• Research/Scholar Paper name – Property Rights of Women under Muslim Law
  • Author: Aarushi Tomar
  • Institution: Symbiosis Law School, Hyderabad
  • Affiliation: Centre for Study of Contemporary Legal Issues
  • Date of Publication: 05/04/2022

Abstract:

The rights of the “Indian Muslim Women” have been evolving for decades with the continuing struggle. From time immemorial the rights of women in relation to property have been fewer in comparison to males.[1] Due to the reason un-codified Muslim personal laws the women are put in a more disadvantageous position, there is a sense of un-clarity in the law which makes it open to interpretation which might deprive women of their rights. Taking into consideration women’s rights Quran is recognized to be the most progressive in granting women rights. It states that the criteria of distribution of rights amongst the men and women of the society should be the principle of equality and the legislation that is the main source of rights should also be governed by the same principle. But, these legislations as introduced by religious heads or the government cannot be considered to be the end itself rather they should be considered as the means to achieve the goal of justice.

Therefore, the researcher aims to understand and address the issues related to property rights of women specifically under Muslim Law, and put forth the concept of sharers with respect to the right to property of a widow, mother, daughter, and sister of the deceased. It is also important to develop an understanding of the property rights being granted to Muslim women in India and critically analyze the discriminative aspects of the law.

Property Rights of Women under Muslim Law

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