What the Qur'an means to Muslims

[Deleted]

And not just any Muslim:

A Muslim Dentist and his wife a Doctor, Both qualified and resident in the UK.

So this couple must be regarded as being within the top 2% of the population interms of intelligence or academic attainment or professional status. Yet, when it comes to personal beliefs they cannot accept what we would consider the norm: equal rights for women. Instead they must embrace the Sharia norm of boys inheriting TWICE that of their sisters and their mother inheriting the least.

I found the exploration of their dilemma remarkably illuminating and instructive. You can see it until 4 Feb, 2011, here:

www.bbc.co.uk/iplayer/episode/b00y4x9c/Cant_Take_It_with_You_Sons_and_Daughters/

The programme is called: Can't Take It with You

Brief details:

Sir Gerry Robinson helps two families torn over what to write in their wills.

Raymond is desperate to protect the Kent farm he has spent a lifetime building up and wants to leave it all to his sons, who work there, and leave out his daughter, who doesn't. But wife Jane isn't convinced this is fair.

Meanwhile devout Muslims Khalid and Sara have raised their two daughters to be equal to their son, but the Koran states that boys should be left twice as much as their sisters. Khalid and Sara face a dilemma over making a will that is fair to their kids in contemporary Britain, while remaining true to their faith.

Sir Gerry is assisted by top lawyer, Sue Medder, who sets out the legal options in each case, and writes the final wills. Sir Gerry gets all the family involved in the debate, because keeping problems secret is no way to solve them.

Deciding who gets what in a will can be one of the toughest choices anyone can have to make. But making no decisions at all and dying without a will, can cause rifts that tear families apart.++++++++++++++++++++++++++

Compulsive viewing. Watch it if you can.

I believe it has a message for us all.

Regards.

Prashna

[Erasmus]

And if they die without a will doesn't British law result in the eldest son inheriting the lot?

[Deleted]

Jan 29, 2011 12:31:52 GMT -5 Erasmus said:

And if they die without a will doesn't British law result in the eldest son inheriting the lot?

Have you actually watched the programme, Erasmus?

I am not a lawyer, and more specifically not a specialist in Family Law. Therefore, my comments must be that of an informed layman. Frome that perspective, the answer is:

No.

++++++++++++++++++++++++++++++

In this case, the house was owned as joint tenants by the husband and wife. Therefore, under British Property Law, the title for the house would pass 100% to the surviving spouse, regardless of any will. Only in the event of both spouses dying simultaneously (a very rare event), would the intestacy rules come into play.

The fact that the couple were Muslim would be irrelevant, under British Law. That is why they had to change the tenancy arrangements to "Tenants in Common" as a necessary first step to comply with Sharia. In other words, the "Joint Tenant" proprietorship, probably the most common form of home ownership in England is incompatible with Islam.
+++++++++++++++++++++

As for the liquid or non-fixed assets, they pass mainly to the surviving spouse (half, I think) and the rest EQUALLY to the children, unless they are minor. In the last case, the surviving spuse would effectively act as a trustee until they reached the legal age.

The intestacy rules also, are incompatible with Sharia.

Prashna