rebuttal to islam sikhism unclear quaranic laws

Upload: sikhsangat-books

Post on 10-Apr-2018

220 views

Category:

Documents


0 download

TRANSCRIPT

  • 8/8/2019 Rebuttal to Islam Sikhism Unclear Quaranic Laws

    1/8

    www.SikhingTruth.com

    Page 1 of 8

    The Unclear

    Inheritance LawsEnshrined in the

    Holy Quaran

    www.SikhingTruth.com

  • 8/8/2019 Rebuttal to Islam Sikhism Unclear Quaranic Laws

    2/8

    www.SikhingTruth.com

    Page 2 of 8

    1 Contents Page

    1 Contents Page.............................................................................................................. 2

    2 Introduction................................................................................................................. 3

    3 Quaranic Law Unclear and Ambiguous...................................................................... 34 Islam-Sikhism website wrote: Muslims have clear, unequivocal and unambiguous

    proofs .................................................................................................................................. 3

    4.1 SikhingTruth response: statement regarding clear proofs within Islamic

    literature.......................................................................................................................... 34.2 Quotes from Islamic scripture............................................................................. 3

    4.3 Analysis of Islamic laws ..................................................................................... 4

    5 Summary regarding Islamic laws................................................................................ 8

  • 8/8/2019 Rebuttal to Islam Sikhism Unclear Quaranic Laws

    3/8

    www.SikhingTruth.com

    Page 3 of 8

    2 IntroductionSikhism respects all religions and supports the concept of "Sarbat da Bhalla" which

    means "Good for All". Sikhs do not have any ill will towards any community, as all

    human beings are sons and daughters of one God.

    See the brotherhood of all mankind as the highest order of Yogis; conquer your own

    mind, and conquer the world. (Shri Guru Granth Sahib Ji, Page 6)

    Our aim with publishing this document is only to highlight the truth and as Sikhs we

    respect all Muslims who choose to follow an Islamic lifestyle without the hatred,

    judgement and superiority complex.

    3 Quaranic Law Unclear and AmbiguousThis section looks at Islamic law and the claim that it is scientific, unambiguous and

    clear.

    4 Islam-Sikhism website wrote: Muslims have clear,unequivocal and unambiguous proofs

    Hence, unlike the Muslims who can turn to clear, unequivocal, unambiguous proofs fromtheir Holy Scripture. to emphatically condemn this oppression (regarding fored

    marriages), the Sikhs, alas, cannot.

    4.1 SikhingTruth response: statement regarding clear proofswithin Islamic literature

    When we examine the claim that Muslims make regarding the infallibility of their codes,

    rules and regulations, it opens a whole new can of worms for the Muslim community

    with no logical answers. One of the most obvious mathematical mistakes of the Quran

    can be found in the division of inheritance. The laws of inheritance are spread out in

    several Suras. One can find references to them in Al-Baqarah(2), Al-Maidah(5) and Al-Anfal(8). But the details of these laws are spelled out in the Surah Nisa (4).

    4.2 Quotes from Islamic scriptureQ. 4:11

    Allah (thus) directs you as regards your Children's (Inheritance): to the male, a portion

    equal to that of two females: if only daughters, two or more, their share is two-thirds of

    the inheritance; if only one, her share is a half. For parents, a sixth share of the

    inheritance to each, if the deceased left children; if no children, and the parents are the

  • 8/8/2019 Rebuttal to Islam Sikhism Unclear Quaranic Laws

    4/8

  • 8/8/2019 Rebuttal to Islam Sikhism Unclear Quaranic Laws

    5/8

    www.SikhingTruth.com

    Page 5 of 8

    Father 1/6 = 4/24

    Mother1/6 = 4/24

    Total = 27/24

    Now take another example. Say a man is survived by his wife, his mother and his sisters.

    The wife receives 1/4 of the inheritance, (In what ye leave, their share is a fourth, if ye

    leave no child;)

    the mother 1/3 (if only one, her share is a half. For parents, a sixth share of theinheritance to each, if the deceased left children; if no children, and the parents arethe heirs, the mother has a third;)

    and the sisters 2/3. (If there are two sisters, they shall have two-thirds of theinheritance (between them)

    When we add up these fractions they too are more than the total.

    Wife1/4 = 3/12

    Mother 1/3 = 4/12

    Sisters 2/3 = 8/12

    Total = 15/12

    In the above examples, the shares apportioned to the heirs exceed the total of the

    inheritance. In both cases the total of the inheritance sums to exactly one BEFORE taking

    into account the wife's share.

    What should be done if a man has two wives, one with children and the other without

    children? Does the one with children receive 1/8 and the one without children 1/4? And is

    this justice?

    Now suppose a woman dies leaving a husband and a brother:

    Husband receives half(In what your wives leave, your share is a half, if they leave nochild.)

    Brother receives everything (If (such a deceased was) a woman, who left no child, Herbrother takes her inheritance.)

    Does this mean that the parents, sisters and husband do not get anything? In that case

    where is the justice and if they do how can the brother get everything?

    Husband, (1/2) =

    Brother (everything) = 2/2

    Total = 3/2

    This verse does not specify that the brother gets everything only when there are no otherheirs. It just says when there are no children he gets everything. In the same verse it says

    that if a man dies leaving a sister, she gets half. What will happen to the other half?

  • 8/8/2019 Rebuttal to Islam Sikhism Unclear Quaranic Laws

    6/8

    www.SikhingTruth.com

    Page 6 of 8

    Here is another example: A woman leaves behind a husband, a sister and a mother.Husband, (1/2) = 3/6

    Sister (1/2) = 3/6

    Mother (1/3) = 2/6Total = 8/6

    We can conclude that the Quran in matters of inheritance is very obtuse. It is so obtuse

    that Shiites and Sunnis practice this law differently.

    For example:If a man leaves a wife and the two parents, the Shiites will give the wife 1/4 and then

    distribute the remainder as 1/3 for the mother and 2/3 for the father, i.e. they will receive

    1/4 and 1/2 of the original estate (see #2741). Sunnis give the wife 1/4, the mother 1/3

    and the father as the nearest male relative the rest, i.e. 5/12. As one can witness, the

    Quran is anything but clear.

    In order to solve these problems the Islamic doctors of law have devised a complex

    science called Al-Faraid. It contains rules of "Awl" and "Usbah," and the laws of"Usool" of the Fara'id, the laws of "Hajb wa Hirman," and many other issues relating tothis matter.

    The laws of Awl (accommodation) deals with cases when the inheritor's shares exceed

    or "overshoot" the sum of the total inheritance. In such case the shares are adjusted to

    accommodate everyone. This is how it works:

    Wife1/8 = 3/24 is changed to 3/27

    Daughters 2/3 =16/24 is changed to 16/27

    Father 1/6 = 4/24 is changed to 4/27

    Mother1/6 = 4/24 is changed to 4/27

    Total =27/24 27/27

    and for the second case,

    Wife1/4 = 3/12 Is changed to 3/15

    Mother 1/3 = 4/12 Is changed to 4/15

    Sisters 2/3 = 8/12 Is changed to 8/15

    Total = 15/12 15/15

    Thus the problem is solved thanks to human ingenuity but the portions are not the same

    as indicated in the Quran. Each party has to waive part of his or her share in order tomake this law work. This is a clear case in which the words of Allah needed human

    intervention in order to become applicable.

    There are yet cases when the shares of the inheritors do not sum to a whole 100% and

    there is a surplus left.

    Take for example a man who dies and leaves his wife and his parents.

    Parents 1/3 = 4/12

    Wife 1/4 = 3/12

  • 8/8/2019 Rebuttal to Islam Sikhism Unclear Quaranic Laws

    7/8

    www.SikhingTruth.com

    Page 7 of 8

    Total = 7/12

    Who will receive the balance 5/12 of the inheritance?

    The following are other cases that after the distribution, there is a surplus of Inheritance:

    Scenario fund distributed surplus

    Only a wife: = 3/4

    Only a mother: = 1/3 2/3

    Only a daughter = 1/2

    Two daughters = 2/3 1/3

    Only a Sister = 1/2

    A mother and a sister = 1/3 + = 5/6 1/6

    A wife and a mother = + 1/3 = 5/12 7/12

    A sister and a wife = + = 1/4

    In all these cases and many other combinations there is a surplus. What will happen tothis surplus? Who will inherit it?

    To deal with this problem the law of "Usbah" comes to effect. This law is to regulate the

    unclaimed shares, which have no corresponding people to receive them. Of course if the

    Quran was clear with no errors, there would have been no need for all these sciences

    and amendments.

    The law of Usbah is based on the following Hadith.

    Sahih Bukhari 8. 80. 724

    Narrated Ibn 'Abbas:The Prophet said, "Give the Fara'id (the shares of the inheritance

    that are prescribed in the Qur'an) to those who are entitled to receive it. Then whatever

    remains, should be given to the closest male relative of the deceased."

    According to this law, a man who dies and is survived by only his daughter with no other

    close male relative except a second cousin, his daughter will receive half of his

    inheritance and the other half will go to the mans second cousin. This seems quite unfairto the daughter, but it would be especially unfair if the man had a needy aunt or a female

    first cousin that would receive nothing because they are of the wrong gender.

    Now suppose that a man has no other heir except his wife and a distant male relative. The

    wife will receive 1/4 and the distant male relative gets the balance, i.e. three times the

    inheritance that his widowed wife gets. Is this justice?

    What if the deceased has no male relative at all? What will happen to the rest of hisinheritance? What happens in the reverse case when a wife has no relatives? The husbandwill receive half of her inheritance; who will get the other half?

    Note that in the Quran there is no priority for the distribution of the inheritance. In

    nowhere it says first give to these and from what is left, give to those. Even if we had

    to reinterpret these laws and prioritize them in the order that they are mentioned, it still

  • 8/8/2019 Rebuttal to Islam Sikhism Unclear Quaranic Laws

    8/8

    www.SikhingTruth.com

    Page 8 of 8

    does not work because in that case, each subsequent inheritor will have his or her share

    shrunk. Also in most cases the total inheritance will never be used up.Muslims argue that: "If A [ the deceased] left a widow or widower, the widow's or

    widower's share would first be calculated as in the first half of verse 4:1"However with the insistence of Muslims to show unequivocal proof from a divine

    source they must show this instruction in the Quran. There is no provision in the Quran

    to pay certain inheritors first and divide the rest among other heirs. The fact remains that

    the Quran in matters of the division of the inheritance is wrong mathematically.

    The obtuseness of these laws of inheritance is further emphasized in the following

    example. Consider the case of a man with only one daughter and 10 sons. According to

    the Quran, the daughter receives half while all the sons must share among themselves the

    other half. So each will receive not more than 1/20 of the inheritance. But this wouldcontradict the other ruling that a male is to receive twice the share of the female.

    Of course for 1400 years Muslims have practiced Islam and somehow they managed tomake these confusing laws work. How they did it? They reinterpreted, adjusted and

    compromised to make sense of these nonsense laws. They put all the inheritance in a pooland gave to each male child twice the share of their female siblings. This solution, though

    satisfies one of the ruling of the Quran about the inheritance, it contradicts the other.

    Despite all these incongruencies and errors the real problem with these laws is not thefact that they do not add up. The problem is in the inherent injustice that they embody. A

    fair minded person cannot avoid but to question, why daughters should receive half of

    what the sons receive? Why sisters receive less than brothers? And why a widower is

    entitled to double the share than a widow? Why the Quran states to the male, a portion

    equal to that of two females? (4:11). Think of a man with four wives. All the wives haveto share the of his wealth, if he has no children and 1/8 if he has. In the first case each

    wife will receive 1/16 of the inheritance and in the second case 1/32. How a woman who

    may not be young enough to remarry can survive with such meager share in a maledominated society as Islamic countries? On the other hand a man who loses all his four

    wives will inherit half to of every wifes wealth. Isnt this the formula to enrich the

    men and impoverish the women? It is easier to forget the mathematical errors of theQuran than forgive its injustice.

    5 Summary regarding Islamic lawsThe verse (4:175) claims that Thus doth Allah make clear to you (His law), lest ye err.

    And Allah hath knowledge of all things. As we saw, the above laws are anything but

    clear. They do not add up, the portions are not clearly defined, and the shares are

    distributed unfairly. It is up to Muslims to decide whether Allah, does not have the

    knowledge of all things, cannot add simple fractions, is confused and unfair or that the

    Quran is a mistaken, and Muhammad was not a prophet of God. It is one or the other.

    You decide.