Thursday 25 August 2011

Synopsis of Civil Law in Islam: Qur'anic Perspective

Synopsis of Civil Law in Islam: Qur'anic Perspective



According to the Qur'an, both men and women are equal in Islam.
They are both addressed the same message.
Both are charged with the same rights and responsibilities.
Both are judged equally according to their actions (beliefs, thoughts, feelings and deeds). Both have the same reward or punishment in this world.
Both have the same reward or punishment in the Hereafter.

The following Qur'anic references denote this equality:
Believers, men and women, are friends and protectors, one of another; they enjoin what is right, and prohibit what is wrong, they establish regular prayers, give al-Zakat (alms-giving: meaning to purification of one's possessions), and obey God and His messenger. On them God will pour His Mercy: for God is exalted in Power and Wise.' 9: 71
And,
‘God has promised to believers, men and women, Gardens under which rivers flow, to dwell therein and beautiful mansions in Gardens of everlasting bliss, and a greater bliss from God: and that is the supreme felicity.' 9: 72




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 And,
‘For Muslims, men and women, for believing men and women, for devout men and women, for true men and women, for men and women who are patient and constant, for men and women who humble themselves, for men and women who give in charity, for men and women, for men and women who fast, for men and women who guard their chastity, and for men and women who engage much in God's praise; for them has God prepared forgiveness and great reward.' 33: 35

Two exceptions are mentioned in the Qur'an with regard to witnessing and inheritance.
In the case of standing witness reference indicates the following precept:
‘And get two witnesses out of your own men, and if there are not two men, then a man and two women, such as you choose, for witnesses, so that if one of them forgets, the other can remind her.' 2: 282
But the testimony of one woman is accepted as valid as that of a man should there be one woman witness only.
 The second case is that of inheritance:
‘God directs you as regards your children's (inheritance): to the male, a portion equal to that of two females.' 4: 11
This is applicable with the responsibility that the female must be taken care of, by the guardian who manages the inherited wealth until the male gets to age where he looks after his sister or sisters.
However, if one female is the only child she gets her due major portion of the inheritance along side her kindred as prescribed in the Qur'anic texts.
Laws of inheritance are very precise with precise portions due to members of relatives in accordance to kinship. These are rights and obligations for every Muslim.



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