Equality of Men and Women in Succession: An Assessment of Islamic Rules

Authors

  • Md. Shahjahan Mondol Islamic University, Kushtia
  • Reba Mondol Islamic University, Kushtia

DOI:

https://doi.org/10.18034/ajhal.v7i1.368

Keywords:

Hanafi Muslim law, males’ and females’ share, equality, inheritance

Abstract

Generally it goes that a Muslim man receives greater portion than that of a woman of the same grade and degree under classical or modern Hanafi Muslim rules of succession; e.g., where a son and a daughter survive the propositus the son receives two-thirds and the daughter one-third. So it is generally claimed that a Muslim man inherits greater share than that of a woman. But such allegation may not be the fact always. An assessment of the arrangements of succession in Hanafi School shows, in this regard, that under the School a woman receives larger amount than a man. Both primary and secondary sources are used in the study. The primary source includes the Quran or Hadith, and secondary source different books, journals, etc. Only Hanafi Islamic school rules of succession are addressed, rules of no other schools like Shafii, Hanbali, Maliki, etc. are included. Practically, the study shows that Muslim women inherit more than Muslim men. Socially, the study removes the notion of the thinking that Muslim men receive more than Muslim women in inheritance. The study is an original piece of work.

 

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Author Biographies

  • Md. Shahjahan Mondol, Islamic University, Kushtia

    Professor, Department of Law, Islamic University, Kushtia-7003, BANGLADESH

  • Reba Mondol, Islamic University, Kushtia

    Professor, Department of Law, Islamic University, Kushtia-7003, BANGLADESH

References

Coulson, N. J. (1971) Succession in the Muslim Family, Cambridge University Press. DOI: https://doi.org/10.1017/CBO9780511557965

Dr. Mizanur Rahman (ed.), Human Rights and Empowerment, Empowerment through Law of the Common People (ELCOP), Dhaka, 2001

Fyzee, A. A.A. (1964) Outlines of Muhammadan Law, Oxford University Press, third edition.

Rahman, M. H. (1989) Muslim Law (1st part), published by Syeda Marzina Khatun, Rajshahi, Bangladesh

Uniform Family Code (1993). Narir Adhikar, Aain Sanskar O, Uniform Family Code, (Rights of Women, Law Reformation and Uniform Family Code), Bangladesh Mahila Parishad (Bangladesh Women’s Forum), Dhaka

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Published

2020-02-29

Issue

Section

Peer-reviewed Article

How to Cite

Mondol, M. S. ., & Mondol, R. . (2020). Equality of Men and Women in Succession: An Assessment of Islamic Rules. Asian Journal of Humanity, Art and Literature, 7(1), 33-42. https://doi.org/10.18034/ajhal.v7i1.368

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