The Islamic “struggle and pursuit” fatwa gives the wife a share of up to half of her husband’s inheritance, if she is a shareholder during their married life, and gives her the share of the normal Islamic inheritance in the remaining half.
The Grand Imam had demanded the necessity of reviving this fatwa, in light of the modern developments that required women to enter the labor market and share the burdens of life with their husbands, stressing the keenness of Islamic Sharia to preserve women’s rights and ensure everything that would preserve their dignity.
The Al-Azhar call generated a wide welcome from official bodies and civil society organizations in Egypt, emphasizing Al-Azhar’s endeavor to preserve the rights of working women from being infringed upon.
In turn, a member of the Council of Senior Scholars, Mahmoud Muhanna, said in exclusive statements to “Sky News Arabia”, that Islamic law ensured the preservation of women’s rights in all respects, as it made them a special protection, while obligating men to all financial rights; From the establishment of the marital home to the daily expenses.
He added that if a working woman wants to help her husband at the expense of life, this is a matter of good treatment, but she is not compelled to do so by Sharia. Therefore, reviving the fatwa “the right of toil and pursuit” guarantees the woman her full financial rights in the event of harm.
Preserve her financial right
This is what the professor of comparative jurisprudence at Al-Azhar University, Fathia Al-Hafni, indicated in statements to “Sky News Arabia”, that women at this time went out to the field of work and contribute part or much of the family’s spending and help the husband in that, and therefore this fatwa preserves her financial right after It was a catalyst for wealth creation.
Al-Hefni said that these rights may be written or agreed upon between the spouses, in order to guarantee the woman the right she spent in the event of separation or the death of the husband.
The professor of comparative jurisprudence clarified that the money that combines between spouses should be equally divided between them, but if the woman’s spending is greater, then in this case the division may be “one third to two thirds” according to the participation of both of them in that wealth.
According to Al-Hafni, in the event of the husband’s death, his wife has the right to obtain half of the wealth that he achieved during his association with her, first, and then distribute the inheritance according to Islamic law and obtain her share, which is the price.
She stressed that the implementation of this fatwa has become of paramount importance to preserve the rights of women, because they may be subjected to injustice or abuse today.
Dr. Ali Gomaa, the former Grand Mufti of Egypt and a member of the Council of Senior Scholars, had previously said that many of the Maliki jurists issued a fatwa for the wife’s right to share her husband’s wealth that he acquired during their marriage to the extent of her effort and endeavor; Among them is the Sheikh of the Malikis in his time, the scholar Abu Al-Abbas Ahmed bin Ardoun.
human rights praise
The call of the Sheikh of Al-Azhar to implement the fatwa was widely praised by the National Council for Women in Egypt, and activists and human rights activists concerned with women’s rights thanked the Sheikh of Al-Azhar for his call to revive this fatwa, and a number of them called for its legal establishment.
Rania Yahya, a member of the National Council for Women, said in statements to “Sky News Arabia”, that this fatwa had a positive resonance in Egypt “because it came from the Sheikh of Al-Azhar, because of its great religious value and his opinion is taken into account in the Arab and Islamic world as a whole, and he has an influential role.” on public opinion.”
She added that “this fatwa guarantees the wife’s right after seeking to participate with the husband, and this is important because it confirms the positive role that the wife plays with her husband within the family and guarantees her a decent life without abuse or coercion.”
Yahya stressed that “the wife is the husband’s true partner in all matters of his life, because this is an actual and realistic matter, and therefore the official application of that fatwa confirms the wife’s entitlement to all the material and moral rights of the family.”