Zeynab Rahimi, a graduate of Level Three in Islamic Jurisprudence and Principles from the Women’s Seminary and currently a PhD student in “Women and Family Studies,” has analyzed the historical, jurisprudential, and social dimensions of verses 11 and 12 of Surah An-Nisa and their impact on the legal and social transformations concerning women.
The Status of Women’s Inheritance in Pre-Islamic Arabian Society
According to historical sources such as Al-Mufassal Fi Tarikh Al-Arab by Dr. Jawad Ali, pre-Islamic society in Arabia was deeply patriarchal. Women—especially wives—were excluded from inheritance. Wealth was transferred exclusively among men, particularly those who could defend the tribe in battle.
Two main reasons were cited for this exclusion:
- Women were seen as “unproductive” because they could not contribute to military defense.
- There was fear that wealth would be transferred to other tribes through women’s marriages, posing an economic threat.
However, women’s right to ownership was not entirely denied. For example, Lady Khadijah (peace be upon her) was a prominent businesswoman. Some tribes, such as the Banu Yashkur, had limited practices of granting inheritance to daughters.
Legal Transformation Following the Revelation of Verses 11 and 12 of Surah An-Nisa
These verses marked a major step in legal reform regarding women’s inheritance. By assigning specific shares to daughters and wives, women were officially included in the inheritance system for the first time. The foundational changes introduced by these verses can be summarized as follows:
- Granting independent legal status to women: Women became not only subjects of inheritance but also rightful heirs.
- Recognition of marital ties in inheritance: Marriage (causal relation) was acknowledged alongside blood ties as a legitimate basis for inheritance.
- Responding to urgent social needs: These verses were revealed after the Battle of Uhud, during which many women were left without guardians.
Reaction of Pre-Islamic Arab Society to This Transformation
Sources such as Bihar al-Anwar (Vol. 3, p. 10) indicate that this transformation faced serious opposition from men. Men from the Ansar tribe objected, saying, “How can a woman who owns neither a horse nor a sword inherit?”
The Prophet Muhammad (peace be upon him) responded decisively, declaring: “This is the command of God”, clearly asserting that this ruling was divine and obligatory for society to accept.
Qur’anic Preparation for This Legal Transformation
The change in women’s inheritance rights was not abrupt. Rather, the Qur’an laid the groundwork for this transformation through a gradual cultural and legal process.
- Stage One: The opening verse of Surah An-Nisa (“O mankind! Be mindful of your Lord, who created you from a single soul…”) challenged the degrading view of women in pre-Islamic culture by emphasizing the shared origin and intrinsic equality of men and women.
- Stage Two: Verse 4 of the same surah (“Give women their dowries graciously…”) affirmed women’s right to ownership by stating that the dowry belongs to the woman herself.
- Stage Three: Verse 7 publicly declared the principle of women’s inheritance: “For men is a share of what the parents and close relatives leave, and for women is a share of what the parents and close relatives leave.”
Social Impact of This Transformation
According to Allama Tabataba’i in Tafsir al-Mizan, “Granting inheritance to women was the greatest blow to the class-based system of pre-Islamic Arabia.”
Key social outcomes included:
- Breaking cultural taboos: Women were no longer considered men’s possessions; they gained full legal identity.
- Strengthening the family structure: The marital bond was now recognized with legal and social standing.
- Inspiring future civilizations: As Gustave Le Bon noted, the Islamic approach to women’s inheritance was centuries ahead of Western civilization.
The Message of These Verses for Contemporary Societies
The inheritance reforms for women in the Qur’an carry three key messages for today’s world:
- Balancing justice with responsibility: Although women may receive a smaller share of inheritance, men are religiously obligated to provide for the household.
- Preventing wealth monopolization: Expanding inheritance rights to include women prevents the accumulation of wealth in the hands of men alone.
- Challenging unjust traditions with divine reasoning: Islam demonstrated that even deep-rooted traditions can be reformed through rational and just principles.
In conclusion, Ms. Rahimi emphasized: Verses 11 and 12 of Surah An-Nisa are not merely legal rulings—they are a declaration for restoring the human dignity of women. These verses teach us that any lasting social transformation requires three essential elements:
- Cultural groundwork
- Resistance against unjust traditions
- Commitment to justice-based principles
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