Women’s Succession Rights under Muslim Law

  • Trisha Naik
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  • Trisha Naik

    Student in India

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Abstract

The rights of women are among the most talked about and debated issues across the world. Religion and patriarchy are often considered to be the most common causes of gender inequality in our society. The right to own property is a crucial requirement for the integration of a woman into a country’s economy. It also empowers the women and allows them to break away from any limitations imposed upon them and get income and economic security. Islam is based upon the principles of Tawhid or the unification of god, Risalah or the message of Muhammad, Adl or justice and Muswat or equality. However, it has been noted across various Muslim societies, that women have been not allowed to inherit property after the death of their parents. This mostly happens as a result of a lack of proper Islamic teachings and the non-implementation of the laws related to the inheritance rights of a Muslim women. Islam has always given women a very dignified and respected position in society. Both the genders are considered to be equal in relation to the laws of inheritance and no special treatment is given to either of the genders. In Islam, succession is based upon the principle of a double share to a man and a single share to the woman. However, while these laws place certain restrictions upon a woman’s right to inherit, it imposes equality in a woman’s capacity to own, run and dispose off property. Muslim women enjoyed various kinds of property rights, centuries before the women who were born into countries which are considered to be the gold standard of equality today. Furthermore, Muslim women enjoy various other rights which are not given to the men of their community.

Type

Research Paper

Information

International Journal of Legal Science and Innovation, Volume 3, Issue 5, Page 247 - 256

DOI: https://doij.org/10.10000/IJLSI.111097

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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