*

**
Abstract

Family is a basic unit of Society which is formed by a man and

woman. Equality develops harmony and peace in a society otherwise it

meets a decline. Like other civilizations, woman in Hinduism is also

deprived of her basic rights. The position of widow is very pitable. In

early vedic age she enjoyed her rights but in following periods she

degraded and deprived of her right. In this article, property rights of

Hindu & Muslim widows are discussed.

Keywords: Hinduism, Islam, Rights of Widows, Property Rights

*

**

15
Pakistan Journal of Islamic Research Vol 16, 2015

:



:
i








:
ii

:
iii







:

iv

:

: v

16

Pakistan J

:
vi






: vii










:

viii









:
ix




























17
Pakistan Journal of Islamic Research Vol 16, 2015

18

Pakistan J

19
Pakistan Journal of Islamic Research Vol 16, 2015

(Dayabhaga)


Konkan (Mayukha)

Marumakkattayam
(Nambudri)
(Mitaksara)

Bombay School Mitaksara




(Madras School) Bararas School
(Mithila School)

Mitaksara

:
Nandita Bhatla
"The main forms of Property explored in the study were land and

house, properties that are immovable, productive assets of value.

20

Pakistan J

Interestiugly more women reported ownership of house than of

land."(24)







Bomb




































(Hindu Code Bill 1948)




(Hindu


Bill

Law Commitee)
:
The Hindu

"The m

Code Bill
house,

21
Pakistan Journal of Islamic Research Vol 16, 2015

I








:

"The Hindu Succession Amendment Act 2005, was enacted to

enlarge the rights of a daughter married and unmarried both and

to bring her at Par with a Son or any male member of a joint Hindu

family governed by the Mitakshara law."(28)

Mitakshara



:

"In this sub-section "Property" includes both movable and

inmovable property acquired by a female Hindue by inheritance or

devise or at a partition or in Lieu of maintenance or arrears of

maintenance or by gift from any person wether a relative or not,

before at or after her marriage or by her own skill or exertion or by

22

Pakistan J

purchase or by presription or in any manner what so ever and also

any such property held by her as stridhan immediately before the

commencement of this Act."(29)






















"The H

enlarge

to bring

family

"In thi

inmova

devise

mainte

before

23
Pakistan Journal of Islamic Research Vol 16, 2015

:











:


i






ii

24

Pakistan J

:























:

25
Pakistan Journal of Islamic Research Vol 16, 2015

:






:










26

Pakistan J

27
Pakistan Journal of Islamic Research Vol 16, 2015

: 1














2



3
4
5
6

28

Pakistan J

7
8
9
10




11

















CE BCE















12






13
14
15

i
16
iii

ii



:

iv


17

18

29
Pakistan Journal of Islamic Research Vol 16, 2015

(Mitaksara) 19
Y a j n a v a l k a




Vigneshwara(Jurist) Yajanavalka

Available from, lawstudyhelp.blogspot.com , Accessed on,

-June-

(Dayabhaga)
20










Available from, www.scribed.com, Accessed on, 10-July-2013

21- Available from, www.scribed.com, Accessed on, 10 July 2013

22- Ibid

23- Ibid

24- Nandita Bhatla, Property Ownership and Inheritance Rights of

Women as Social Protection, New Delhi, Population council

(N.D), P.72

25- Dr. Anjani Kant, (1947), Women and the Law, Bomboy, The

Popular Book Depot., P.349

26- Jean Dreze and Amartya Sen, (1996), India Development and

Participatio, New Delhi, Oxford University Press, P.164

27- Availabale from, www.academic.edu.com, Accessed on (20

30

Pakistan J

May 2013)
28- Ibid
29- Ibid

30- Indira Jaiprakash, (1999), Ageing in India, Geneve, World
Health organization, P.12
31


32



33






34














21-


35
22-



23-


24-
36


37


38
25-
39

40 26-

27-

31