فلسفہ احکام میراث

This research article explores the rationale behind Islamic injunctions regarding inheritance. Unlike other Islamic injunctions, which are briefly enunciated in the Quran but elaborated in Sunnah, inheritance has been detailed in considerable length in the Quranic text itself. This coupled with numerous Prophetic traditions underpins the unique importance Islam accords to the question of inheritance. However, despite its exceptional importance, the subject of Islamic law of inheritance remains mostly a neglected one, even among the students of Islamic seminaries and Ulema. Resultantly, Islam’s brilliant system of inheritance is often not implemented by the adherents of Islam, much to the miseries and hardships of the legal heirs, especially the children and women. Thus these marginalized segments of society are deprived of their rights today just as they were treated before the advent of Islam. This research brings home the fact that the divinely ordained Islamic injunctions of inheritance are based on sound rationale and justification in the best interest of humanity, and that the believers must adhere to these injunctions that are based on three key principles: proximity in relationship, need, and distribution of wealth. The paper explains in great length the types of relatives and legal heirs, the principles of distribution among them, the justification for such shares, and the limits imposed by Quran and Sunnah with regard to the right of the deceased, the heirs, relatives and the state. It also discusses some of the contentious issues in contemporary debate on Islam: an orphan grandson’s title to inheritance, and the philosophy behind 2: 1 inheritance distribution formula between son and daughter. In doing so, the author has not only relied on the main sources of Islamic jurisprudence viz. Quran and Sunnah, in addition to classical and modern Islamic scholarship but also sound argumentation and logical exposition.

Gender Differential in Social Development in Rural Sindh: A Sociological Study

The present research study on “Gender Differential in Social Development in Rural Sindh: A Sociological Analysis” looked at the gender differential in social development of women in Sindh. Since, women found possessing low status in rural Sindh, research designed to gain clear understanding of the problem. In that regard an analysis of indicators of social development is made. The set of indicators selected for the study to capture women’s social development based on the model of the Robert Fao (2005); which included access to education, health facilities, income and employment, participation in decision making process, political activities, and social activities, and status of women in cultural context of the universe. Gender differential in social development is documented as a social problem of the whole world. Differential in development for girl starts at her birth in the family. Due to this gender differential in development men have assigned a subordinate status to women in both Eastern and Western societies. Women in Pakistan face worse form of gender differential in development process; mainly in rural areas. Women in rural Sindh face the same situation as of their other counterparts in the country; they are differentiated extremely in all indicators set for the study. Three sociological approaches are undertaken in the present research study to determine the gender differential in the process of social development theoretically and conceptually; they are: gender and development GAD; women in development WID; and, empowerment. These approaches are discussed in the present research from both theoretical and practical perspectives to understand their associations with gender differential in social development. Their key concepts, limitations, and successes are critically assessed; their similarities and dissimilarities are also discussed. In the process of data analysis statistical test Chi-square was applied to find out statistical significances of associations and differences. Quantitative approach dominated the research process. In the present research study Descriptive survey research method is undertaken as type of study. Interview Schedule with Semi-structured guide questions are used to generate data from the sample of 384. Multistage-cluster sampling method is used to draw sample from the universe and the universe in the study is rural Sindh. Gender differential observed, in the educational attainment, literacy, type of work and earnings for it, occupation, work status, access to health facilities, participation in political and social activities, participation in decision making process and preference for son, were statistically significant. Research analyzed that women are hugely discriminated in all variables set for the study. As the results of the study indicated there is, high illiteracy rate, the lowest number of women and girls found having passed primary, secondary and above education, a huge number of women in rural areas found as unpaid workers, low or no health facilities to access, low or no participation in social and political activities, no or low participation in decision making process about household and personal life, and early marriages. Results, further, indicated that women possessed a low status in rural Sindh. The cultural norms prevented celebration of female births because these norms socialize that girls are inferior to boys. These cultural norms govern the social and personal life of women; restrict their social mobility and deprive them from participating in decisions regarding their lives. Most of the women are beaten by their husbands in country and women accept this as their fate. In the conclusion of the study some recommendations are made which suggest the review of existing strategies and programs and insist for designing new ones in order to remove gender differential in social development in the country. It is further suggested that programs should be designed which may give priority to girls education and ensure the retaining of girls in the schools; stop marriages at early age; create environments where they do paid work; enable women to take active participation in political, social and decision making process; introducing gender related rural development schemes; and help in taking efforts to bring culturally accepted gender equality in all aspects of social life.