MUSLIM PERSONAL LAW

The "Muslim Personal Law" (Family Law) consists of laws established by the Qur'an and the Hadith that govern marriage, divorce and inheritance of a Muslim. Just as it is incumbent upon Muslims to abide by the obligations of Salah, Zakaat, fasting, and Hajj, it is also incumbent upon them to adhere to these laws established by the Qur'an Sharif.

Does a Muslim have the right to prefer a secular law to the detriment of Islamic law? The verdict of the Qur'an is categoric and unequivocally: such a person should no longer be considered a Muslim because his preference implies the rejection of the teachings of Allah Ta'ala and His Messenger (Sallallaahu A'laihi Wasallam). And the rejection of Islamic teachings means apostasy. Allah Ta'ala says in the Qur'an:

"Never! By the oath of your Rabb, they cannot have Imaan until they make you judge their disputes and (until) they do not find any dissatisfaction in that which you decide and (until) they accept (your decision) with complete submission (with happiness)." (4:65)

A person who commits apostasy, that is, who denies Islam, is inferior to the one who has been kaafir since birth. It is obvious from this verse of the Qur'an that one cannot remain a Muslim while rejecting an injunction of the Qur'an. It is therefore wrong to say that it was the Muslims themselves who rejected the M.P.L, as our leaders wanted us to believe.

Any Muslim who does not comply with the Muslim Personal Law commits a very grave sin. Some of these sins are mentioned below.

1. It is haraam for a wife to appropriate: 

(a) more than one-eighth of her deceased husband's inheritance if she has children;

(b) more than one-fourth of her deceased husband's inheritance if she has no children.

2. It is the right of children to have their share of the inheritance on the death of their father. However, sometimes the mother exercises the usufruct, on the shares which, according to Islamic law, should go to his children, and this until her death. It is a haraam practice. 

Similarly, if it is the wife who passed away, it is haraam for the husband to deprive his children of their share of the inheritance of their mother's property.

3. (a) The deceased's parent, father or mother, is also entitled to inheritance. It is haraam to deprive him of his right to inherit because this is equivalent to consuming fire.

(b) The parents have the right of inheritance on the property of their deceased daughter as well, and her husband has no right to deprive them of the share that should be theirs according to Islamic law.

4. After the expiration of her I'ddah, it is haraam for a wife to claim alimony from her husband, even if the court orders that such an amount be paid to her.

5. (a) A woman who is separated from her husband by talaaq and whose period of I'ddah has expired, has no right of inheritance over the property of her deceased 'husband', even if she is civilly recognized as the widow of the latter.

(b) But if the husband dies before the expiration of the I'ddah, the wife will have a right of inheritance on the property of her deceased husband at that time, even if she was not civilly married to him.

6. A woman who is religiously married to a man who is already married religiously and civilly to another woman is entitled to her husband's inheritance. It is strictly forbidden for a woman who is married civilly and religiously to deprive the second wife, married only religiously, of her right of inheritance. The children of both women also have the right to inherit their father's property.

7. According to the Shariah, the daughters of the deceased are entitled to only half of what the sons must receive. Therefore, it is forbidden for girls to take more, because it would be to the detriment of their brothers and against the will of Allah.

CONCEPT OF DISCRIMINATION

The issue of discrimination among Muslims who believe in the omniscience of the Revelator and the authenticity of the Sacred Book does not arise, for they sincerely believe that the Supreme Creator knows better than anyone else the aspirations and needs of His creation.

As for those who do not believe in Qur'an, it is a waste of time to argue with them. First of all, they must be made to understand that the Qur'an is the Book of Allah, that has not undergone and will never undergo any modification or alteration and whose authenticity has been a thousand and one times proven by pious people, intellectuals and scientists.

[English version of "MUSLIM PERSONAL LAW" – Al Haadi – Vol. 1 No. 3]