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gambiabev
United Kingdom
3091 Posts |
 Posted - 05 Jul 2006 : 17:57:39
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twinkly, i cant stop laughing! LOL!!!
You arent serious are you????
I think you must be taking too much valium!!!! |
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Babylon
Sweden
691 Posts |
Posted - 05 Jul 2006 : 18:04:12
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quote:
Originally posted by twinkly
Anna
Yes, I do say that men and women are not equal and we shouldn't be.We should both be treated with respect and dignity, but we are never equal.
A man's physics is already different to a womans, men are said to have the muscles, women have the heartly, emotional things.And why can only women have babies?This is an important factor and should not be ignored.What's the point in bringing children into this world only to have to give them away to strangers to look after so the woman can go to work and be free?
We can't be equal because we have different duties in live to fulfill.
You know Twinkly... I think youīre just using this as an excuse for not working
Daycarecenters are even good for many children, they learn alot there that some parents canīt teach their kids. Such as social skills for example, how to behave among others. Some kids are better off at daycare than at home because far from all women (or men)are good parents. Itīs good for both women and children to have a life outside their home, a mother needs to take care of herself as well inorder to cope with all work at home. Otherwise you can lose your mind and become a stressed mom who yells at everyone and everything.
And whatīs wrong with having some fun every now and then? Even Gambians party almost all the time! Thereīs always a ceremony going on somewhere.
You sound so sad and pessimistic. Try putting on your dancing shoes for a change.
You say men and women have different duties in life... Well, you have the right to your opinion but I think the way you think is very 1800īs.
Why shouldnīt women be able to do a mans job and vice versa? Donīt you know there are female firemen nowadays?
Girl, I think you need to wake up and smell the coffee of 2006! |
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kondorong
Gambia
4380 Posts |
Posted - 05 Jul 2006 : 18:42:07
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quote:
Originally posted by njucks
it is also complicated by religion. in islamic societies inheritance is done according to islamic law where preference is to men.
i'm not sure in The Gambia which is more important Islamic Law or common Law when it comes to marriage and divorce and inheritance.
Islamic law tend s to be folowed. However you can appeal in the non islamic courts |
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kondorong
Gambia
4380 Posts |
Posted - 05 Jul 2006 : 18:46:55
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quote:
Originally posted by njucks
quote:
Originally posted by gambiabev
njucks why is preference still given to men? It was this way in England, where the oldest son got everything, but in return he was expected to care for the rest of the family. It enabled families to keep their power base instead of it being watered down by having to split the cash between several people. The line of inheritance stayed VERY strong.
i think it's just the way Sharia (islamic law) works. but in common law ofcourse its like the UK where you can have a will and the government takes its share too
Islam is not against a WILL BUT THE FOLLOWING PERSONS CANOT BE INCLUDED IN A WILL. ANY ONE WHO CAN INHERIT YOUR PROPERETY UNDER ISLAMIC LAW WILL NOT QUALIFY AND YOUR WILL WILL NOT BE HONORED.:
son
daughter
mother,
father
wife.
These people are by islamic law already included in inheritance, hence a will to them gives them more share. you can however will to other people, organisations etc but islam limits the value of the will to not exceed 10% of your wealth so as to protect your family and deny them inheritance. Boys earn more than Girls and parents earn less than your children. If they are alive they are entitled to some percentage. |
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kondorong
Gambia
4380 Posts |
Posted - 05 Jul 2006 : 18:50:02
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quote:
Originally posted by gambiabev
That is so sad. If I child loses its mother, it needs the father MORE than ever, not less. Just because a man remarries he shouldnt cast his first children aside, they are still his blood. Sometimes in very difficult painful divorced this can happen, but when the seperation is by death I dont understand how a father can do that! 
But then, there is alot I dont understand about SOME men!!!!
Sadly, when these disputes go on for years people suffer emotionally and financially. Then when it is finally resolved it is all eaten up in lawyers fees and there is no real winner. There is nothing new in this. Charles Dickens wrote about it often!
That has nothing to do with islam. By islamic law, you are responsible for your children's welfare and if you abdicate, you will satnd before your lord on Day of Judgement. Infact the prophet said that if you think you cannot marry, you should fast. What he means is to act like some one fasting. Dont look, speak anything bad, avoid all vices. It is not wrong to not marry in silam. What is wrong is to marry and fail your responsibility. |
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kondorong
Gambia
4380 Posts |
Posted - 05 Jul 2006 : 18:54:39
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quote:
Originally posted by Rainbow
My mum's mother died when she was young and her father remarried another wife and my mum and her sister were looked after by their uncle. Their father was not rich but aboved average.
When their father died the brothers and the other sons of the second wife took over everything.
Not a single thing was given to them. Lands and compounds automatically belongs to them. Because they have changed everything to their names. We are still going to court!!!
Well you have arught under islamic law to inherit property even if your mother is not married anymore to your father. Infact, in islam, even if any memeber of your family died after your father died but before the inheritance is distributed, the dead person still inherits. It is a matter of time. They were alive when their father died but did not live long to see the inheritance shared. This holds thesame for a an unborn child who can still inherit property when the fiather dies before he is born on condition that if the baby was born alive. Even if he dies ten seconds later, he can inherit prperty. Howver, if he was born dead then he cannot inherit. This is very basic but hey money talks and we tend to choose what we wnat out of the religion. |
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kondorong
Gambia
4380 Posts |
Posted - 05 Jul 2006 : 18:57:19
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quote:
Originally posted by Rainbow
Gambiaview - This court has been going on for 3 years and now my mum passed away and i am based in UK. Elders are now saying niece has little to say in grandfather's property.
When i'm there they all pretend to support me
I don't think we will win. I have decided to forget it but the pain will be in me for ever. It is betrayal of trust!!!
Rainbow
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quote:
Originally posted by gambiabev
That is so sad. If I child loses its mother, it needs the father MORE than ever, not less. Just because a man remarries he shouldnt cast his first children aside, they are still his blood. Sometimes in very difficult painful divorced this can happen, but when the seperation is by death I dont understand how a father can do that!
But then, there is alot I dont understand about SOME men!!!!
Sadly, when these disputes go on for years people suffer emotionally and financially. Then when it is finally resolved it is all eaten up in lawyers fees and there is no real winner. There is nothing new in this. Charles Dickens wrote about it often!
Under islamic law, even though your mother is dead, you can inherit property. She would have also qualified if she was still married to your father even though she died before the inheritance was distributed. You as a child has rights even if your mother is not married to him or is dead. You qualify through your father not mother. |
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Janyanfara
Tanzania
1350 Posts |
Posted - 06 Jul 2006 : 01:15:26
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Rainbow,
Your family should inherit your wealth.
what I mean your Family is:
your husband and childreen(If the diseade is female) or
Your wife/wives and childreen (If the diseade is male)
How ever if there cannot be unity to continue the family wealth in tact,then it should be divided equally amongst your childreen irrespective of their gender and part of it should be given to your wive/wives or husband.
Your parents/relatives/ like===mum/dad/uncle/ or what ever have no share except what you have given them while you were alife and what your family wishes to give them.
peace
Janyanfara |
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kondorong
Gambia
4380 Posts |
Posted - 06 Jul 2006 : 01:26:04
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quote:
Originally posted by Janyanfara
Rainbow,
Your family should inherit your wealth.
what I mean your Family is:
your husband and childreen(If the diseade is female) or
Your wife/wives and childreen (If the diseade is male)
How ever if there cannot be unity to continue the family wealth in tact,then it should be divided equally amongst your childreen irrespective of their gender and part of it should be given to your wive/wives or husband.
Your parents/relatives/ like===mum/dad/uncle/ or what ever have no share except what you have given them while you were alife and what your family wishes to give them.
peace
Janyanfara
i BEG TO DIFER. UNDER ISLAMIC LAW PARENTS HAVE A PERCENTAGE. YU CANNOT SHARE EQUALLY. THERE IS A PERCENTAGE AND BOYS RECEIVE HIHGER THAN GIRLS. HOWVER, IF YOU CHOSE SOMETHING ELSE, YOU CAN CHOOSE TO NOT GIVE THEM ANYTHING PROVIDED THEY ARE MORE THAN 18 YEARS OLD. CHILDREN BELOW 18 YEARS HAVE A RIGHT UNDER COMMON LAW. |
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Janyanfara
Tanzania
1350 Posts |
Posted - 06 Jul 2006 : 01:40:39
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Kon,
you are tired.You need sleep.
Which Islamic law are you talking about...Sharia?
Well maybe you are talking about the Sharia men wants people to belief not the one brought by Prophet Muhammad(pbuh).
peace
janyanfara |
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kondorong
Gambia
4380 Posts |
Posted - 06 Jul 2006 : 01:41:34
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| I am not inventing the wheel. It is the same. |
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kondorong
Gambia
4380 Posts |
Posted - 06 Jul 2006 : 01:42:52
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| Under sharia children do not receive equal amounts. Boys receive higher and there is a limit to how much you can will outside of your family |
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kondorong
Gambia
4380 Posts |
Posted - 06 Jul 2006 : 01:55:29
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Read the following:
Allah commands you regarding your children. For the male a share equivalent to that of two females. " [Quran 4:11
"If (there are) women (daughters) more than two, then for them two thirds of the inheritance; and if there is only one then it is half." [Quran 4:11]Women in this context refers to daughters. The Quran gives the daughter a specific share. In legal terminology the daughter is referred to as a Quranic heir or sharer (ashab al-faraid). The Quran mentions nine such obligatory sharers. Muslims jurists have added a further three by the juristic method of qiyas (analogy). So in Islamic jurisprudence there are a total of twelve relations who inherit as sharers.
And for his parents for each of them there is one-sixth of the inheritance if he has a child, but if he does not have a child and the parents are the heirs then for the mother one-third." [Quran 4:11]The Arabic word "walad" has been variously translated as child, son, children and offspring by translators. However, there is universal agreement amongst the Sunni Muslim jurists that "walad" here refers to any child or agnatic grandchild (grandchild through son).
If there is a child or agnatic grandchild amongst the heirs then each of the parents inherits one-sixth. In the absence of a child or agnatic grandchild the mother inherits one-third, the share of the father is not mentioned under these circumstances. The father in fact inherits as a residuary (a residuary heir gets whatever remains of the inheritance after the Quranic sharers have been allocated their shares, residuary heirs are generally male agnates) under these circumstances.
"
but if he has brothers (or sisters) then for the mother one-sixth" [Quran 4:11]
"And for you there is one-half of what your wives leave behind if there is no child, but if they leave a child then for you there is one-fourth of what they leave behind;
" [Quran 4:12]. THIS SECTION CLEARLY CONFIRMS THAT WOMEN CAN OWN PROPERTY INDEPENDENT OF THEIR HUSBANDS. IF THE WOMAN DIES AND HAS NO CHILD, HER HUSBAND CAN INHERIT HALF BUT IF THERE IS A CHILD, THE HUSABAND CAN INHERIT ONLY A QUARTER. THE RIGHT TO WON PROPERTY AND WORK IS THEREFORE SEALED IN THE HOLY BOOK.
Again according to Islamic law the word "walad" here is interpreted as child or agnatic grandchild. The husband, another Quranic heir, inherits one-half in the absence of a child or agnatic grandchild and one-quarter in the presence of a child or agnatic grandchild.
"And for them one-fourth of what you leave behind if you did not have a child, but if you have a child then for them one-eighth of what you leave behind;
" [Quran 4:12]
"And if a kalala man or woman (one who has neither ascendants nor descendants) is inherited from, and he (or she) has a (uterine) brother or (uterine) sister then for each of them (there is) one-sixth. But if they (uterine brothers and sisters) are more than that then they are sharers in one-third (equally)." [Quran 4:12]
Under Islamic law some of the Quranic heirs, namely the father, paternal grandfather, daughter, agnatic granddaughter, full sister, consanguine sister and the mother, can also inherit as residuaries under certain circumstances.
Certain heirs referred to as primary heirs are always entitled to a share of the inheritance, they are never totally excluded. These primary heirs consist of the spouse relict, both parents, the son and the daughter. All remaining heirs can be totally excluded by the presence of other heirs. There are several rules of exclusion which determine the exclusion of some heirs by the presence of others. It not possible to discuss all these rules in an article of this nature but in brief :
a person (e.g. brother) who is related to the deceased through another (i.e. father) is excluded by the presence of the latter,
an individual nearer in degree (proximity) to the deceased excludes the one who is remoter within the same class of heirs (son excludes all grandsons),
full blood excludes half-blood through father (so a full brother will exclude a consanguine brother but not a uterine brother)
The majority view is that the full and consanguine brother is not excluded by the paternal grandfather. However, the Hanafi fiqh allows the paternal grandfather to totally exclude the agnatic siblings.
Heirs may also be prevented from inheriting by disqualification. The only two practical situations which are causes of disqualification are difference of religion and homicide.
The Prophet (SAWS) said, "A Muslim cannot be the heir of a disbeliever, nor can a disbeliever be the heir of a Muslim." (Sahih al-Bukhari)
Allah's Messenger (SAWS) said, "One who kills a man cannot inherit from him." (Tirmidhi and Ibn Majah)
Umar ibn al-Khattab (RA) by systematically applying the rules gave the Quranic heirs their shares, husband (1/2), mother (1/6) and the two uterine brothers (1/3). The two full brothers acting as residuaries received nothing because there is no residue. The two full brothers, who would have been the sole heirs under the old customary agantic system, argued that even if their father was a donkey or a stone cast into the sea and they had no paternal relationship, they still had the same and equal relationship with the deceased as the uterine brothers through the same mother. Umar ibn al-Khattab (RA) reconsidered his ruling and allowed the full brothers to inherit equally with the uterine brothers in the share of 1/3.
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Edited by - kondorong on 06 Jul 2006 02:00:17 |
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Janyanfara
Tanzania
1350 Posts |
Posted - 06 Jul 2006 : 01:57:06
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quote:
Originally posted by kondorong
Under sharia children do not receive equal amounts. Boys receive higher and there is a limit to how much you can will outside of your family
What do you mean childreen do receive equal amounts.Boys receive higher yes I told you that and there is a reason for that.But you know and I know now things are not the way they used to be.Men take the largest of their parents wealth because they are surposed to look after women while women sit and eat.But now do we look after them anymore?They infact look after us.I belief if the Prophet was alife,He would instead give the women more share than men.Its only that God may never send another Prophet.But God never does wrong and thus His prophets would not bring us an unfair law!
peace
Janyanfara |
Edited by - Janyanfara on 06 Jul 2006 02:00:35 |
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kondorong
Gambia
4380 Posts |
Posted - 06 Jul 2006 : 02:04:08
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| GOOD NIGHT. AM SLEEPY |
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