Womens Inheritance Rights & Muslim Society (original) (raw)
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The Rights of Women to Inheritance under the Islamic law
ABSTRACT The idea of succession is as old as the history of mankind as this paved the way for the continuity of property and civilization. Noteworthy is the fact that most societies have been essentially patriarchal; but in no area of political, social and religious life has the despicable plight of women been more conspicuously noticeable than in the aspect of inheritance. This work is therefore an analysis of the inheritance rights of women in the Islamic legal system which have evolved from a system whose primary purpose was the support and liberation of women to one in which women enjoy the same rights to inherit and own property as their male counterparts. This work gives an overview of the system of Islamic law and of course the place of women. It then provides a detailed description of the ways in which the law govern the rights of wives, mothers, daughters, and other female relatives to inherit property without living behind the examination of the historical, legal and philosophical foundations of the practices of women’s rights to property in this jurisdiction.
Women Rights to Inheritance in Muslim Family Law: An Analytical Study
International Journal of Islamic Business & Management, 2020
Rights of women are one of the widely discussed yet debatable issues across the Western and Muslim world. It is seen in the Muslim societies that many women are deprived in terms of inheriting property after the demise of their parents. This is largely happening due to the negligence of practicing Islamic teachings regarding inheritance at individual and family level. However, Islam has placed a dignified position for women in family and society in all sectors. Particularly the principle of inheritance of property has been clearly stated in the holy Qur’an. In this background, this paper emphasises on exploring (a) Qur’anic and Prophetic stand on women’s right to inheritance, (b) the main obstacles that impede women in getting inheritance rights in family and its remedies from the Islamic perspectives. This paper adopts an analytical approach to study this vital issue. Under this approach, the study analyses the relevant data from the two fundamental sources of Islam, Qur’an and Su...
Women Rights of Inheritance in Islam: Equity versus Equality
Hello-Teen Society
Islamic law of inheritance, applicable to Muslim, stands on the foundation of principle of equity not of equality to ensure and manifest justice between the both sexes of human being. Rights fountain from the mountain of duties. Within the family structure of Islam, men, being the sole bread earner, women are privileged and protected under the umbrella of obligation of men. Social security and economic independence are ensured to women by providing equitable share in inheritance in contrast to men. Due to failure of comprehensive understanding of the whole aspect of rights and duties of men and women in the valley of Islam, some critiques consider this as an injustice to the women. Life-cycle of a man is full of financial obligations whereas a woman is immune from any such obligations though she has much wealth or earns money. In her life-cycle a woman is kept protected as financial obligation relying on the father, brother, husband, son etc. and finally on the state and in no circumstances a woman remains unsecured and unprotected. The present study readdressed the scheme of sharia law to show that Islam has ensured justice by ignoring apparent mathematical calculation in getting equal share to that of man by ordaining equitable distribution. Both descriptive and analytical methods were used in this research by using primary as well as secondary data sources.
Journal of Islamic Thought and Civilization
In many developing countries, the people cannot enjoy their basic human rights. Majority of women are refused their rights to admittance, own, or inherit land and property. As a result, they cannot afford to buy land. This deprivation makes them dependent on good marital and family relations. The right to inheritance is a legal and very legitimate right of every person, which has been given by Islam to women in very explicit words but unfortunately the custom of Pakistan is different regarding giving female legal right of inheritance. The chief objective of this research is to find out the causes of depriving women of their right to inheritance. For the accomplishment of the objectives of research, quantitative research method has been adopted. A survey was conducted in four public sector universities of Rawalpindi and Islamabad. The questionnaire was used as a research tool. Including highly educated faculty and students were selected for the collection of Data. These data were lat...
Succession Rights of Muslim Women in the Modern World: An Analytical Appraisal
Islam allows women the right to succession on the principle of a double share to a man and a single share to a woman. This principle is in reality an improvement on the operating law even in the 19th century wherein women were totally excluded from succession. Presently all Muslims are not governed by a uniform succession law. There are Muslim countries where the Shari‛ah is followed in theory while in reality a woman is excluded from inheritance. There are Muslim countries where Muslim women are allowed equal succession rights with men. Most non-Muslim countries have a uniform law of succession for all its citizens. This article addresses the question as to whether the modern law operating particularly in non-Muslim countries in comparison to Islamic law does better justice to nearer female heirs. Keywords succession rights – Muslim women – Muslim countries – mother, widow and daughter as heirs
WOMEN'S INHERITANCE AS GENDER EQUITY IN ISLAM NOT EQUALITY BASED ON SURA'H-AN-NISA
This study identifies the differences between gender equality and gender equity in Islamic world in the framework of Islam. The Arabic word " Musawah " is equivalent to the " Equality " between men and women related to their worldly and hereafter affairs, mentioned in the Qur'an and implemented by the Prophet Muhammad and they are given co-equal right with some stern restrictions. But Quran and prophetic traditions refer to the word " Equity " at the time of inheritance rights given to them. Their inheritance right is halved to men. Therefore, no burden is on their shoulder to support the houses, it is on their husband's onus to do. The word " equality " poses all misunderstandings between Islamic and western world what it misunderstood. And Western countries provide them equal right without any restrictions as man has, that leads to various malfunction such as same-marriage, homosexuality, nudity etc…
Islamic Law of Inheritance: Ultimate Solution to Social Inequality against Women
2015
According to the Shari'ah, when someone dies, most of his rights are transferred to his heirs and representatives. These transferable rights include all rights to property, usu fruct, and other dependent rights. The Islamic system of inheritance contains an extensive distributive scheme around the wider family circle. The difference between shares received depends upon the duties with which each person must cope. However, there is strong prejudice against the social role of women. Thus, a woman's share of inheritance becomes meaningful when she gains the right to employ that share herself. Keywords inheritance-fractional portions-per capital method-per stripes method
State of Inheritance Rights: Women in a Rural District in Pakistan
Journal of Social Service Research, 2016
The study aims to map the status of women right of inheritance in Bangladesh with reference to Islamic injunctions and social practice. For ideal status verses of Holy Quran and traditions of Holy Prophet regarding women right of inheritance are collected. The study concludes that we see most of the people of Bangladesh are reluctant to follow Islamic principles properly with reference to women right of inheritance. Who give women inheritance among of them majority families does not give women inheritance rather provide cash or kind in lieu of their actual shares. Even our society consider dowry as substitute of women right of inheritance. Economic dependency on men, fear of social breakup and conflicts with family and deficiency of proper Islamic knowledge are the reasons for women not to press for their share. Religious scholars should be involved to teach the masses to fulfill their religious obligation of providing actual share of inheritance to women.
The Role of Shari‘ah in Provision of Shares of Inheritance to Women
Pakistan Journal of Humanities and Social Sciences
In pre-Islamic Arabia, before the advent of Islam women were deprived from their basic civil rights including the right of having wealth and property. Generally women were excluded from the right of inheritance also. Islam not only recognized her as human being by raising her dignity but also ensured her better economic position by giving her appropriate property rights including inheritance. The Qur’?n and the Sunnah provide the basic provisions of Islamic law of inheritance and eliminate all the unjust custom of woman rights of inheritance before Islam. The Muslim jurists further streamlined the principles of inheritance in such scientific method so they can be easily applicable to actual situations; which undoubtedly is a major contribution in rest of the legal systems.In Islamic law woman can inherit the property of the deceased by varying her place and responsibility in the family as a wife, mother, daughter, grandmother, son’s daughter etc. Firstly, this paper describes the pr...