By by Sumaiya Said
There have been numerous discussions about Islamic law and how it allegedly undermines or neglects the ‘girl child’ or women. In society, I wouldn’t say that women have no importance or are being treated unfairly. But if you were to delve deeply into Islamic teachings and ways, you would find that women are the most beloved and benefit from many rules that favor them.
Women have been given a lot of freedom in Islam; for instance, they have the right to inherit. Even though people say that their given share is small, you cannot simply give the man and woman the same share because a man has to take care of, or is responsible for, the people in his life, i.e., parents, children, wife, and other members. He has to take care of his parents, wife, sisters, brothers, and children, so he needs a bigger share than the woman. Unless it’s solely about the woman’s earnings, there is a need for a share of the inheritance.
A woman’s other right is to own her own businesses, wealth, and jewelry without sharing it with her husband. She is to be looked after by her husband without having to spend her earnings or wealth on the household. She has the right to work, to refuse to marry someone she is not interested in, and other privileges. But with all that, she has to abide by the Quranic teachings. She is not to commit zina (adultery), she is to fast, observe her daily prayers, give zakat, protect herself from haram (forbidden) teachings, and do the rightful deeds. If all these are met, then her belonging is hers.
If you know that all these are what is needed by you, then what’s the need to go about committing what’s forbidden?
Just like how our fellow Christian brothers and sisters abstain from certain things so as not to go against their Creator, why can’t we?
In Islam, a child born out of wedlock, his/her responsibilities are with the mother, not the father. We are all deeply rooted in the Quran. Yes, man is prone to error, but we can all agree that having more than one child and then abandoning them is not merely an error or a mistake; it’s something you deliberately caused to happen. We should not say that the father has to take responsibility, as you well know what happens with such decisions.
In Islam, the mother and her nasab (that’s the mother’s lineage) then have to take care of the child throughout her entire life. The child is innocent, as the Swahili proverb goes, “Mtoto hajizai haramu” (A child doesn’t give birth to itself through illicit means). So, my whole point is that the mother should have known better. Why let a man deceive you? If a man cannot make you his rightfully, then that’s not a real man. Let him face the consequences on his own, but don’t feel pity for his words or actions. All they do is know how to deceive. I know people might question this, but it’s better to remain in a marriage than to commit zina (adultery), especially if he is a good man who has been providing for you. So, are you ready to go against Islam? Are you going back against Allah, but not against Abdullah or Ahmed or the likes?
The Supreme Court might have made a new law on this, but that should be ruled out. It will have a really bad impact on the Muslim people, or perhaps all people. This is because it is stated that an illegitimate child has no right to inherit but can be gifted by the father. And I don’t find that to be a bad idea. I think it’s high time the Supreme Court or Kenya as a country should recognize that this is neither a Christian country nor a Muslim country.
It’s a Country with different people from different beliefs, so it should stop imposing laws from one religion on another. Let each person follow the teachings of their own faiths and not interfere with anything that might seem inhumane. But I don’t see anything like that. New approaches should be adopted, and for that to happen, both religions should come together, discuss matters, and see how they can help one another instead of forcing laws on one another. So, up to date, I have never seen any Islamic laws enforced on the Christian community.
For better understanding and knowledge we can all read Surah An – Nisa 4:11 on matters of inheritance.
