Financial Rights of Women in Islam

The rights of women have been through constant turmoil across human history. It was only in the recent centuries, that women were allowed to inherit property and become financially strong. In 1800 BC, the Biblical era laid down an early law of personal finance. Women had the right to own property, but it was made highly conditional.

Since it was the male members who'd run the family, they were preferably the owner of all the properties. Wives could not inherit from husbands in the presence of any child or children. And similarly, daughters could not inherit in the presence of a son. 

Ancient Greece did not allow women to inherit property either. The English Common-Law of the 12th century seemed a ray of hope, that made married men and women as one financial entity. Nevertheless, married women still could not own property, but these rights were comfortably enjoyed by a widow or a spinster. In 1718, Pennsylvania (America) added another privilege allowing women to own and manage the property if their husbands are incapacitated. 

Finally, in 1839, Mississippi, became the first state to allow women to own property. This was followed by unconditional equal rights to inheritance, in Iceland, in 1850. Consequently, U.K. and U.S. adopted the same in 1922. [source]

Arabia, before the advent of Islam, stood on the other extreme. Let alone giving women rights, they were treated worse than animals. Wives and widows were subjected to violence and discrimination. A daughter born to a family was a matter of shame. The Qur'an mentions this by saying, 

"And when one of them is informed of [the birth of] a female, his face becomes dark, and he suppresses grief." [Qur'an 16:58]

The extent of this grief was such, those newborn daughters were buried alive. Killing a daughter seemed easier than raising one. Women had no rights whatsoever, be it social, financial, cultural, civil etc.  However, the rights of women, especially financial, that took the world centuries to reach, were not only laid within such an extreme society but were implemented against all odds and in just a span of 23 years. It is probably for this reason, that most of the early reverts towards Islam were in fact, women. 

 

Inheritance in property

The 4th chapter of the Qur'an, titled "The Women" contains most of the laws and regulations that govern the rights and responsibilities of women. Islam gave women the right to be legal heirs of their ancestors' property. These include, not just the properties of their forefathers, but other close relatives as well. The Qur'an states, 

"From what is left by parents and those nearest related there is a share for men and a share for women, whether the property be small or large, a determinate share." [Quran4:7]

The Qur'an affirms this right of women to receive their share of the property. The 11th verse of the same chapter explicitly outlines these shares for different situations. Different fractions from the property of the deceased go to the daughters, his mother, sisters etc. The share that they receive is solely owned by them and can be retained or spent according to their own will. 

While this property distribution covers the male members of the family, it ensures that every corresponding female member is covered in parallel as well. In no situation is the share of any female dismissed. The Qur'an made them legal heirs and granted women the right to own properties. 

 

Free from financial responsibilities

Women are not obliged to shoulder any financial responsibilities. If in case they earn, they are the owner of their earnings and can spend freely from it according to their own desire. On the other hand, it is the man's responsibility to look after her needs, give a roof over her head, provide her with good clothing, bring food to the family etc. These responsibilities lie primarily on the shoulder of the father, and in the absence of the father, the brother is in charge of the same. 

"Upon the father is the mothers' provision and their clothing according to what is acceptable. No person is charged with more than his capacity. No mother should be harmed through her child, and no father through his child. And upon the [father's] heir is [a duty] like that [of the father]." [Qur'an 2:233]

Similarly, whether a man be rich or poor, the Qur'an commands to spend from the sustenance that Allah provides him and take the best care of the family, according to his own capabilities. 

“Let the rich man spend according to his means; and the man whose resources are restricted, let him spend according to what Allah has given him” [Qur'an 65:7]

The Qur'an, time and again reminds us that it is the responsibility endowed upon a man to take care of his family, his mother, his sisters, his wife and his daughters. The Qur'an calls men qau'waam over women i.e. someone responsible for constant caretaking. The other meaning of qua'waam also includes someone who expresses or gives value to. The verse says,

“Men are responsible for women, because Allah has made one of them to excel the other, and because they spend (to support them) from their means” [Qur'an 4:34]

 

Mahr & other gifts

Unlike the traditional dowry system, Islam gave a new right to the bride, which goes the other way round. A marrying woman has the right to ask for any wealth or gift of any form from her husband, which the husband is bound to give her for the marriage to be solemnized. This gift is called Mahr. The Qur'an mentions this in the following verse,

“And give the women [upon marriage] their [bridal] gifts graciously. But if they give up willingly to you anything of it, then take it in satisfaction and ease” [Quran 4:4]

Mahr neither has any upper limit nor a lower limit. But it is advised that Mahr should be of a reasonable amount to not fall heavy on the groom, that eventually, the couple has to start off their lives with a financial burden.  

 

Marriage ending in divorce?

The Qur'an has always emphasized making marriages work and keeping divorce as the last option for a couple to resort to. Divorce is highly disliked and should be avoided to the fullest. For any dislike or flaws in a spouse, the Qur'an beautifully reminds us that Allah has also created good in every human, and therefore one must overlook these flaws and appreciate the good in others, and in this case, the spouse.  

“And live with them in kindness. For if you dislike them – perhaps you dislike a thing and Allah makes therein much good.” [Quran 4:19]

In the same manner, if the situation grows worse, the Qur'an advises the get a third person, an elder of the family be involved and sort things out. This should be done by members of both families. The Qur'an clearly states,

“And if you fear dissension between the two, send an arbitrator from his people and an arbitrator from her people. If they both desire reconciliation, Allah will cause it between them. Indeed, Allah is ever Knowing and Acquainted [with all things].” [Quran 4:35]

It is indeed worth noticing how the Qur'an socially protects a woman by ensuring that not only her in-laws are involved in sorting out the matter, but members of her own family, preferably her parents and/or brothers be present there. A divorce largely affects both families and even spoils kinship. The Qur'an ensures that the women be protected from any harm and prevents any man from avenging his anger before or after the divorce.   

“And when you divorce women and they have [nearly] fulfilled their term, either retain them according to acceptable terms or release them according to acceptable terms, and do not keep them, intending harm, to transgress [against them]. And whoever does that has certainly wronged himself.” [Quran 2:231]

Furthermore, the man is also prevented from taking back the Mahr or any gift that he had previously given to his wife. All of it belonged to her and should stay with her even after the marriage is dissolved. Calling out to this taking back of gifts, as an injustice and a clear sign, the Qur'an says,

"But if you want to replace one wife with another and you have given one of them a great amount [in gifts], do not take [back] from it anything. Would you take it in injustice and manifest sin?" [Qur'an 4:20]  

"And how could you take it while you have gone in unto each other and they have taken from you a solemn covenant?" [Qur'an 4:21]  

Finally, a last financial responsibility is laid upon the man towards the woman prior to the divorce. The purpose is to ensure that the woman does not suffer after the divorce or is not in need to rely on someone else for any support. For this, the Qur'an says that any responsible man should not divorce his wife and leave her a destitute woman. This responsibility upon the man and a right of the woman is stated in the following verse,   

“For divorced women maintenance (should be provided) on a reasonable (scale). This is a duty on the righteous” [Qur'an 2:241]

 

Safeguarding widows' rights

The Qur'an states the rights of the wife to inherit from her deceased husband's property and is specified with the exact fractions for the different numbers of heirs. The 12th verse of the fourth chapter includes the wife among the legal heirs of a man's property. Others to inherit include the parents (if present), sons and daughters and may conditionally include his brothers and sisters as well. With this, the wife is made free to make her own decisions ahead in life.  

“And those who are taken in death among you and leave wives behind - they, [the wives, shall] wait four months and ten [days]. And when they have fulfilled their term, then there is no blame upon you for what they do with themselves in an acceptable manner. And Allah is [fully] acquainted with what you do.” [Qur'an 2:234]

While this alone gives her the freedom to make her own choices, the Qur'an yet in another verse makes it clearer not to force any woman into marriage, thereby making it unlawful and prohibited in clear terms.  

"O you who have believed, it is not lawful for you to inherit women by compulsion." [Qur'an 4:19] 

These were some of the verses that came to defend women and their rights in society. Apart from the financial rights, the Qur'an also covers every other aspect, social and economic, to ensure that women get the privilege they are entitled to. The advent of Islam not only transformed the community through these laws but also changed the way society looked at women. 

Daughters were considered a bigger blessing than sons while a mother held a stature, three times higher than a father. Modern sayings made a man's wife, his better half, whereas Islam way back stated that a man's half faith is completed when he is married to a woman. From treating women with respect to men lowering their gaze before a woman (non-mahram), the Qur'an and its guidance paved the way to a society that held women as high, that heaven rested at every mothers' feet.