Tuesday, 24 April 2012

Advocacy for the Better Implementation of Inheritance under Islamic Law

The inheritance rights of Moslem women are as laid down in the Quran with the injunction that on no account should daughters, wives, and mothers be excluded.

The ratio is as follows:

• Daughters: ½ the share of male children
• Only daughter: ½ the estate
• Widow: ¼ of husband’s estate
• Mother and grandmother

Where there is land it is usually partitioned so that all those entitled get their quota. The only disturbing aspect is that the share of the female is usually half of what the male gets. This is discriminatory but is better than the customary practices whereby women inherit nothing at all.

Some of these discriminatory practices in the inheritance by women can be avoided if the deceased makes a will. A muslim Man or a Man married under the customary laws can make wills which will be implemented and overrides the customary and Islamic practices. Men are to be encouraged to make wills for the protection of the inheritance rights of women.

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