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Safeguards For Widows In Sharia
A 70 year old woman’s husband died, they we’re married for 50years, had a very good life, built a house, but had no children, husband has three brothers and a sister. Husband relatives are trying to kick her out of the house, which she helped to built. Apparently shariah allows her to stay in that house for a year, she has very little income. How does Islam protect this woman. Is there any safeguard built in shariah for this woman, who is going to be thrown out of her house, after being paid a token money of her inheritance from her husband, husband did not leave any will as such, died suddenly. Moreover relatives are not interested in any will, apparently it does not stand for much. How could husband have avoided this shamble.
Thanks
Abubaker
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2 Replies
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Safeguards For Widows In Sharia
updated 9 months ago
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Replies
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According to the law of inheritance she has one fourth of the property as her share. This is not just a token.
Her husband should have taken care of her by making a will in her favour if he felt it was necessary, her as per the instruction of Qur’an. The law of inheritance comes into effect only when the person did not make a will And it seems his consent that his property be distributed according to the law Io inheritance. Now the law will take its course. The rest is a humanitarian appeal to be made to the heirs to take care of the old lady.
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Furthermore, Ghamidi Sahab writes under heading Directives Relating to Widows:
“Should such a wife be provided with residence and maintenance during this period? The Quran has answered this question further down in the surah: husbands should make a will in favour of their wives for the provision of one year’s residence and maintenance, except if the wives themselves leave the house or take any other similar step [4]:
وَالَّذِينَ يُتَوَفَّوْنَ مِنْكُمْ وَيَذَرُونَ أَزْوَاجًا وَصِيَّةً لِأَزْوَاجِهِمْ مَتَاعًا إِلَى الْحَوْلِ غَيْرَ إِخْرَاجٍ فَإِنْ خَرَجْنَ فَلَا جُنَاحَ عَلَيْكُمْ فِي مَا فَعَلْنَ فِي أَنفُسِهِنَّ مِنْ مَعْرُوفٍ وَاللَّهُ عَزِيزٌ حَكِيمٌ
And those of you who die and leave widows should bequeath for their widows a year’s provision and [bequeath] that [in this period] they shall not be turned out of their residences; but if they themselves leave the residence, there is no blame on you for what they do with themselves according to the norms of society. And Allah is exalted in Power, Wise. (Quran 2:240)”
(Excerpt from Meezan: Javed Ahmed Ghamidi)
(Rendered into English by Dr. Shahzad Saleem)
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[4]. Most commentators consider the directive stated in this verse to be abrogated from the verses of inheritance that Surah Nisa mentions. This, I am afraid, is not the case. The verse has not been abrogated by any other Quranic verse. Quite obviously, it is an extension of another Quranic directive: the directive given to the husband to provide for and give shelter to his wife in his lifetime. It is for the husband that she accepts the restriction of the iddat period. Hence she should necessarily be given more time to decide for her future. This is the wisdom behind the directive and bears no relation to the directive of distribution of inheritance.
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