Equality of Men and Women in Succession: An Assessment of Islamic Rules
DOI:
https://doi.org/10.18034/ajhal.v7i1.368Keywords:
Hanafi Muslim law, males’ and females’ share, equality, inheritanceAbstract
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.
Downloads
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
--0--