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Reform of the Law of Inheritance in Turkey and Tunisia
2020
This study examines the reform of the law of inheritance in Turkey and Tunisia. Both countries reinterpret the law of inheritance based on the current social context where the changes of social structure particularly related to gender issues encourage changes in its implementation. Applying the library research method, this study aims at comparing the law of inheritance in Turkey and Tunisia and illustrating that the Sharia law associated with social issues is adapted to and reinterpreted according to the needs of the people. As the result, the study draws some conclusion that Turkey grants equal inheritance rights to men and women, whereas Tunisia integrates the inheritance legal system described in the Quran with the social context. This happens due to the fact that Turkey has been subject to total secularisation and has caused a conflict with the opposition since the beginning of its formation. In the meantime, Tunisia has attempted to avoid a conflict with the traditionalists. T...
The article stems from empirical research conducted with a group of women living in Istanbul who have conservative life styles bounded by an Islamic worldview. It attempts to illuminate the negotiation and contestation between the official civil law and Islamic law. The findings demonstrate that women inherit and bequeath property in a social setting where their gender roles are defined by their adherence to Islam. We argue that in Turkey women's inheritance practices are not determined solely in accordance with the secular civil law, but rather are the result of a complex and intertwined combination of legal sources, where an Islamic worldview often leads to the adoption of Islamic law. In other words, the application of the secular civil law in Turkey is limited by the common practice of Islamic law. Rather than follow the gender equality mandated by the civil law, the inheritance practices of many Islamic women are constituted with a deference to some aspects of Islamic law creating a situation of legal pluralism in Turkey.
“Competing Frameworks of Islamic Law and Secular Civil Law in Turkey: A Case Study on Women's Property and Inheritance Practices,” Women's Studies International Forum, Vol. 48, No. 1, pp: 29-38, 2015, (with Mary Lou O'Neil). (SSCI), 2015
The article stems from empirical research conducted with a group of women living in Istanbul who have conservative life styles bounded by an Islamic worldview. It attempts illuminate the negotiation and contestation between official civil law and Islamic law. The findings demonstrate that women inherit and bequeath property in a social setting where their gender roles are defined by their adherence to Islam. We argue that in Turkey women’s inheritance practices are not determined solely in accordance with the secular civil law, but rather are the result of a complex and intertwined combination of legal sources, where an Islamic worldview often leads to the adoption of Islamic law. In other words, the application of the secular civil law in Turkey is limited by the common practice of Islamic Law. Rather than follow the gender equality mandated by the civil law, the inheritance practices of many Islamic women are constituted with a deference to some aspects of Islamic law creating a situation of legal pluralism in Turkey.
The Dynamics of Inheritance in Various Modern Muslim Countries
Al Mashaadir : Jurnal Ilmu Syariah
Islamic inheritance law is an important expression of Islamic family law which is a half of the knowledge possessed by humans as emphasized by the Prophet Muhammad Saw. Islamic inheritance laws basically apply to Muslims anywhere in the world. Islamic inheritance law stipulates that children can be replace their father's position, both sons and daughters. The purpose of this research is to find out how Islamic inheritance law is implemented in several Muslim countries in the world. This research uses a library research types with a normative juridical approach. The research was conducted by collecting data as the main source such as books, journal articles and other data which were analyzed by Islamic law. The research is described normatively clearly according to the existing data. The results of this study indicate that the law of inheritance in Islam states that a child who can replace his father's position is a son and daughter from the male lineage whose father has died...
Equality between men and women in the Islamic Law of Inheritance
2018
This work is a translation from Arabic of a booklet on inheritance law in Tunisia originally written by Abdelmagid Zarrouki. The booklet deals essentially with the question of equality between men and women in the Islamic law of inheritance as incorporated under Tunisian law. In addition to the main translated text, the book contains also a forward in which the translator explains why inheritance law in Tunisia should be modified. Finally, the booklet provides also an English translation of the chapter on inheritance as currently in force in Tunisia.
Social Change and Its Relation to Islamic Inheritance Practice
This thesis generally discussed the social change and its relationship to the practice of Islamic inheritance. This study aims to investigate the impact of the social change in altering the inheritance law. Data for this study were gathered through various Islamic literatures, books, articles, seminar papers and other related materials. The findings of this study revealed that the social change has influence on the altering of the Islamic inheritance law within the community. However, the change was limited only for the law that was resulted from maslahah al-mursalah, as wasīyyat al-wajībah problems that have been legislated laws in Muslim countries, not the qat'i laws as it was originally coming from the divine source. As this study has several limitations, it was recommended that future studies need to examine this matter more comprehensively due to some deficiencies in its application such as the use of fiqh and ushul methods.
Progressive Realisation of Muslim Family Law: The Case of Tunisia
Potchefstroom Electronic Law Journal, 2019
From the time when women's rights were not placed high on the agenda of any state to the time when women's rights are given top priority, Tunisia's gender-friendly legislation requires a fresher look. One would be forgiven for thinking that Tunisia's reforms started after they gained independence from France in the 1950's. In fact, it was during the French Protectorate that reformers started rumours of reform, arguing amongst other issues for affording women more rights than those they were granted under sharia law, which governed family law in Tunisia. After gaining its independence, Tunisia promulgated the Code of Personal Status, which was considered a radical departure from the sharia. It is considered to be the first women-friendly legislation promulgated in the country. It could be argued that Tunisian family law underwent, four waves of reform. The first wave started during the French Protectorate. The second wave started in the 1950's with the codification of Tunisia's family law, which introduced women-friendly legislation. The third wave started in the 1990's with changes to the Code of Personal Status, and the latest wave commenced in 2010. In this article, I analyse the initial, pioneering phases of the reforms resulting from the actions of a newly formed national state interested in building a free society at the end of colonial rule, as well as reforms that have taken place in the modern state since the Arab uprising in Tunisia. As a result of the various waves of reforms, I argue that Tunisia should be seen as the vanguard of womenfriendly legislation in the Arab world.
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...
Stumbling Block: Inheritance and Women's Rights in Tunisia
2021
Inheritance has been a stumbling block for advocates of women's rights in Tunisia. Labeled an "anomaly" as the only Arab Spring country engaged in a process of democratization, Tunisia has also gained the reputation for being at the "forefront of the Arab World" in regard to women's rights. The reputation stems from reforms of Islamic family law from the 1950s to the 2010s that increased women's autonomy in marriage, divorce, custody, and other areas. Yet, inheritance laws have remained essentially the same for centuries. Attempts to reform them have all failed. We consider below issues surrounding inheritance, Islamic law, and current debates.
Change of Mazhab (School of Thought): The Effects on Inheritance in Islamic Family Law
International Journal of Academic Research in Business and Social Sciences, 2017
Muslim scholars unanimously agreed that a Muslim can inherit the legacy of the deceased who is a Muslim without looking at gender status or position in society or rank of piousness possessed by the deceased and the beneficiaries. Muslim scholars also agreed that non-Muslims are not prohibited from inheriting the deceased's estate according to rules of inheritance in their religion, provided that they possess the same religion. However, there are discussions by Muslim jurists as regards to the inheritance between a Muslim and a non-Muslim. The issue of inheritance, as well as other issues regarding fiqh, is exposed to differences of opinions among scholars from different schools of thought (mazhab). This article comes to discuss change of mazhab, its effect on inheritance. In the end of this article, the study towards to the practiced law and some relevant cases in inheritance in Malaysia will be carried out. This research uses the methodology of library research which is applying qualitative approach of exploratory and descriptive. It is using method of content analysis technique in examining the data. Hence, the data of this research are collected through library research methods and consequently been processed, organized and analyzed. They are taken from journals, seminar proceedings, scientific magazines, printed media, electronic media, internet, and others.