Although the decision concerns Tunisia, several Muslim countries are observing what’s happening there, as the matter of inheritance in Islam has remained unchanged for 1,400 years, ever since the emergence of Islam.
“The male gets a share equal to that of two females,” the religion of Islam stipulates. However, Tunisia has made a bold move by trying to amend this based on its civil constitution that recognizes equality raises. This has raised apprehensions and suspicions in several Islamic capitals against such a move, including Cairo.
Saad al-Deen al-Hilali, a professor of comparative jurisprudence at Al-Azhar University, has issued a fatwa (religious edict) that permits what Tunisia is doing and has stated that Tunisia’s decision to provide equal inheritance to men and women “is jurisprudentially correct and it does not contradict with God’s words”.
Speaking to ‘El Hekaya’ (The Story) television program that airs on MBC Masr, Hilali said that “inheritance is a matter of rights and not duties like fasting and praying,” adding that in terms of rights, “people have the right to deal with them.”
In a revolutionary tone which Egypt’s liberals liked, but its Islamists disapproved of, Hilali said the jurist’s fatwas change with the development of his knowledge and intellect with time. “We will reach where Tunisia has reached 20 years from now,” he stated.
After Hilali made these remarks, Al-Azhar issued a disclaimer that Hilali’s stance is not that of Al Azhar. Local media outlets quoted Dr. Ahmad Zaria, Al-Azhar University's spokesperson, as saying: “Dr. Hilali does not represent Al-Azhar University and his opinions are his own. What he said contradicts the Quran’s text and Al-Azhar’s approach.”
“Al-Azhar University council is discussing the stance regarding the statements of Dr. Hilali, which does not represent us at all,” Zaria added.
The electronic fatwa center at Al-Azhar also issued a statement criticizing Hilali’s remarks as contradictory and noting that it’s a shame that Hilali made such “strange” statements which to those who are not experts imply that they are based on law when in fact they are not."
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