A study on the rights of women regarding inheritance under Mohammedan law

Points to focus for the paper

Introduction
Inheritance under muslim law
Body
Inheritance rights of women in the acient socities and practises , positions
Right of women to inherit property under the quran and position of women to
inherit property
Rights of wife, daughter, mother,divorced women, widow,grandmother, sister
Barriers to muslim womens right to inheritance
Conclusion
Abstract
This study explores the inheritance rights granted to women under Islamic law,
also known as Mohammedan law. This study will begin to understand the
inheritance law under the Mohammedan law and will continue to focus on the
rights of the women to inherit a property. The research will analyze the
concept of inheritance in the ancient societies and how Islam reformed
inheritance practices. It also aims to focus on Muslim women’s rights in
inheritance in the Quran and what position the women hold. It will also focus
on the right of a wife , daughter, mother, divorced women. It also aims to study
the Barriers to muslim women’s right to inheritance.

Hypothesis
Inheritance of property by women fosters economic independence of the
women.

Research questions

1. What was the position of women in the ancient Islamic society ?

2. What is the rights of women to inherit under the Quran?

3. What are the barriers to muslim women's rights to inheritance?

Scope of research

This study will begin to explore the inheritance law under the Mohammedan
law and will continue to explore and study further on the rights of women
regarding inheritance. It will begin to study the ancient Islamic society and
what was the position and rights of the women then and how has it evolved.

It also aims to study the rights of women regarding inheritance and what
powers they have under the Quran. It also aims to study how much women
inherit than men.

Lastly it will also focus on the various barriers to muslim women's right to
inheritance of a property.

Methodology

This study is based on a Doctrinal research.

Primary source:- muslim laws, verses from the Quran

Secondary sources:- research articles

Introduction

(Inheritance under Muslim law)

Inheritance is an important branch of Muslim family law. The concept of
Inheritance of property, in particular, is stated clearly in the Holy Quran and
Hadith. There is a statement attributed to the prophet(s) to the extent that the
law of Inheritance is said to constitute half of the knowledge. According to this
law, a person can earn property as much as he can throughout his life. In
contrast, the death of that person puts an end to his possession of that
concerned property, and it causes a transfer of most of his rights to those who
are called his legal heirs and representatives. This concept of Inheritance sheds
light on the fact that Inheritance of property in Muslim law comes only after
the death of that person. The doctrine of birthright over the property is not
applicable here, and therefore, any child born into a Muslim family does not
have birthright over his father’s property, and the power of his father in order
to alienate the property is not restricted. Legal heirs of predeceased get right
over the concerned property only if they are alive, even after the death of the
person whose estate is to be divided. It is noteworthy that no one other than a
Muslim can succeed in the estate of another Muslim. So, to be a Muslim is an
essential part to be followed to the property of pre-deceased Muslims.
Therefore, if a Muslim whose children converted to any religion other than
Islam, on his death, his property will not pass on to his children as they
embrace other religions. Still, his property will be devolved among other legal
heirs.

The concept of inheritance is rooted in the Islamic or Quranic principles

enumerated by the Prophet. Islamic laws do not recognise joint tenancy, and
the heirs are tenants-in-common, i.e., they can only seek to inherit the shares
of the property that is held in common. In the case of Abdul Raheem v. Land
Acquisition Officer (1989), the court remarked that Muslims do not follow or
recognise the joint family system in matters of inheritance, and after the death
of a Muslim person, the rights, title, and interest he held in his estate cease to
exist and stand vested in others. However, inheritance is not guaranteed to
every child that is born into the family, i.e inheritance is not at all a birth-right
under Muslim law. An heir- apparent must survive the deceased to claim an
inheritance. A child in the womb of its mother is also competent to inherit,
provided it is born alive. If the child is stillborn, it will be treated as though it
never existed, and thus the interest in the share of property that was vested in
the child is stripped off. Under Islamic laws, male and female heirs alike have
the right to inherit property. Near female heirs or cognates are recognised in
the class of heirs. However, the females get only half of the quantum shares
allotted to their male counterparts, since under the Islamic system, females
will go on to receive more wealth through mehr and the maintenance provided
by their husbands, while males only have inheritance, which contributes to
their duty of maintaining their wife and children. Nevertheless, in a marital
setting, the husband and wife are equally entitled to inheritance from their
spouse. A widow is also included in the scheme of inheritance. A widow who
has children or grandchildren is given 1/8 of the property of her deceased
husband, and if she is childless, she gets 1/4 of his property. However, if a
woman marries a Muslim man during his illness, which subsequently became
the reason for his death, and the marriage has not been consummated for that
reason, then as a widow, she would not have the right to inheritance. But if
her husband divorced her before dying of illness, then her right to inheritance
continues until she remarries. The Islamic laws also give priority to the
ascendants of the deceased over the descendants in the scheme of inheritance
by making them the immediate heirs or the first-in-line to
inheritance. However, there is divergence in the application of Quranic
principles between the divided sects of Sunni and Shia Muslims, creating
slightly different rules of inheritance – the Sunni law of inheritance and the
Shia law of inheritance.
 A. Hanafi (Sunni) Law of Inheritance

Hanafi law of inheritance only focuses on relatives who have descended from a
male member who may be about the deceased person. Each heir holds the
property separately, holding a definite share in the estate. The Sunni law
classifies the heirs of the inheritance into three groups:

1.Quota Heirs beneficiaries

They take an assigned share of the state and most are first in line. Includes
daughters, parents, grandparents, spouses, brothers, sisters, etc.

2.Residuary:

Inherit property after the shares have been distributed in Quota-heirs. They
include both male and female members of the family which may be in the
second line of the bloodline.

3.When a person has no direct relatives, the property goes to the state.

B. Shia Law of inheritance

The Shia Law divides heirs into two groups - by blood relations (consanguinity)
and by marriage (affinity). The heirs by consanguinity are also termed heirs by
Nasab, while the heirs by affinity are heirs by Sabab. Based on blood relations a
further classification is drawn into three classes. Here the first shall exclude the
second from inheritance and the second exclude the third.

I- Parents, Children and other lineal descendants

II- Grandparents, Brothers and sisters and their descendants

III- Paternal, and maternal, uncles and aunts, and their children
Muslim women’s right to inheritance in ancient societies

In the Islamic region, the era preceding the Prophet Muhammad’s revelation of
the Quran is known as Jahiliyyah. During this time, infant daughters were
slaughtered for fear of inheriting a share of the family’s wealth. They would
also be seen as a source of disgrace for their family’s reputation in societal
structure. Women were not regarded as heirs to their parents’ estate
throughout the Jahiliyyah (ignorance) period. Women and children in the
Arabian Peninsula were not permitted to retrieve any inheritance bestowed by
their parents before the arrival of Islam, as per Qatdah (companion of Prophet
Muhammad). It was usual at the period that only those who could ride horses
and demonstrate heroism on the battlefield would be eligible for inheritance.
In the period of Jahiliyyah, ancient communities, and all other religions except
Muslims, there was no tradition of transferring an inheritance to females.
When we look at the social-economic traditions and patriarchal social systems
of ancient civilizations, we can see that there is no thorough rule regarding
women’s inheritance along with their brothers after their parents pass away. In
most ancient civilisations, women were regarded as subordinate to men in the
household and social levels. Women were thought to be the gateways of evil
via which Satan could enter the human body and render God’s law void.

In Jāhiliyyah (ignorance) era, the newborn daughters were killed because of

fear that they would take part of the inheritance. They would also be
considered as being the cause of shame for their family honor in the society.
As Allah (SWT) mentions in the Qur’an about above these incidents: And do
not kill your children for fear of poverty. We shall provide for them as well as
for you. Surely, the killing of them is great sin (Sūrah al-Isrāʼ 17: 31; Al-Hilali, &
Khan, 1434 H). And when the news of (the birth of) a female (child) is brought
to any of them, his face becomes dark, and he is filled with inward grief!. He
hides himself from the people because of the evil of that whereof he has been
informed. Shall he keep her with dishonour or bury her in the earth? Certainly,
evil is their decision.( Sūrah al-Nahl, 16: 58-59, Al-Hilali, & Khan, 1434 H). In
Jāhiliyyah (ignorance) era women were not considered as heirs for inheritance
left by their parents. According to Qatādah (R.A), before the advent of Islam,
women and children in the Arabian Peninsula were not allowed to receive any
inheritance left by their parents (Al-Zamakhsharī, 1407 H, vol. 1, p. 476). During
that time, it was a customary tradition that only those who can ride horses and
show their bravery in the battleground will be considered for inheritance
(Hussain, 1987, p. 533).

However, there was no practice in giving inheritance to women’s in the era of

Jāhiliyyah (ignorance) and the ancient societies and all the other religions
except Islam. Studying the ancient societies’ socio-cultural tradition and
patriarchal social system, we would find that there is no comprehensive law for
woman’s inheritance along with their brother’s after the demise of their
parents. Most of the ancient societies considered woman as subordinate to
man in family and in society. Status of women in In Greek society considered as
second-class citizens and they were subject to men as inferior (Che, J. 2017).
Women’s job in the family is to taking care of the household tasks and follow
the husbands order (Gabriel, K. A, 2016). In ancient societies women were not
considered as a shareholder of inheritance along with their male relatives after
the demise of their parents. There are many examples can be found in
different religions in this regard, for example, in Judaism, women are not
considered for inheritance, whether they are a daughter, mother or wife. This
law exists in the book of “Ashah”, the book of Genesis Chapter 21 (Tobi, 1994;
Al-Rafāʻī, 1976). They also believe that women are the doors of evil by which
Satan can enter the human body and invalid the law of God (Khan, 2012, p.
123). In addition, in Babylon traditions and social system, women were not
considered for any inheritance left by her parents. She was only considered for
inheritance wealth if there were no men in her family (Muskani, n.d, p. 97).
Moreover, women in Mesopotamia considered as property like other property
(Stephenson, 1988). In addition, women are mentioned as a curse in their holy
book of “Torah” (Al-Muqaddas, Safar al-Jāmiʻah, al-Ishāh, 7: 26; Kayyāl, 1981,
p. 46).

Muslim women’s rights in inheritance in the Quran

Following the introduction of Islam, it was decreed that no one, whether male
or female, feeble or powerful, ill or well, abandoned or legally adopted, should
be denied inheritance after their parents passed away. In Surah al-Nisa verses
7 and 33 of the Qur’an, the means of distributing inherited money is
mentioned. It has provided a comprehensive guideline about the rights of
inheritance of property among the generations and how it would be allocated
as per Qur’anic procedures in verses 11 and 12 of Surah al-Nisa. Furthermore,
these two verses not only embrace and safeguard women’s rights but also
explain the inheritance transfer procedures for both men and women. It is vital
to note that the revelation of the verses listed above took place during the
Jahiliyyah period, which was a pre-Islamic period in which women had no
privileges to inherit after their father, brother, or husband died. According to
Imam al-Tabari’s work Tafsir, during the Jahiliyyah era, women and children
were not allowed to inherit anything. To overcome this oppression, the Qur’an
states that as a daughter, wife, and mother, women are entitled to a share of
the inheritance, as stipulated in Surah al-Nisa, verses 11-12.

There is a widespread misunderstanding, especially in the Islamic community,

that men receive a greater share of inheritance than women do. As a result,
when it comes to inheritance, women are deemed inferior to their male
counterparts. Therefore, there is a concept known as nafaqah (monetary
spending) that a man must sustain for his spouse and kids. It comprises of
food, clothing, a home, and other necessities for the wife and kids future. In
addition, at the marriage ceremony, men are responsible for paying Mehar as
a dowry present to the bride. He is also accountable for looking after himself,
his wife, children, ageing parents, and close relatives depending on his
competence. According to the analysis above, obtaining a double portion of
inheritance compared to women does not confer any additional benefits on
males, nor does it imply that men are superior to women in terms of inheriting
more. It is believed that a man’s stake is twofold that of a woman’s because
men have certain responsibilities as family caretakers, which have already
been addressed. Nonetheless, as per Islamic inheritance laws, a man does not
always obtain a double portion of an inheritance as a woman. Instead, in some
circumstances, women are given more inheritance than their male
counterparts. There are other instances in this respect; however, the present
article merely emphasizes a handful. In the case of a deceased individual who
left a daughter, wife, father, and mother, the daughter will receive half of the
whole inheritance. The wife will receive one-eighth, while the father and
mother will each receive one-sixth. In this situation, the daughter receives a
larger portion than the father, who is a man. ii) If the deceased left a daughter
and a husband, the daughter receives half of the whole property, while the
husband receives just a quarter. As a result, in this case, women obtain a larger
share of the inheritance than their male counterparts do. A man and a woman
obtain an equitable distribution in another scenario. For instance, if the person
who died left only maternal brothers and sisters, both will obtain an equitable
distribution of the sixth, and if there are more than two, they will end up
sharing a third after the deceased’s bequeathable and liabilities are paid.

Nonetheless, the Qur’an and Prophetic practices make it abundantly clear that
a woman’s financial support is her husband’s responsibility, even if she has a
substantial sum and is capable of looking after herself. She has the right to
demand that her husband provides for her financial requirements, and he is
obligated to do so. While I was studying the post jahillayah period, I found out
how men receive a greater share of inheritance than women do, as a result,
when it comes to inheritance, women are deemed inferior to their male
counterparts. While analyzing different scholars, the logical explanation behind
giving man the greater share was that, since upon marriage a woman receives
MEHR, which is a pre-decided amount of money or kind, which she is entitled
to receive compulsorily, either after marriage or after divorce. In all the cases
above, it can be observed that women are on the receiving end when they
fulfil the role of a daughter, wife and mother, whereas men are at the giving
end while fulfilling the role of husband and father.

Upon first glance the Qur’anic text revealed does not seem to decree fairness
or repair woman’s status quo. Especially when Qur’an says blatantly that the
share of males is twice of that to the female—seems that Islam made little
progress in regards to women’s share in inheritance! Upon closer investigation
one finds the reasoning. The two to one ratio is because a woman is entitled to
mahr (Arabic: dower), and maintenance from the man she marries and is free
from defense of the community. This is because the husband’s responsibilities
in a marriage are far more than a woman’s especially in regards to financial
matters. Therefore a woman’s inheritance in Islam being half of a male is
recompensed elsewhere; this is known as the law of recompense.24 The texts
of the Qur’an are plain in regards to women receiving their share. “To (benefit)
every one, God has appointed shares and heirs to property left by parents and
relatives. To those, also, to whom your right hand was pledged, give their due
portion.”25 This is revolutionary considering Hindu and Zoroastrian law did not
recognize woman as a capable, independent individual or even part of the
family since she did not inherit from her father or husband.26

Rights of wife, daughter, mother, divorced women, other female relatives ,

widows, grandmother, sister
Specific rules of inheritance
Muslim women can inherit property as an agnate or as a Qur’anic heir. Women
can inherit in several capacities, however the wives, daughters and the
mothers have been provided with an unmeasured right of succession. This
means that their right cannot be excluded by any relative.18
A) Wives
In accordance with the Qur’an, the wives get one-fourth of the deceased’s
assets if there are no children and one-eight of the deceased’s assets if there
are children.19 Thus, her share is dependent upon the existence of a
descendant. This has been recognized by both Sunni and Shia laws. If there is
more then one wife, then the assets will be equally divided amongst them. A
divergence occurs in the case of a daughter’s child. Here, the widow’s share will
be reduced to one-eight under Shia law but will not be reduced under Sunni
law. In both laws, the widow’s share tends to decrease in the case of a son’s
child. As mentioned earlier, this portion is fixed and cannot be reduced by any
other relative. Islamic law of Inheritance specifies the share of the widow from
the deceased’s property as per status as an heir. She is entitled to one-fourth of
the share when the deceased had not left any heirs who caused the reduction
of her claim, such as the children of the dead husband. If the deceased had left
behind children, then the widow’s share shall be reduced, and she is entitled to
a one-eighth share from the deceased’s property.
B) Daughters
The Qur’an specifies that a daughter has a share in the property of her parents
and those closely related to her.21 A daughter is considered to be a primary
heir under both the Shia and Sunni laws. According the Quran, the share of a
daughter depends on whether her parents were survived by sons or daughters.
In the case of sons and daughters, each daughter gets one-half of a son’s share.
If the deceased only had daughters, then the surviving daughters share two-
thirds of assets amongst themselves. If the deceased had only one daughter,
then she receives one-half of the estate.22 The share of the daughter is
reduced if the shares allotted to the Qur’anic heirs exceeds unity. The share of
the daughter can also be increased if the shares allotted to the Qur’anic heirs
does not use up the estate. According to the law of inheritance under muslim
law, men and women are treated equally and none receives preferential
treatment. Men, however, own twice as much property as women do. Whereas
the daughter is the sole owner of any inherited property. She is legally entitled
to handle, manage, control and dispose of it whenever she pleases. The
consensus is that women receive Mehr after marriage (money or possession
given by the groom during the marriage). Her share is divided in half because
her brother is entirely dependent on the ancestral property and she is
supported by the husband as well. Also, she is qualified to receive presents
from those she would inherit from. This is paradoxical because women can only
inherit a third of the man's portion but can easily accept presents. A daughter
has the right to live at her parent's home and seek maintenance while she is
still unmarried. In case of divorce, after the iddat period, or around three
months, is finished, the responsibility for maintenance reverts to her parent's
family. Also, it is her children's responsibility, if they can so afford, to support
her. Muslim law does not create any distinction line between the rights of sons
and daughters. But it is generally found that the quantum of the share of a
daughter is half of that of the son. In the case of one daughter, she is entitled
to inherit half of the property whether other legal heirs are there or not, as
long as not have a son parallel to her. In the case of a son similar to her, he
makes her residuary, and she gets half of that of what his share is. If they have
more than one daughter, they jointly are entitled to two-thirds of the property
in the absence of a son parallel to them.

C) Mothers
According to the Qur’an, if the deceased individual has children, then the
mother will receive one-sixth of the share. However, if the deceased does not
have any children, then the mother shall receive one-third of that share. If the
individual had any siblings, then she shall receive one- sixth of that share.24
This has been interpreted differently by both the Shias and the Sunnis. Under
Shia law, the mother receives one-sixth of the property in the presence of a
lineal descendent. This includes the children of the daughter as well. She is also
restricted when there are four sisters or two brothers and one sister or one
brother. This does not happen in the case of Shia law where in only the children
or the son’s children are considered. In cases where there aren’t any siblings or
children, the Qur’an enables the mother to take a larger share then the father
of the deceased individual. A Muslim mother has the right to inherit from her
independent offspring. If her son (deceased) is also a father, she is entitled to
inherit one-sixth of the estate of her deceased kid. She would receive the third
portion if she didn't have any grandchildren. Also, if a mother inherits property
from any relative, she takes full ownership of her portion and is free to do with
it as she pleases. If her spouse is the only heir, she may leave two-thirds of her
estate in her will, but she may not give away more than one-third of it. In the
Muslim law of Inheritance, the mother is entitled to get a specific share of the
deceased’s property depending upon some circumstances. There are three
shared patterns in the matter of her obtaining property. She is entitled to a
one-sixth share of the property in case of being the son(s)/daughter(s)/ full or
consanguine or uterine brother(s)/ sister(s), and in case of the absence of
aforementioned persons, she is entitled to inherit the one-third share of the
property.The Sunni schools observe that the Mother is also entitled to inherit
one-third of the remainder. If the father and one of the spouses are present
along with the mother, the spouse will take their respective share, and the
mother will take one-third of what remains after the spouse has taken their
share.
D) Other Female Relatives
Both Paternal and Maternal grandmothers are considered to be the substitute
heirs of the mother. They inherit the assets in her absence and are entitled to
her share. This includes a higher ancestor as well but a grandmother who is
closer in relationship with the deceased will get the share. Agnatic
Granddaughters are considered to be the substitute heirs of the daughters and
occupy a very peculiar position in Muslim inheritance law. Sunni law states that
a son’s daughter can inherit property both as a Qur’anic heir and a residuary. In
the case of no surviving children and close son’s children, she is given one-half
of the estate.26 If there is a daughter, she is given one-sixth of the estate.
Under both the laws a sister’s inheritance depends on whether the deceased
and her are uterine, consanguine or germane siblings. In the absence of
brothers, a sister is a Qur’anic heir where as in the presence of her brother she
is a residuary heir
E) Right of Grandmother
Only true grandmothers can be considered as heirs of the deceased’s property.
True grandmother means a female ancestor between whom and the dead. No
grandfather intervenes. In case of the intervention of a grandfather among
them, then they are said to be false grandmothers. As a result, they will not be
capable of inheriting the property, which is subject to division among the heirs.
The category of grandmother is entitled to a one-sixth share of total property,
as per status as heir. In cases where the mother of the deceased is absent at
the time of death, then the nearest maternal grandmother is entitled to inherit
one-sixth as an heir. The presence of a father will not exclude the maternal
grandmother from being an heir. But the closest maternal grandmother bans
the distant maternal as well as paternal grandmothers. In cases where both
father and mother are no more, then the paternal grandmother is entitled to
inherit one-sixth. If there are two or more grandmothers of the deceased
(maternal and paternal), then all of them jointly inherit one-sixth part of the
property.

F) widow
Under the Hanafi School of thought under the Sunni Law the widow in the
presence of a child of the deceased or the descendant of a son, she will receive
1/8th of the property of the deceased and in absence of a child 1/4th of the
property will be inherited by the widow. In the case the deceased had more
than one wife then the property will be shared by the widows together. Under
Shia Law the wife of the deceased will not be entitled to “Return” and if the
widow is childless then she also will not be entitled to the right to inherit or
have a share in the property of her husband. One of the profound writers,
Mulla has stated about the legal position of a childless widows and said that: “A
childless widow can take no share in the property of her husband, but she is
entitled to 1/4th of the share in the value of trees and buildings, as well as the
movable property that includes debts due to him though they may be secured
by usufructuary mortgage or otherwise.”31 Whereas under the Sunni Law if
the widow is childless, then she will have to face certain disabilities in regards
to right to property in the land of her husband. In the words of Baillie32: “If the
wife of the decease has a child then she has all the rights to inherit the
property that he had left: in case there is no child she can nothing out of the
land of the deceased, but she will be entitled to the share of the value for the
household and the building. While Moortuza expressed a different opinion,
that the value of the land should be taken into consideration and her share
should be duly granted to her. But the first opinion is that which appears to be
the best founded on the grounds of traditionnal authority.”
G) SISTER
Specifically under the Sunni Law a full sister would get half of the share of the
heritable property if she is the only sister in the family and if there are more
than one sisters they may together get 2/3rd of the property. But, this right of a
sister can only be exercised in the absence of children, father, full brother and
the grandfather of the deceased. But taking into account the patriarchal view
of the society the law has been molded, if there is a brother then the right to
property of the sister is restricted and she would only get half of the inherited
property of the brother. The presence of a consanguine sister also affects the
right to inherit the property of the full sister. Although the presence of a full
sister does not affect the right of a consanguine sister, she will get 1/6th of the
property of the deceased. If there is a consanguine brother in the family, then
the consanguine sister will only receive half of the share of the brother.44
Whereas under the Shia law the some rules have been enumerated such as if
the person has a brother, parents or children then a sister won’t be considered
as a sharer, but in the absence of them she may take half of the property to be
inherited.45 Following are enumerated certain rules that are needed to be
followed while giving the right to inherit the property to sisters: i. In case there
is no brother, father, grandfather or any children then the full-sister is entitled
to half of the property of the deceased. ii. In the presence of a brother,
restrictions are imposed upon the rights of the sister and she will inherit half of
the property from the share of the brother. iii. A consanguine sister has a
similar right as to the full-sister if she is the only sister, i.e. she will get ½ of the
property, but in the presence of a consanguine brother, the property right is
reduced to half of the share that the consanguine brother may inherit. iv.
Uterine brothers as well as sisters also have the right to claim the property
under Muslim Law and they cannot be excluded merely due to the presence of
the full- brother and sister or consanguine brother and sister. If there is only
one uterine brother or sister, he/she may inherit 1/6th of the property of the
deceased but in presence of more than one they will only be entitled to 1/3rd
of the whole property together.
Barriers to muslim women’s right to inheritance
Old standards and patriarchal social systems determine women’s standing and
role in every community, where women are ignored and regarded as
submissive to males. It is a typical occurrence in Muslim families for women to
be denied their liberties, notably when the subject of inheritance allocation
among the deceased’s heirs arises. However, there are a number of barriers
that prevent women from obtaining bequests in the family with their male
family members, some of which are listed below.
1. Socio-Cultural Traditions: The socio-cultural heritage has had a
detrimental effect on the growth of women empowerment in our
present day, in every aspect of their lives, especially in the domains of
attaining inherited property ownership, as past has shown for ages. In
today’s Islamic communities, a similar belief persists that women do not
have the right to inherit property and dispose of it accordingly to their
inclinations. After the death of their parents, many women do not get
their share. Women are often intimidated and emotionally manipulated
into handing over their property to their siblings. Traditional customs
and socio-cultural systems discourage women from inheriting property.
Even in certain cultures, it is considered shameful for women to inquire
about their inheriting property from their brothers unless they have
been awarded it.
2. Prejudice against Women: Prejudice against females is a daily
occurrence around the world in many aspects of their lives, and the
Islamic community is no exception. Regardless of the fact that it is the
twenty-first century, the socio-cultural heritage in Islamic communities is
not in support of women. In terms of parenting, boys frequently exhibit
additional attention and preference to boys over girls. This inclination
exists irrespective of the family’s social standing, as it is widely
recognized in society, both in wealthy and poor households. Women, on
 the other hand, must be free of any form of abuse or societal
discrimination based on their gender, according to Islam. Islam forbids
any form of gender inequality in the social lives of males and females. It
indicates that Islam forbids prejudice between males and females, as
well as between girls and boys. In a household and in a social structure,
both boys and girls should be regarded appropriately.
3. Lack of Religious Awareness: Ignorance of religious knowledge is
another key factor that prevents women from inheriting once their
parents pass away. It prevents vulnerable women from inheriting from
their families. Nonetheless, some Muslim nations, such as Turkey and
Tunisia, are attempting to provide women with equivalent rights in
inheritance matters, but they are failing because they do not
comprehend the Shariah in the application and in relation to the
essential rights of women guaranteed by Islam. Oftentimes, the Islamic
community takes action to encourage women without fully
comprehending Islamic principles and beliefs. However, women’s
positions and status are steadily changing around the globe, especially in
Muslim countries, yet this is not in accordance with Islamic beliefs and
values.