today, women take part in the workforce with men. They claim that we should practice Ijtihad (juristic effort to infer expert legal rulings) with regard to this issue and should develop the judiciary rulings according to the needs of the society. They also claim that some authorities restricted polygamy through practicing Ijtihad in the tacit meaning of the relevant Ayah. They believe that rulers should develop legislation to conform with their peoples' development and their concept of justice and life. This article was published by Al­Sabah newspaper but Al­Shihab newspaper did not point to it. It includes various forms of Kufr (disbelief) and misguidance, such as doubting Allah's rulings and urging rulers to alter the Shari`ah rulings according to their desires, judgment, people, and living standards. Undoubtedly, this is falsehood and an imitation of the Jews and the Christians, who changed the laws that were revealed to their prophets and, instead, invented new laws and ascribed them to Allah (Glorified be He). According to the implicit meaning of the writer's article, Allah (Glorified be He) did not know about the future development of societies.
This is why the writer is asking rulers to develop such rulings. According to the conclusive evidence of the Qur'an, Sunnah, and Ijma` (consensus of scholars), Allah (Glorified be He) knows what was, is, and will be. He knows the past, the present, and the future of His servants. Allah (Glorified and Exalted be He) says, It is Allâh Who has created seven heavens and of the earth the like thereof (i.e. seven). His Command descends between them (heavens and earth), that you may know that Allâh has power over all things, and that Allâh surrounds all things in (His) Knowledge. and, He is Allâh, beside Whom Lâ ilâha illâ Huwa (none has the right to be worshipped but He) the All­Knower of the unseen and the seen. He is the Most Gracious, the Most Merciful. Allah (Glorified be He) is All­Wise, All­Knower, the Most Merciful and the Most Gracious. He does not do injustice or oppress anyone. He is All­Wise and All­Knower of the affairs of His servants and the Most Kind to them. Allah has legislated the rulings that maintain goodness and mercy to people and establish justice among them, including the rulings of inheritance and the like. He (Glorified be He) is the Most Just of the judges and the Most Merciful of those who show mercy. He is the All­Knower of the affairs of His servants and what adjusts them in the end of time. He (Glorified be He) is the One Who sent down legislation that is beneficial to His servants. Whoever claims otherwise is in fact doubting Allah's Wisdom and Knowledge. If Allah wants the rulers or the scholars to amend His rulings, He would have clarified this to His servants in the Qur'an or through His Messenger (peace be upon him). Nothing as such has happened. Therefore, His rulings should be applied till the Day of Resurrection. In His Book, Allah has clarified that it is obligatory to follow, abide by, and rule people in accordance with the rulings that He has sent down. Allah warns people against breaching these rulings. Allah
says, [Say (O Muhammad ﺻﻠﻰ ﺍﷲ ﻋﻠﻴﻪ ﻭﺳﻠﻢ) to these idolaters (pagan Arabs) of your folk:] Follow what has been sent down unto you from your Lord (the Qur'ân and Prophet Muhammad's Sunnah), and follow not any Auliyâ' (protectors and helpers who order you to associate partners in worship with Allâh), besides Him (Allâh). Little do you remember! and, So hold you (O Muhammad ﺻﻠﻰ ﺍﷲ ﻋﻠﻴـﻪ ﻭ ﺳـﻠﻢ) fast to that which is revealed to you. Verily you are on the Straight Path. and, Then We have put you (O Muhammad ﺻـﻠﻰ ﺍﷲ ﻋﻠﻴـﻪ ﻭ ﺳـﻠﻢ) on a (plain) way of (Our) commandment [like the one which We commanded Our Messengers before you (i.e. legal ways and laws of the Islâmic Monotheism)]. So follow you that (Islâmic Monotheism and its laws), and follow not the desires of those who know not. (Tafsir At­Tabarî). Verily, they can avail you nothing against Allâh (if He wants to punish you). Verily, the Zâlimûn (polytheists, wrong­doers) are Auliyâ' (protectors, helpers) of one another, but Allâh is the Walî (Helper, Protector) of the Muttaqûn (the pious. See V.2:2).
Allah (Exalted be He) addresses His Prophet (peace be upon him), saying, And We have sent down to you (O Muhammad ﺻﻠﻰ ﺍﷲ ﻋﻠﻴﻪ ﻭﺳﻠﻢ) the Book (this Qur'ân) in truth, confirming the Scripture that came before it and Muhaymin (trustworthy in highness and a witness) over it (old Scriptures). So judge among them by what Allâh has revealed, and follow not their vain desires, diverging away from the truth that has come to you. To each among you, We have prescribed a law and a clear way. If Allâh had willed, He would have made you one nation, but that (He) may test you in what He has given you; so compete in good deeds. The return of you (all) is to Allâh; then He will inform you about that in which you used to differ. And so judge (you O Muhammad ﺻﻠﻰ ﺍﷲ ﻋﻠﻴﻪ ﻭﺳﻠﻢ) among them by what Allâh has revealed and follow not their vain desires, but beware of them lest they turn you (O Muhammad ﺻﻠﻰ ﺍﷲ ﻋﻠﻴﻪ ﻭﺳﻠﻢ) far away from some of that which Allâh has sent down to you. And if they turn away, then know that Allâh's Will is to punish them for some sins of theirs. And truly, most of men are Fâsiqûn (rebellious and disobedient to Allâh). Do they then seek the judgement of (the days of) Ignorance? And who is better in judgement than Allâh for a people who have firm Faith.
In these Ayahs (Qur'anic Verses) Allah has made it obligatory to rule according to the Law He sent down and warned against breaking it. He (Glorified be He) warns against following people's whims that contradict the Truth. He states that His ruling is the best and that any ruling that contradicts His enactment belongs to the time of Ignorance. In another Ayah, Allah states that any ruling that contradicts His, is one of Taghut (false gods). Allah says, Have you not seen those (hypocrites) who claim that they believe in that which has been sent down to you, and that which was sent down before you, and they wish to go for judgement (in their disputes) to the Tâghût (false judges) while they have been ordered to reject them. But Shaitân (Satan) wishes to lead them far astray. And when it is said to them: "Come to what Allâh has sent down and to the Messenger (Muhammad ﺻﻠﻰ ﺍﷲ ﻋﻠﻴـﻪ ﻭﺳـﻠﻢ)," you (Muhammad ﺻـﻠﻰ ﺍﷲ ﻋﻠﻴـﻪ ﻭﺳـﻠﻢ) see the hypocrites turn away from you (Muhammad ﺻـﻠﻰ ﺍﷲ ﻋﻠﻴـﻪ ﻭﺳـﻠﻢ) with aversion.
This is a declaration to whoever believes in Allah and the Last Day that all the rulings that contradict those revealed to Allah's Messenger (peace be upon him) are falsehood, hypocrisy, and misguidance. Allah states that whoever does not rule according to what He has revealed to His Prophet (peace be upon him) is Kafir (disbeliever), unjust, and Fasiq (someone flagrantly violating Islamic law). In another Ayah, Allah points out that a Muslim should not have any option in their decision, when Allah and His Messenger (peace be upon him) have decrees a matter. It is not for a believer, man or woman, when Allâh and His Messenger have decreed a matter that they should have any option in their decision. And whoever disobeys Allâh and His Messenger, he has indeed strayed into a plain error. After this clear manifestation and severe warning, it is not for any ruler or scholar to violate the rulings that Allah has sent down regarding the rules of inheritance or others. Similarly, it is not for anyone to call the rulers to change the Divine rulings to conform with the societies' development. This is Kufr (disbelief), misguidance, and doubting the rulings of Allah. It is also a deviation from Shari`ah. Indeed, this is an abominable statement and falsehood. Whoever considers it permissible, approves of and advocates it, is a non­Muslim. Muslim scholars unanimously agreed that Ijtihad should be practiced with regard to subsidiary matters that have no textual evidence. On the other hand, `Aqidah (creed) and the rulings that have textual evidence from the Qur'an and the authentic Sunnah are not a debatable matter. It is Wajib (obligatory) upon all to act in conformity with the textual evidence and abandon anything that contradicts it. According to the scholars of the Four Madh­habs (Hanafy, Maliky, Shafi`y, and Hanbaly), it is Wajib to abide by the textual evidence. However,
it is permissible for scholars who are knowledgeable of the Book of Allah, the Sunnah of His Messenger (peace be upon him), and deeply aware of the legal evidence, Usul­u l­Fiqh (principles of Islamic jurisprudence), Hadith and Arabic to practice Ijtihad in this regard. Rulers are not permitted to practice Ijtihad as most of them are not scholars. Not all the rulers, kings or presidents, are called Amir Al­Mu'minin (Commander of the Believers). According to the scholars, Amir Al­Mu'minin only refers to those who rule over people according to what Allah has sent down, orders people to abide by, and prevents them from breaching His rulings. Whoever calls for such falsehood should repent to Allah and return to the path of guidance and be aware that returning to the Truth is not a mere good quality but it is also obligatory. On the other hand, persistence in doing wrong is humiliation, denial of the Truth, and following in the footsteps of Satan. Allah (Glorified be He) accepts the repentance and pardons mistakes of those who ask for His forgiveness, if they are sincere in repentance to Him. Allah (Glorified be He) says, Say to those who have disbelieved, if they cease (from disbelief), their past will be forgiven. He says concerning the Christians, Will they not turn with repentance to Allâh and ask His Forgiveness? For Allâh is Oft­Forgiving, Most Merciful. It is authentically reported that the Prophet (peace be upon him) said, "Islam razes what was before it and repentance razes what was before it." Allah is the One Whose help is to be sought. May Allah grant us success! He is the Guide to the straight path!