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Interpretation: Reflections on Inheritance Laws and Social Ethics in Surah An-Nis






Interpretation: Reflections on Inheritance Laws and Social Ethics in Surah An-Nis


the Lectures of Nokounam, may Allah sanctify his secret (Session 942)

Preface

Surah An-Nis, like a brilliant gem among the verses of the Holy Quran, sheds light on social, jurisprudential, and ethical matters revealed amid the turmoil and conflicts of that era. This Surah, emphasising inheritance rulings, wealth management, and equitable behaviour towards vulnerable groups, serves as a guide for living in a society whose foundational ideals are justice and cohesion. In this treatise, a profound examination of verses seven and eight of Surah An-Nis is undertaken to elucidate the meanings and concepts of these verses with clear and dignified language, framed in a scholarly and coherent manner. The central focus lies on inheritance laws, the role of wealth in war-stricken regions, and the necessity of just treatment of the imprudent and the needy, all analysed in the light of the Holy Quran and scholarly interpretations.

Part One: Inheritance Laws and Financial Justice in the Holy Quran

لِلرِّجَالِ نَصِيبٌ مِمَّا تَرَكَ الْوَالِدَانِ وَالْأَقْرَبُونَ وَلِلنِّسَاءِ نَصِيبٌ مِمَّا تَرَكَ الْوَالِدَانِ وَالْأَقْرَبُونَ مِمَّا قَلَّ مِنْهُ أَوْ كَثُرَ ۚ نَصِيبًا مَفْرُوضًا

For men is a share of what the parents and close relatives leave, and for women is a share of what the parents and close relatives leave, whether it be little or much a fixed share.

Verse seven of Surah An-Nis stands as a steadfast pillar emphasising the principle of justice in the division of inheritance. The repetition of the phrase a share of what the parents and close relatives leave for both men and women signifies the legal equality in the fundamental right of inheritance. This repetition not only indicates the financial independence of men and women but also, as a divine melody, negates any form of discrimination in financial rights. The phrase whether it be little or much illustrates the universality of this ruling, that inheritance, regardless of its quantity, is an established and inviolable right. A fixed share underscores the legal and religious obligation of this division, as if it is a law as immovable as a mighty mountain.

From a jurisprudential perspective, this verse explicitly affirms the financial independence of women. A woman who inherits is free to dispose of her wealth without interference from her husband or any other individual. This independence preserves the dignity of the woman in Islamic society like a radiant gem. However, a juridical caveat exists: the utilisation of this inheritance must not lead to the humiliation of the husband or disruption of family life. This condition, akin to a precise scale, balances individual rights with familial cohesion.

Preserving Familial Cohesion in the Use of Inheritance

Although a woman is free to manage her inheritance, this liberty must flow like a stream within the channel of preserving family unity. The use of inheritance must not result in the degradation of the husband or turmoil in conjugal life. This principle applies not only to inheritance but to all financial matters concerning the woman. Similarly, a man cannot, without logical justification, prevent the woman from working, especially if she has attained the capability to participate in society through education and effort. This right, like a sturdy tree, is rooted in rationality and justice.

For instance, a woman who has spent years acquiring knowledge and attained a degree of expertise cannot be barred from utilising her knowledge unless rational reasons exist, such as harm to family life or hazards in the workplace. This proportionality, like an exact measure, protects familial relations from excess and deficiency.

Distribution of Minor Possessions and Bequests

In the division of minor possessions, such as clothing or carpets, no disposition is permissible without the consent of the rightful heirs. This ruling, like a precise demarcation, guarantees justice in the distribution of inheritance. A father may allocate his possessions to specific children by will, but absent a will, each individual has a fixed share which cannot be revoked. This principle, like a strong shield, safeguards individual rights against encroachments.

Part Two: Social Ethics and Support for the Needy

لَا تُؤْتُوا السُّفَهَاءَ أَمْوَالَكُمُ الَّتِي جَعَلَ اللَّهُ لَكُمْ قِيَامًا وَارْزُقُوهُمْ فِيهَا وَاكْسُوهُمْ وَقُولُوا لَهُمْ قَوْلًا مَعْرُوفًا

Do not give your property to the foolish which Allah has made a means of support for you, but provide for them from it and clothe them and speak to them words of kindness.

Verse five of Surah An-Nis, like a glowing torch, provides guidance on dealing with the imprudent. Words of kindness denotes speech that neither humiliates nor creates delusions. This principle, akin to the two pans of a scale, prescribes balance in behaviour. Humiliating the imprudent diminishes human dignity and engenders social tension, while excessive respect may induce false arrogance. This balance, like a gentle breeze, protects social relations from chaos and misunderstanding.

Imprudence, observed to varying degrees in many individuals, poses a significant challenge in social management. Wise conduct towards the imprudent prevents both their humiliation and their false sense of superiority. For example, when paying a worker, if an amount exceeding wages is given, it must be explicitly stated that this sum is assistance or a gift, not part of the wages, to avoid misconceptions.

وَإِذَا حَضَرَ الْقِسْمَةَ أُولُو الْقُرْبَىٰ وَالْيَتَامَىٰ وَالْمَسَاكِينُ فَارْزُقُوهُمْ مِنْهُ وَقُولُوا لَهُمْ قَوْلًا مَعْرُوفًا

And when the relatives, the orphans, and the needy are present at the division, provide for them from it and speak to them words of kindness.

Verse eight of Surah An-Nis, like a gushing spring, emphasises support for relatives, orphans, and the indigent during inheritance division. This injunction not only commands material assistance but also advocates respectful and just behaviour. The presence of the needy at inheritance distribution is an opportunity to strengthen social bonds and reduce inequalities. This ruling, like a firm bridge, guides society towards cohesion and justice.

Part Three: Wealth and War in Historical and Contemporary Contexts

Wealth in War Zones

War zones, like blazing furnaces, melt and regenerate wealth within themselves. Historically, the spoils of war and inheritance of the deceaseds property channelled wealth to survivors and conquerors. Orphans and women without guardians, benefiting from inheritance of parents or husbands killed in battle, were recipients of this wealth. This phenomenon, like a roaring river, transferred assets from the deceased to the living.

In the contemporary era, war has evolved into a modern and profitable industry. Arms factories, like colossal giants, produce wealth surpassing other industries. The high demand for weapons imposes exorbitant costs and market monopolies double the profitability. This reality, like a clear mirror, reflects the profound connection between war and wealth.

War and Arms Trade

Instigation of conflicts in countries, like a spark in a powder keg, fuels the arms market. Nations lacking military power purchase arms at exorbitant prices, while powerful countries, like cunning merchants, profit from this trade. This cycle, like an endless wheel, concentrates wealth in the hands of a few.

Key Point: War, like a boiling spring, concentrates wealth within itself, but this wealth is mingled with the blood and lives of humans. Just management of this wealth is an ethical and social necessity.

Military Power and International Respect

The verse Prepare against them whatever you are able of power (Al-Anfal: 60), like a blazing torch, stresses the necessity of strengthening defensive capabilities: Prepare whatever strength you can against them. This preparedness, like a firm shield, bestows respect and international influence upon society. However, military power in inexperienced hands is akin to a knife in a childs hand dangerous and leading to chaos.

Historically, examples such as the tragedies of the Second World War demonstrate the perils of unchecked power. Unrestrained ambition, like a destructive storm, sacrificed millions of lives. This lesson, like a reflective mirror, underscores the need for order and rationality in power management.

Part Four: Social Challenges and Management of Imprudence

Imprudence and Wise Conduct

Imprudence, like a widespread shadow, is observed to varying degrees among many members of society. Managing this trait requires wise behaviour that neither humiliates nor engenders delusions. For instance, transparency in distinguishing wages from additional aid prevents misunderstandings in workers minds. This transparency, like a bright light, dispels social misconceptions.

Military Economy and Inequality

Military structures, like fortified castles, create employment and power for certain groups. These structures give rise to local leaders who, at times, challenge social order through ambition. This phenomenon, like a river diverted from its course, leads to inequality and tension.

Conclusion

Verses seven and eight of Surah An-Nis, like two shining stars, provide a comprehensive framework for managing inheritance and social behaviour. Verse seven, emphasising the financial independence of women and men, guarantees justice in inheritance division. Verse eight, urging support for the needy and respectful conduct, strengthens social cohesion. Historically revealed in a war-centric society where wealth was derived from plunder and inheritance, these verses remain pertinent in the contemporary world where war and the arms industry, like colossal giants, concentrate wealth internally, albeit at human costs. Just management of wealth and wise treatment of the imprudent constitute the two fundamental principles of these verses, which, like radiant torches, illuminate the path to justice and social harmony.

Under the supervision of Sadegh Khademi