%0 Journal Article
%T An Analytical Overview on the Girl's Inheritance Share Based on Gender in Islamic Law
%A £¿brahim Y£¿lmaz
%J -
%D 2018
%X Basic characteristic of Islamic heritage law, principally it has accepted the two-to-one ratio between the male and the female children/siblings in division of heritage. In Islamic inheritance law, the main/basic reason why the share of the male is twice the share of the female is no ¡°value¡± judgments given to female/women in creation and gender in Islam, on the contrary, are real realities related with the roles and financial obligations that man and woman have undertaken, in other words, related with ¡°socio-economic structure/fact¡± in the family and society structure foreseen by Islam. As a matter of fact, ¡°need principle¡± is based on in division and succession of heritageand a fair arrangement has been made in accordance with the rights and responsibilities of the husband and wife in Islamic Law. In some classical tafs¨©r books, the concept of ¡°degree¡± in the verse ¡°... Men have a degree (right) over women¡± (Al-Baqara 2/228) mentioning the mutual rights and responsibilities of women and men; and the expression of ¡°lil al-dhakari mithlu ha£¿£¿ al-unthayain¡± in the verse ¨Cthe inheritance of man is the share of two women¨C (Al-Nis¨¡ 4/11) mentioning the inheritance shares of boys and girls is interpreted against the woman by disregarding the intended purpose and socio-economic contexts of these verses. As a result of this interpretation, the share of men in inheritance is twice the share of women in Islamic law is ontologically (existential/creation) based on a justification that ¡°man is superior to woman¡±. In this article/study, an analyticallook atthe interpretations in some classical tafs¨©r books on the axis of ¡°daraja/degree¡± and ¡°lil al-dhakari mithlu ha£¿£¿ al-unthayain¡± that today sheds light on the sociological-historical background of depriving the daughter from the heritage will be made. Summary: Just as there is no way to determine a person¡¯s sex, it is not either possible by reason to have such an opportunity. - With the possibility of medical intervention nowadays - sex is determined by the discretion of the Supreme Creator rather than will. Indeed, it is mentioned in the Qur¡¯¨¡n: To Allah belongs the dominion of the heavens and the earth; He creates what he wills. He gives to whom He wills female [children], and He gives to whom He wills males (Al-Sh¨±r¨¡ 42/49.) In addition to human biological sex, there is also social gender. Indeed, the term ¡°sex¡± refers to being biologically female or male, while the term "gender" refers to the social and cultural identity of a woman or man, or the social roles that occur in the historical process. Accordingly,
%K £¿slam Hukuku
%K Miras Pay£¿
%K K£¿z £¿ocu£¿u
%K Cinsiyet
%K Temellendirme
%K Klasik Tefsir Kitaplar£¿
%K Analitik Bak£¿£¿
%U http://dergipark.org.tr/cuid/issue/36586/404670