AN ANALYSIS OF THE PROPERTY RIGHTS OF THE MUSLIM WOMEN UNDER

ISLAMIC LAW

SUBMITTED BY: SUBMITTED TO:

NAME: EKTA RAI DR. SANGITA LAHA

SEM: 4th, SEC: B ASSOCIATE PROFESSOR, LAW

ROLL NO.: 804 NUSRL, RANCHI

NATIONAL UNIVERSITY OF STUDY AND RESEARCH IN LAW, RANCHI.

AT NAGRI, P.O. - BUKRU, KANKE-PITHORIA ROAD, KANKE,

RANCHI-834006(JHARKHAND).
INTRODUCTION:

Muslim women rights have been a topic of discussion ever since the Constitution came into
force in 1950. Islamic law (Shariah) is considered by many as patriarchal and oppressive to
women. However the Quran has addressed women’s issues fourteen hundred years ago by
creating some reforms to improve the status of women though these reforms do not seem to be
practiced in Muslim society today. Though Islam as revealed to the prophet Mohammed is not
oppressive to women its interpretation enacted in the family law, and everyday living is
patriarchal.

India is a multicultural and multi religious society and its citizens are given an opportunity for
their complete development irrespective of their sex, caste, religion or race by ensuring the
various fundamental rights in part III of the constitution. In spite of constitutional assurances,
the status of Muslim women has not improved because of the religious ordain with its
conservative approach. The Muslim women could not benefit from the various welfare
legislations since they are still governed by their own Islamic laws.1

The courts have also upheld the validity of many special provisions favouring the interests of
women. However in the case of Muslim women the law is to be first tested on the touchstone
of Muslim personal law. So there are child marriages, unilateral divorce (Talaq) and polygamy
in the Muslim community. The Muslim women get maintenance only up to the iddat period
and they are excluded from the purview of Section 125 of Crpc2. Therefore the Muslim women
get neither the protection from the State nor are they safeguarded by their own highly
patriarchal personal law.

Right to property is well recognized as an important instrument of freedom and development

of human beings in general and women in particular throughout the world. It is not merely a
symbol of a dignified living but also significantly affects the life-style of the individual
concerned as well as the society as a whole. Presently, no one can deny the fact that in law
women are equal to men, not only in enjoying the property right, but also in all walks of life.
But, one can also not deny the fact that in reality, apart from a few exception of the elite class,
the women’s right to property is still a long lasting dream in the Indian society.

1
Dr.A.K.Srivastava “Muslim Personal Law and Rights of Muslim women, A Sociolegal Study” Vol.3.SCJ.18
(2007).
2
Alka Singh, Women in Muslim Personal Law, 1(Rawat Publications New Delhi 1992).

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As the succession matters are governed by personal laws and India is known for the multiplicity
of personnel laws, hence succession laws are diverse in their nature, owing to their varied
origins. In India the succession laws can be broadly classified into two groups. The first set of
laws is religion based and is ancient in time. These laws have either their roots in their
respective religion or deeply influenced by them. The other set of laws are passed by various
legislative bodies. The former category consist of Muslim law, Paris law and Hindu law as it
stood before the intervention of legislature, while later refers to the Indian Succession Act,
1925 and Hindu Succession Act, 1956.

The notable difference between these two groups of laws was that wherein the latter group of
law, respectable position is attributed to women in comparison with men, the former groups of
laws were unanimous in relegating women to background with respect to inheritance and other
rights3. An analysis of these religion based succession laws show that they stem from a
fundamental desire to secure and keep control over property in the hands of men and to assert
the superiority of one gender over the other. In the present paper, the researcher would try to
study the property rights of Muslim women prevalent in India.

REVIEW OF LITERATURE:

In her research paper, “Women’s position in Islamic Succession Law” (2014), Aishwaria Iyer
discussed the Islamic succession law for women and elaborated the causes for exclusion of
women from inheritance but failed to find out the objectives behind such exclusion. At the
same time she dealt with many modern case laws on succession laws of Muslim women under
Islam in India.

In her research paper, “Rights of Women: An Analysis of Indian Muslim Personal Law”
(2015), Anita Yadav attempts to analyse the on-going debate on the implications of Muslim
Personal Law in India and suggests various solution to empower Muslim women. She
suggested that certain anomalies need to eradicate by giving a true essence of Holy Quaran for
the benefit of the Muslim women’s rights but at the same time she fails to give any solution
regarding this in her paper. Moreover the focus of this research paper is on certain areas of
reform in Muslim personal law like Polygamy, divorce, maintenance after the divorce, etc.

3
Poonam Pardhan Sexana, Property Rights of Women under the Indian Succession Act, 1925 in Dr. Shamsuddin
Shams (ed) Women Law and Social Change, Ashish Publishing House, (1991), p. 103104.

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In their research paper, “A critical Analysis of Gender Inequality in the existing Legislation
relating to Property Rights in India: A comparative study of Hindu and Muslim Law” (2014),
Anchit Bhandari and Urvashi Jaswani made a critical comparison of property rights of women
under Hindu law and Muslim law but failed to suggest any measure for making womens
property rights under Islam at par with that under Hindu law.

RESEARCH OBJECTIVES:

 To study the status of Muslim women under Islamic Law.

 To explore the processes of inheritance and succession under Islamic Law for women.
 To compare the property rights of Muslim women with that of Hindu women.

RESEARCH QUESTIONS:

 What is the status of Muslim women under Islamic Law?

 What are the processes of inheritance and succession under Islamic Law for women?
 Whether the property rights of Muslim women is comparable with that of Hindu
women?

RESEARCH HYPOTHESIS:

 More the focus on the customary practices poor the status of women under Islamic Law.
 The law of inheritance and succession under Islamic law is pro men.
 The status of property rights of Muslim women is not as absolute and rigid as status of
Hindu women property rights.

RESEARCH METHODOLOGY:

• Universe of the study:

The universe of the study is India.

• Method of data collection:

The researcher here is using the secondary method of data collection.

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SOURCES:

SECONDARY SOURCES:

Books:

 Diwan, Paras; Muslim Law in Modern India,213 (9th edn., Allahabad Law Agency,
Allahabad, 2000)
 Banu, Afsar, Status of women in Islamic society.45 (Vol-I, Anmol Publications Pvt.
Ltd New Delhi, 2003)
 Poonam Pradhan Saxena, Family Law Lectures, Family Law II (2nd edn Lexis Nexis
Buterworths Wadhwa Nagpur, 2008)

Online Sources:

 manupatra.com
 scconline.com
 jstor.org

TENTATIVE CHAPTERIZATION:

 Introduction
 Historical Perspective
Chapter 1: Inheritance Rights of Muslim Women under the Muslim Personal Law
1.1: Origin of Islam in India
1.2: Shariat and the Property Rights of Muslim Women
1.3: Property Rights of Muslim Women under the Customary Law
Chapter 2: Rights of Daughter, Wife and Mother under Islamic Law
Chapter 3: Muslim law of Wills and Protection of Family Members
Chapter 4: Muslim Women’s Right to Mehr on Divorce
Chapter 5: Comparative study of Hindu Succession Act, 1956 and Muslim Law of
Succession
 Recommendation and Suggestions

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