Rights muslim woman property

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islamic divorce women's rights, islamic law for property distribution, Rights of a Muslim Woman in the Property Srishti Chandola April 18, 2018

Real Estate

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Each religion practiced in the country is governed by its respective personal laws which basically include property rights. The Muslims in the country, however, don’t have ordered property rights and are largely governed by two schools of Muslim personal law- the Shia and the Hanafi. While Shia school favors no discrimination. The Hanafi school, on the other hand, recognizes the relatives as heirs whole relation to deceased is through the male. This basically means that the heirs are related to decreased through females are also accepted.

The requirement to re-examine Muslim personal law In the present development, the litigation of the public interest has been clearly filed asking for the amendment in Muslim personal law on inheritance which alleges that Muslim women are discriminated on issues in relation to sharing property in comparison to the male counterparts.

The petition claims that bare perusal of law shows that the wife should receive 1/8th of the property of her husband on death if they have kids. In case, there are no kids born out of the marriage, she is entitled to the 1/4th property. The daughter will receive half of the son’s share. In case, there are no kids born out of marriage, he is entitled to the half of the property. The daughter is entitled to receive half of the share of the son. In contrast, the men get 1/4th of the property of the wife on death if they have kids. In case, there are no kids that are born out of marriage, he is entitled to the half property. The son receives a double share of a daughter.

Furthermore, the petition states that discrimination based on the customary laws and statutory law violated the Muslim women’s fundamental rights to the equality enshrined under Articles 14, 19 21 as well as other relevant provisions of the Constitution. The plea certainly contended that Article 13 of Constitution include personal laws which include the Muslim personal laws.

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Now, Delhi High Court has sought the response of the center on PIL filed.

Here are a few guidelines of inheritance for women under Muslim personal lawProperty rights of a daughter in Islam Under Muslim law, rules of the inheritance are pretty strict. The son takes a double share of the daughter, whereas the daughter is complete owner of whatever the property she inherits. If there isn’t a brother, she gets half of the share. Legally, it is hers to manage, control as well as to dispose off as and when she wants.

Also, she is eligible to get the gifts from those she would inherit from. This is certainly contradictory as she can inherit just one-third of the share of the man but can get the gifts without any hassle.

Till the daughter is not married, she enjoys the right to stay in the parent’s house and seek maintenance. In case of the divorce, charges for maintenance reverts to the parental family after iddat period is over. If the kids are in a position to support her, responsibility does fall on them.

Property rights of a wife in Islam If the husband dies, the widow gets a 1/8th share in case there are kids but get a 1/4th share if there are no children. If there is more than one wife, the property share may come down to 1/16th.

Property rights of a mother in Islam A Muslim mother is entitled to receive from her kids if they are independent. She is eligible to get 1/6th of her dead kid’s property if the son is a father as well. In absence of the grandchildren, she would definitely get a 1/3rd share.

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What more?

There are other provisions as well in the law which ensures the financial security of the Muslim woman.

The Maher under Islamic law Maher is the property or the total money that the wife is entitled to get from her husband at the time of the marriage. It is basically of 2 types- prompt and deferred. In the former case, the amount is provided to wife immediately after the wedding whereas in the latter, the amount is provided to the wife when the marriage is ended or either upon the death of the husband.

The will under Islamic law A Muslim can’t provide more than 1/3rd of his/her complete property through the will. In circumstances where there are no heirs in the estate as it is prescribed by the law, the wife may get the greater amount by the will.

The gift under Islamic law Under Muslim law, any property type may be provided as the gift. For the gift to be valid, a declaration of a wish to make the gift should be made which should be accepted by the receiver.

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