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Interpretation: Reconsideration of Inheritance Laws and Social Transformations in the Light of the Holy Quran



Interpretation: Reconsideration of Inheritance Laws and Social Transformations in the Light of the Holy Quran


of Nokounam, May His Sacred Spirit Be Sanctified (Session 944)

Preface: An Introduction to the Necessity of Revisiting Laws in the Light of Social Transformations

The Holy Quran, as a guiding light, leads humanity on the path of justice and wisdom. This divine scripture, with rulings revealed within various historical and social contexts, continually requires contemplation and reconsideration to address the increasing needs of human societies. Although divine laws are rooted in the infinite wisdom of God, they acquire meaning within the framework of social subjects and conditions. This treatise, by a profound examination of the eleventh verse of Surah An-Nis, explores the question of how social transformationsespecially regarding the status of womennecessitate a re-evaluation of inheritance laws. Employing scientific perspectives and reflections on historical contexts, it endeavours to reinterpret the spirit and message of this verse in the present era.

Section One: Analysis of the Eleventh Verse of Surah An-Nis and Inheritance Laws

يُوصِيكُمُ اللَّهُ فِي أَوْلَادِكُمْ لِلذَّكَرِ مِثْلُ حَظِّ الْأُنْثَيْنِ ۚ فَإِنْ كُنَّ نِسَاءً فَوْقَ اثْنَتَيْنِ فَلَهُنَّ ثُلُثَا مَا تَرَكَ ۖ وَإِنْ كَانَتْ وَاحِدَةً فَلَهَا النِّصْفُ ۚ وَلِأَبَوَيْهِ لِكُلِّ وَاحِدٍ مِنْهُمَا السُّدُسُ مِمَّا تَرَكَ إِنْ كَانَ لَهُ وَلَدٌ ۚ فَإِنْ لَمْ يَكُنْ لَهُ وَلَدٌ وَوَرِثَاهُ أَبَوَاهُ فَلِأُمِّهِ الثُّلُثُ ۚ فَإِنْ كَانَ لَهُ إِخْوَةٌ فَلِأُمِّهِ السُّدُسُ مِنْ بَعْدِ وَصِيَّةٍ يُوصِي بِهَا أَوْ دَيْنٍ ۗ آبَاؤُكُمْ وَأَبْنَاؤُكُمْ لَا تَدْرُونَ أَيُّهُمْ أَقْرَبُ لَكُمْ نَفْعًا ۚ فَرِيضَةً مِنَ اللَّهِ ۗ إِنَّ اللَّهَ كَانَ عَلِيمًا حَكِيمًا
Allah commands you concerning your children: the male shall have the equivalent of the portion of two females. And if there are more than two females, then for them is two thirds of what has been left; and if there is one, then for her is the half. And for each of his parents, a sixth of what he left if he had a child. But if he had no child and his parents inherit from him, then for his mother is one third. And if he had brothers, then for his mother is one sixth after any bequest he may have made or any debt. Your fathers and your sonsyou do not know which of them is nearer in benefit to you. These are obligations from Allah. Indeed, Allah is All-Knowing, All-Wise.

Jurisprudential and Social Analysis of the Verse

This verse, addressing inheritance laws, was revealed within a context in which women in the Jahiliyyah society were deprived of any inheritance rights. The Holy Quran, by allocating women half the share of men, took a significant step towards social justice. However, the contemporary social contextwhere women participate alongside men in education, employment, and social rolesraises the question of whether this ruling remains just. Social transformations, like a roaring river, have surpassed previous boundaries and revealed the necessity of revisiting these laws.

Divine laws, like a sapling planted in the soil of time, evolve with changing subjects and social contexts. The ruling the male shall have the equivalent of the portion of two females was just in its time but requires reconsideration in the era of social equality.

Section Two: Transformation of Subjects and Their Impact on Rulings

The Changing Nature of Subjects Over Time

Religious rulings, like a mirror reflecting social reality, change as their subjects evolve. For example, previously, the making of idols was prohibited due to their worship; however, modern dolls, which are merely entertainment tools, are exempt from this ruling. This change, akin to a transformation from the darkness of ignorance to the light of play and creativity, illustrates the impact of the nature of the subject on religious law. Dolls, once symbols of disbelief, have now become instruments for nurturing childrens imagination.

Understanding the subject is an indispensable key to unlocking the rulings; the change in the function of objectsfrom idols to dollsnecessitates a new ruling.

The Transformation of Womens Status in History

In pre-Islamic societies, women, like marginalised beings, were deprived of fundamental rights and sometimes regarded on par with animals. They were not only excluded from inheritance but were also subjected to stringent protections indicative of their social weakness. The Holy Quran, by granting women inheritance rights, took a monumental step towards justice. Today, women shine like stars in the sky of society; educated, employed, and in some fields even pioneering men. This transformation, like a breeze reshaping the face of the earth, renders the reconsideration of prior rulings imperative.

The status of women, once confined to the interiors of homes, has today ascended to the pinnacles of society. This transformation has rendered the reconsideration of inheritance laws a social necessity.

Section Three: The Necessity of Scholarly Ijtihd and Reconsideration in Jurisprudence

Challenges of Religious Sciences in Confronting Social Transformations

Religious sciences, which ought to be like a flowing spring responding to the needs of the era, have sometimes fallen prey to superficiality. The absence of scholarly and research institutions capable of analysing subjects and updating rulings has rendered jurisprudence powerless in the face of social changes. Ijtihd, which functions as a bridge between the past and present, requires profound analysis of social and historical contexts, akin to the interpretation derived from a complex dream. The lack of such an approach has left religious understanding vulnerable to unscientific interpretations.

Scholarly ijtihd, like a torch in the dark, necessitates research institutions to harmonise rulings with social realities.

Critique of Traditional Rulings and the Necessity for Reconsideration

Traditional rulings, such as the diyah (blood money) value that regards a womans worth as half that of a man, have been criticised and ridiculed in the modern context. These rulings, which were just in a specific historical context, no longer correspond with current social realities. Women who today head households and work in demanding professions such as piloting and truck driving deserve equal rights. Traditional justifications, such as maintenance payments or dowry, pale in the face of these realities.

Traditional rulings, like an old garment, require alteration in response to social transformations.

Section Four: Human Unity and Equality in Rights

Humanity as a Singular Entity in the Light of the Holy Quran

The Holy Quran, by emphasising the unity of the human soul, negates any discrimination based on gender or race. Humanity, like a mighty tree, maintains unity of root despite diverse branches. External differences, such as beauty or strength, cannot serve as a basis for discrimination in rights. Women, who today excel in fields of science, sport, and society, bear witness to this unity.

Human unity, like a clear flowing stream, dissolves all gender discrimination and demands equal rights.

Critique of Superstitions and Fanatical Interpretations

Traditional interpretations that label women as deficient in intellect or long-haired animals stem from cultural prejudices rather than religious truth. These superstitions, like a veil of dust over the mirror of truth, have obscured the correct understanding of the Holy Quran. Religion is a rational and social methodology that must be accompanied by logic and justice, not baseless prejudices.

Superstitions, like a dark shadow, diminish the light of religious truth and must be eradicated.

Section Five: The Need for Scientific Institutions for the Development of Religion

Laboratories, Grooming Centres, and Birthplaces of Religion

For dynamism and responsiveness to the needs of the time, religion requires scientific institutions. Jurisprudential laboratories for analysing subjects and criteria, grooming centres for eliminating superstitions, and birthplaces for producing novel rulings are indispensable. Without these institutions, religion risks falling into obsolescence and superficiality.

Religion, like a living plant, requires a laboratory for analysis, a grooming centre for reform, and a birthplace for innovation.

Global Experiences and Equality in Worship

In some societies, women actively participate in worship and religious preaching, demonstrating equality in religious roles. This experience, like a mirror, reflects the necessity of reconsidering traditional limitations. Religion must be a rational methodology reflecting justice and fairness in all dimensions.

Womens participation in worship, like a fresh breeze, heralds religious equality.

Conclusion

The eleventh verse of Surah An-Nis, like a torch in the darkness of ignorance, granted inheritance rights to women. However, the current social context, in which women partake equally with men in education, employment, and household leadership, renders the reconsideration of this ruling imperative. Religious sciences, to remain dynamic, require research institutions to harmonise rulings with social realities. Religion is a rational and social methodology that must be cleansed of superstitions and adorned with justice. This treatise, by reflecting upon inheritance laws and social transformations, paves the way for a novel understanding of the Holy Quran.

Supervised by Sadegh Khademi