Islamiat (CSS) Past Papers: Q1) Write A Comprehensive Note On The Right of Inheritance Granted To Women by Islam
Islamiat (CSS) Past Papers: Q1) Write A Comprehensive Note On The Right of Inheritance Granted To Women by Islam
Islamiat (CSS) Past Papers: Q1) Write A Comprehensive Note On The Right of Inheritance Granted To Women by Islam
Ans) Over fourteen hundred years ago, Islam gave women rights that women in the West have only
recently begun to enjoy. In the 1930’s, Annie Besant observed, “It is only in the last twenty years that
Christian England has recognized the right of woman to property, while Islam has allowed this right
from all times. It is a slander to say that Islam preaches that women have no souls.” (The Life and
Teachings of Mohammed, 1932). Men and women all descended from a single person – the Prophet
Adam (peace be upon him). Islam does not accept for either of them anything but justice and kind
treatment.
Those who misunderstand Islam claim that Islam does injustice to women in terms of
inheritance. They opine that it is unfair to grant the male a double to that of the female even
though they are children of the same parents. Allah, the Exalted, offered a full and detailed
method of women's inheritance in the Qur'an and Sunnah, and if an unbiased student of
knowledge reflects on the details, he or she will discover the fault of this opinion.
To begin with, Allah has determined all the shares of all the relatives in respect to their
relationship to the deceased. As He the Most Wise said:
(There is a share for men and a share for women from what is left by parents and
those nearest related, whether the property is small or large, an obligatory share.)
[4:7]
Allah has stated three types of shares for a woman's inheritance as follows:
1. A woman will have an equal share as that of the man.
2. A woman will have an equal share to that of the man, or a little less.
3. A woman will have half the share of a man.
This means that the minimum of her shares is half, and considering that a female has no
continual financial responsibilities as a child, sister, wife or mother, and these
responsibilities are always on the men of the family, this is very generous indeed.
Those who are interested in the details about this subject should review the discussions in
books about the special branch of Islamic knowledge called "The science of inheritance and
division of the estate." These books deal with all the different ways of dividing an
inheritance, and the proper share of all relatives according to the Qur'an and Sunnah. Prior
to passing any judgment about "unfair treatment" of Islam to women in terms of inheritance'
one must examine this subject closely.
In contrast to all the other societies, Islamic Jurisprudence stipulates the rules and
regulations about all the affairs of a man, from big to small, to bring harmony to their lives.
Just like a person has specific instructions for how to live and use his money in his lifetime,
his wealth after his death is dealt with the same way. Unlike other social systems, a person
can generally do with his wealth in his life however he wants but his will has certain
restrictions according to the Islamic Law. Through his will he can only give 1/3 of his
wealth to whoever he wants, all the rest is distributed according to the law of inheritance
derived from the Qur'an.
In the famous tradition; the companion Sa'ad ibn Abi Waqqas was ill and requested to
bequest the majority of his wealth as charity, or a half of it since he was wealthy and only
had one daughter. The Messenger of Allah (Peace be upon Him) forbade him and only
allowed him to give a third, and said:
"A third and a third is a lot, and it is better that you leave your heirs wealthy
rather than leave them needy begging from the people. You will not spend
anything seeking Allah's countenance but you receive a reward for that
expenditure, even the morsel of food you put into your wife's mouth."
[Bukhari #2591 & Muslim #1628]
An important point to note is that in many civilizations, man-made laws of inheritance are at the
whim of a powerful individual; to give or deprive, as one will, however unjustly. Moreover, in these
societies often there is no law that obligates a man with financial responsibilities and relieves the
women from them. On the other hand, according to Islam, a male is required to take care of the entire
financial needs of the female dependents of the family until they are married. From the time a female
marries, her financial responsibilities are her husband's obligation. After the death of the husband, the
son or other male relative is obliged to care for the widow.
Therefore, demanding a "fair," "just" or "equal" share of inheritance for both male and
female Muslims, who do not have equal financial obligations and responsibilities, is an
unfair and unjust demand. It is only fair and just to give preference to a male heir, in light of
his financial responsibilities, over the female heir from the inheritance of the father, mother
or others. Considering all this, the fact that a female is still entitled by the Islamic law to a
half share of the portion of inheritance received by the male, and sometimes an equal share,
is indeed fair, just, and generous.
While the modern society struggles to define the best way to protect the rights of both men and women
alike, Islam is a step ahead by outlining the most refined and specific rules on inheritance that is known
to the civilized world, about 1400 years in advance. What is more amazing is that while Islam emerge
at the time when the status of a woman was at an all-time low and her rights were totally deprived,
Islam has never failed to gradually improve the status of the women to the highest standard by giving a
fair treatment to them, which is beyond imagination if the situation 1400 years ago is taken into
consideration.
Q2) Define Ijma (consensus) and explain its different kinds. Highlight its
importance in the light of the Quran and Sunnah.
Ijma” is the primary source of law. It means determination or consensus. The society, which was
established, by the Holy Quran and the Sunnah is a living society so the Allah almighty gave sanction
to the consensus of the Muslim to meet the arising needs of the time. Following is the Meaning of Ijma.
Ijma is the verbal noun of the Arabic word Ajmaa it is used in two senses.
(i) Determination and resolution
(ii) Agreement upon a matter
(II) Definition of Ijma
“Ijma is defined as agreement of the jurists among the followers of Mohammadan in a particular age on
a question of law.”
Imam al-Shafi`i defines the ijma` thus in his Risala: The adherence of the congregation (jama`a) of
Muslims to the conclusions of a given ruling pertaining to what is permitted and what is forbidden after
the passing of the Prophet, Peace be upon him. By "congregation of Muslims" he actually means the
experts of independent reasoning (ahl al-ijtihad) and legal answers in the obscure matters which
require insight and investigation, as well as the agreement of the Community of Muslims concerning
what is obligatorily known of the religion with its decisive proofs. Shafi`i continues (Risala p. 253):
"The Prophet's order that men should follow the Muslim community is a proof that the Ijma` of the
Muslims is binding." Later on (p. 286) he quotes the hadith whereby the Prophet said: "Believe my
Companions, then those who succeed them, and after that those who succeed the Successors. But after
them falsehood will prevail when people will swear to the truth without having been asked to swear,
and testify without having been asked to testify. Only those who seek the pleasures of Paradise will
keep to the Congregation..." Shafi`i comments: "He who holds what the Muslim
Congregation (jama`a) holds shall be regarded as following the Congregation, and he who holds
differently shall be regarded as opposing the Congregation he was ordered to follow. So the error
comes from separation; but in the Congregation as a whole there is no error concerning the meaning of
the Qur'an, the Sunna, and analogy (qiyas)."
Ijmaa‘ is of two types: definitive and presumptive.
1. Definitive is that which well known and well established, such as consensus that the five daily
prayers are obligatory and that zina (fornication, adultery) is haraam. No one can deny that this type of
ijmaa‘ is proven and established, or that it constitutes proof in and of itself, or that the one who rejects
it becomes a kaafir, unless he is ignorant and may be excused for his ignorance.
2. Presumptive is that which can only be known by means of research and study, where the scholars
may differ as to whether is ijmaa‘ (on a particular issue) or not. The most correct scholarly opinion
concerning that is the view of Shaykh al-Islam Ibn Taymiyah, when he said in al-‘Aqeedah al-
Waasitiyyah: The type of ijmaa‘ that is to be accepted is that of the righteous early generations (as-
salaf as-saalih), because after their time there was a great deal of disagreement and the ummah spread
far and wide. End quote.
It should be noted that the ummah cannot agree on something that is contrary to an unabrogated, clear,
saheeh text, because it can only agree on what is true. If you see consensus that you think is contrary to
that, then it must be one of the following: either the evidence is not clear, or it is not saheeh, or it is
abrogated, or there is a difference of opinion concerning the matter of which you were not aware.
The hadith of Muhammad which states that "My ummah will never agree upon an error"[1] is often cited
as a proof for the validity of ijmā'. Sunni Muslims regard ijmā' as the third fundamental source
of Sharia law, just after the divine revelation of the Qur'an, and the prophetic practice known
as Sunnah. While there are differing views over who is considered a part of this consensus, the majority
view is split between two possibilities: that religiously binding consensus is the consensus of the entire
Muslim community, or that religiously binding consensus is just the consensus of the religiously
learned.[2] The names of two kinds of consensus are:
Q3) Give a comparative review on the role of women in Islam and the modern
society.
Ans) Despite some popular images of Muslim women as repressed and oppressed, many women today
are actively affirming the rights and responsibilities that they believe the Qur'an affords to them. The
Holy Book affirms that men and women are created from one soul to be partners to each other, that
males and females have the same religious responsibilities, and that both genders will receive like
rewards on the Day of Judgment. In only a few instances are circumstances for men and women
notably different in the Qur'an, and these verses are being seriously studied and interpreted by both
women and men today. Passages that seem to affirm male authority over women are based on the
Islamic understanding that men are responsible for the financial support of women. Some Muslims
argue that they should be reinterpreted in cases where women are now the financial providers. While
the Qur'an allows a Muslim man to take up to four wives, it also insists on equal treatment for all.
Some Muslim women are ensuring monogamous marriage by making it part of the marriage contracts,
and polygamy is forbidden in states where it is against the law.
At a time when female children were buried alive in Arabia and women were considered transferable
property, Islam honored women in society by elevating them and protecting them with unprecedented
rights. Islam gave women the right to education, to marry someone of their choice, to retain their
identity after marriage, to divorce, to work, to own and sell property, to seek protection by the law, to
vote, and to participate in civic and political engagement.
In 610 C.E., God began to reveal the message of Islam to Prophet Muhammad, peace be upon him
(pbuh), inMecca. Muhammad (pbuh) called people towards the belief in one God and encouraged them
to be just and merciful to one another. In reforming the pagan Arab society, he particularly transformed
their mindset regarding the treatment of women. Islam abolished the practice of killing female children
and raised the stature of women in society to one of dignity, esteem, and privilege.
Islam further confirms that both men and women are equal in the sight of God. In the Quran, God
declares, “…Indeed, the most noble of you in the sight of Allah is the most righteous of you…” (49:13)
At another place in the Quran, God clearly states that all humans are equal: “To whoever, male or
female, does good deeds and has faith, We shall give a good life and reward them according to the best
of their actions.” (16:97)
While Islam clearly establishes that men and women are equal, it does recognize that they are not
identical. God created men and women with unique physiological and psychological attributes. In
Islam, these differences are embraced as vital components to a healthy family and community structure
with each individual contributing their own distinctive talents to society.
Hence, God’s rules apply to both genders, but in diverse ways. For example, God commanded women
to cover certain parts of their body, including their hair, to preserve their modesty. Men are also
required to cover parts of their body out of modesty, but not in the same way as women. Therefore,
God commanded both men and women to be modest; yet, the manner in which they observe it is
different. Similarly, the rights, roles, and responsibilities of women are evenly balanced with those of
men but are not necessarily the same. As Islam has granted individual identities to men and women, a
constant comparison between the two is futile. Each plays a unique role to mutually uphold social
morality and societal balance.
Another misconception is the role of education. Many people believe that Muslim women are not
allowed to receive an education – which in fact couldn’t be further from the truth. A basic of
understanding of the life of Muhammad and knowledge of the wives of the Prophet reveal several
examples of women excelling within their fields of knowledge. For example, The Prophet’s wife
Khadijah was not only a businesswoman but a very successful one. The Muslim community
encourages the role of women in Islam to be one that is educated and the Islamic world wants them to
excel within their areas of interest and expertise. An important role of women in Islam is to educate
themselves. Both on an academic level and within their culture. And across the board Muslim women
are pushing the envelope and doing just that.
Moreover, Islam understands that it’s important to educate and nurture all genders because the Muslim
community relies on the next generation to lead them. The Khilafah State is obligated to provide
women with the highest level of education and view women as valuable citizens of the state. The role
of women in Islam is viewed as vital and honorable. Muslim women engaging in politics is not a new
phenomenon, an early example of this is at the time of the Prophet Muhammad when the leaders of
Yathrib sent a party of Bani Khazraj to pledge their allegiance to him. This group was comprised of 62
men and two women who pledged allegiance. The pledge of Aqabah is well known to have had both
spiritual and political implications. The pledge was not only a declaration of accepting Islam but was a
promise of political support and military protection. Later examples continue to support the idea of
women in politics. In the early fourth century A.H, Um Muqtadir Billah, the mother of the Abbasid
Khaleefah set up a tribunal for the purpose of settling people's petitions and lawsuits and placed one of
her female courtiers as judge.
Ans) Sunnah, ( Arabic: “habitual practice”) also spelled Sunna , the body of traditional social and
legal custom and practice of the Islamic community. Along with the Qurʾān (the holy book of Islam)
and Hadith (recorded sayings of the Prophet Muhammad), it is a major source of Sharīʿah, or Islamic
law. In pre-Islamic Arabia, the term Sunnah referred to precedents established by tribal ancestors,
accepted as normative and practiced by the entire community. The early Muslims did not
immediately concur on what constituted their Sunnah. Some looked to the people of Medina for an
example; others followed the behavior of the companions of the Prophet Muhammad; whereas the
provincial legal schools, current in Iraq, Syria, and the Hejaz (in Arabia) in the 8th century CE,
attempted to equate Sunnah with an ideal system—based partly on what was traditional in their
respective areas and partly on precedents that they themselves had developed. These varying sources,
which created differing community practices, were finally reconciled late in the 8th century by the
legal scholar Abu ʿAbd Allah ash-Shāfiʿī (767–820), who accorded the Sunnah of the Prophet
Muhammad as preserved in eyewitness records of his words, actions, and approbations (the Hadith)
normative and legal status second only to that of the Qurʾān.
The authoritativeness of the Sunnah was further strengthened when Muslim scholars, in response to the
wholesale fabrication of hadiths by supporters of various doctrinal, legal, and political positions,
developed ʿilm al-hadith, the science of attesting the authenticity of individual traditions. The Sunnah
was then used in tafsīr (Qurʾānic exegesis) to supplement the meaning of the text and in fiqh (Islamic
jurisprudence) as the basis of legal decisions not discussed in the Qurʾān.
The Sunnah is not a concept that can be dealt with separately from the Quran. In the Quran, it has been
mentioned that the Prophet removes heavy burdens, makes rules, and teaches society the open
and hidden meanings of the Quran. As a matter of fact, when we look at the practices of Sunnah, we
see that the Prophet of Allah gave his companions information about numerous subjects. This
information was then interpreted by scholars of the time, continued to be practiced in their daily lives
and has passed on to us from generations to generation. Allah has informed mankind in the chapter ‘Al-
`Imraan’ that the Prophet had the task of teaching the Quran and purifying mankind. Allah Says
(what means): "Certainly did Allah confer [great] favor upon the believers when He sent among them
a Messenger from themselves, reciting to them His verses and purifying them and teaching them the
Book and wisdom, although they had been before in manifest error." [Quran 3: 164]
It would be useful to give close attention to the phrase "teaching the Book and the wisdom", because it
is not possible to understand the Quran fully and practice its commands without following the Sunnah
of the Prophet . Our religion is whole only with the Quran and the Sunnah. At the time when the
Quran was revealed, the people around the Prophet learned and practiced the commands of our
religion as required by looking at the example of the Prophet . Indeed, the Prophet was an
important example with His life, in which he practiced the commands of the religion for us to
understand the Quran. We perform the ritual prayers and other acts of worship as a clear example for
understanding the commands of the religion. As is well known in Islam, performing five prayers a day
is an obligation, and there are verses giving general information about how to perform ablution (wash),
and how to perform the prayers. We can understand how exactly we should perform prayers only by
looking at Sunnah. There is no detailed information in the verses about the way of performing the
prayers, the content of prayer, the manner by which men and women should perform the prayer, the
degree of importance of the prayers, the details of ablution, what nullifies ablution; we can learn such
Q5) Argue for supremacy of ‘Wahi’ as the solution of human problems against
other sources of knowledge.
The Holy Qur’an was revealed to the Holy Prophet (saw) in a variety of different ways and features :
a. In the form of dreams:
Prophet Muhammad (saw) would sometimes receive divine revelations of the Holy Qur’an in the form
of dreams. Ayesha (ra) narrates that the beginning of Wahi began in the form of true dreams. Whenever
the Holy Prophet (saw) would see a dream its true meaning and significance it would become clear by
the morning (Bukhari).
b. Revelation revealed directly into the heart:
The Holy Prophet (saw) also used to receive revelation directly into the heart. Imaam Hakim narrates
that the Holy Prophet (saw) stated: “Angel Gibraeel conveyed a message into my heart. That no man
can die until his ‘rizk’ or resources have been completed. So Man should fear God and try all means to
achieve his resources. If there is a delay in receiving your due then do not go astray to achieve it for
whatever you will receive will be through Allah and what he has already ordained”.
c. Revelation disclosed upon the sound of a bell:
Another method of revelation was at the sound of a bell. The Holy Prophet (saw) would hear the
ringing of a bell or a musical sweet sound, which would be immediately followed by divine revelation.
According to Hadrat Ayesha (r.a) once the divine revelation began, Angel Gabriel (a.s) would come at
various times with different ayahs of the Qur’an. According to her, the Holy Prophet (saw) himself
stated that: “Sometimes wahi comes to me after a bell rings and that is a heavy time for me”. (Bukhari)
This method of revelation appears to be the most difficult type for the Holy Prophet (saw) to bear. If he
(saw) was mounted on a camel and received revelation after the ringing of a bell, the camel would be
unable to bear its weight and be forced to come down upon its knees. On another occasion it is narrated
by Hadrat Zaid bin Thabit (r.a) that the Holy Prophet’s (saw) thigh was resting on his thigh at the time
of receiving wahi. The force of the revelation was so strong that it felt as if his own thigh was breaking.
Hadrat Ayesha (r.a) also reports that during these occasions the Holy Prophet’s (saw) brow would
sweat or that his face would become very red.
d. Revelation Brought by an Angel in the Form of a Man:
One of the most common ways of receiving revelation was through Angel Gibraeel (as). The Holy
Qur’an states:
Say: Whoever is an enemy to Gibraeel – for he brings down the (revelation) to thy heart by Allah’s
will, a confirmation of what went before, and guidance and glad tidings for those who believe, –
Whoever is an enemy to Allah and His angels and apostles, to Gibraeel and Michale, – Lo! Allah is an
enemy to those who reject faith”( Al-Bakarah: 2:97-98)
Angel Gibraeel (a.s) would sometimes come to the Holy Prophet (saw) in the form of a man. Hadrat
Ummi Salma (r.a) reports that: “once I saw Dhaya Qalbi in front of the Prophet (saw) talking to him.
The Prophet (saw) then asked me: “Do you know who this man is?” I replied: “That was Dhaya Qalbi”
By God I thought it was him but the Prophet of God (saw) later announced in his Kutbah it was the
Angle Gibraeel”.
e. Revelation Through an Angel in his True Form:
Angel Gibraeel also came to the Holy Prophet (saw) in his actual angelic form. Hadrat Abdullah ibn
Masood (r.a) narrates that Prophet Muhammad (saw) said: “When I saw Angel Gibraeel he had 600
wings”.
f. Revelation Directly from God:
God has directly communicated with some of His Prophets as with Prophet Musa (a.s) on Mount Toor.
The Holy Prophet (saw) spoke directly with Allah (swt) during his ascent into the heavens, the Miraj.
There, Allah (swt) gave divine revelation to his Holy Prophet (saw) concerning the obligatory prayers.
It is interesting to note how the differing methods of communication reach their climatic end with
‘Kalam Elahi’, Allah directly speaking to His beloved. Initially Allah (swt) beckons His Prophet (saw)
gently through dreams. Then revelation is communicated directly into his heart. Thereafter the Angel
Gibraeel (a.s) comes with revelation in the form of a man. As the Holy Prophet (saw) draws closer and
closer to Allah (swt) Angel Gibraeel (a.s) is shown in his full glory to him. Finally Allah (swt) calls His
beloved Prophet (saw) to the heavens and talks to him directly in the finale of the Miraj-un-Nabi.
In short the Holy Quran is the final book and without the least doubt is truly the word of God, and the
complete law. It does not need any change or alteration and it solves each and every problem of faith. It
would be quite correct to say that the Holy Quran is the only source of all the teachings of Islam, and
according to the general consensus of a great number of Muslim scholars, the Holy Quran is without
any doubt, the Word of God. Any supposed Tradition or saying of the Holy Prophet (sa) that goes
against the Quran is undoubtedly false. In short the Holy Quran is the Word of God and a perfect Code
of Law, wholly free of alterations, and contains the solution to each and every problem of faith. It
would not be incorrect to proclaim that the Holy Quran is the only source of authority for every
command and directive of faith. Even the most bitter enemies of Islam have been forced to admit that
the Quran we have now is, word by word and in its entirety, identical to the Quran handed over by the
Holy Prophet (sa) to his followers. It has been preserved without any change.