Mohammed as Reformer

Was speaking with a person about the difficulties of establishing a legally defensible Islamic will in Ontario. Have written and made presentations on the topic. The difficulty is that the female spouse must be considered to have freely given up her succession rights under Ontario law. Those rights are such that, at first instance, a spouse cannot receive less of an estate interest than she would receive on a divorce. Therefore, any provision that gives her half of what a male is given, by will and in accordance with Islamic law, is open to later challenge by her. It could also be held to be contrary to public policy, even if consented to.

She looked at me and said “I consider Mohammed to be a reformer. Consider that at that time, women had no property rights. Even if they were granted lesser rights than men, it was still much better than what was before.”

We both agreed that a key issue becomes that of not being frozen in time. A progression in the past being a regression in the present.

Advertisements

About brucelarochelle

Practising Lawyer and Part-Time University Instructor (Accounting, Commercial Law, Organizational Behaviour); Part-Time Federal Tribunal Member. Non-practising Chartered Professional Accountant (Chartered Accountant and Certified Management Accountant).
This entry was posted in Islam, Wills. Bookmark the permalink.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s