An Anthropological Perspective of Female share in Inheritance: An Appraisal of Gender Gap between Islamic Law and Practice

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Farhana Mehmood
Manahil Yaqoob
Nasira Mehmood

Abstract

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 later analyzed to draw the results of the research. The research covers two main aspects. Firstly, the awareness level of the educated class about their rights and prevailing laws; and secondly, the major societal causes of depriving women of their inheritance right. Findings of the survey indicates that women are deprived of their religious right of inheritance even in the highly educated sector due to financial, social and cultural issues. Inheritance law is one of the key leavers for the sustainable development of the society which provides social justice and wellbeing for the family. Therefore, the inheritance law needs be implemented through public awareness regarding the Islamic Shania and state laws.
Keywords: Inheritance, Islamic Law, Gender, Culture, Property rights, Sustainable development

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Author Biographies

Manahil Yaqoob, Fatima Jinnah Women University, The Mall, Rawalpindi

Visiting Faculty

Nasira Mehmood, Silver Oaks Collage Rawalpindi

Human Resource Manager

How to Cite
Farhana Mehmood, Manahil Yaqoob, and Nasira Mehmood. 2022. “An Anthropological Perspective of Female Share in Inheritance: An Appraisal of Gender Gap Between Islamic Law and Practice”. Journal of Islamic Thought and Civilization 12 (1), 199-213. https://doi.org/10.32350/jitc.121.11.

References

Bhatti, Haseeb. “Women’s Inheritance can be Claimed only in their Lifetime, Rules SC,” Dawn News, (September 23, 2021) https://www.dawn.com/news/1647973
Haifaa, Jawad. The Right of Women in Islam. America: Library of Congress, 1998.
Khan, Tahseenullah. “Women’s Right in Islam.” National Research and Development Foundation (2004): 25.
Shafi, Muhammad., and Askari Muhammad. Maarif-ul-Qur’ān: A Comprehensive Commentary of the Holy Qur’ān. Karachi: Maktaba Dar-ul-Uloom, 2005.
Hussain, A. The Islamic Law of Succession. Pakistan: Darussalam publications, 2005.
Maududi, Al., The Meaning of Qur’ān. Lahore: Islamic publication,2, 2003.
Rehman, Saeed. Denial of Women’s Right of Inheritance: Enhancing their Vulnerability to Domestic and Societal Violence. Multan: Awaz Foundation Pakistan, 2010.
Balchin, Cassandra. Women, Law and Society. Lahore: Shirkat Gah, 1996.
Leila, Ahmed. Women and Gender in Islam. New Haven: Yale University Press, 1992.
Mehdi, Rubya. Gender and Property Law in Pakistan. Lahore: Vanguard books, 2002.