TAMIL NADU NATIONAL LAW UNIVERSITY, TIRUCIHRAPALLI

Submitted for the internal assessment for the course of

B.A., LL.B (Hons.) – Third Semester
Academic Year: 2020-2021

Subject: Family Law II

GENDER EQUALITY UNDER THE HINDU SUCCESION ACT 1956

Course Faculty: Ms. Ammakannu Sekhar , Submitted By: Mr. Mohit Byadwal,
Assistant Professor (Law), (BA0190035)
TNNLU

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GENDER EQUALITY UNDER THE HINDU SUCCESION ACT 1956

Introduction
Article 14 of the constitution guarantees equality to all citizens of India. However, even 73 year after
independence, this seems like a far-fetched dream for many women. The supreme court’s judgement
in the case of Vineeta Sharma v Rakesh Sharma took a step towards gender equality. The court has
set the record straight on the contentious issue of coparcenary rights of daughters, which gives them
the same right to inherit ancestral property as a son and to ask for a partition of the coparcenary. At
its most basic level, gender equality is simply about ensuring that both genders have access to the
same opportunities at an economic, sociological, health-care and educational level. Men and women
face different expectations about how they should dress, behave or work. Relations between men and
women, whether in the family, the workplace or the public sphere, also reflect understandings of the
talents, characteristics and behaviour appropriate to women and to men. 
It is about the same behaviours and needs being valued, acknowledged and respected equally –
regardless of gender. Although we have come a long way in the last decades, there is still a long way
to go. At present, 1 in 5 women and girls between the ages of 15-49 have reported experiencing
physical or sexual violence by an intimate partner within a 12-month period and 49 countries
currently have no laws protecting women from domestic violence.  But the fact that gender attributes
are socially constructed means that they are also amenable to change in ways that can make a society
more just and equitable.

Review of Literature
1. BOOK: Paras Diwan and Peeyushi Diwan, Family Law (11th edn, Allahabad Law Agency
2018).
The author discusses and analyses the meaning of ‘Wakf’, it’s characteristics, formalities,
objects and subject- matters with judicial pronouncements. It talks about the types of Wakfs
and the inclusion of Family Wakfs as a valid form of wakfs. The book also enlightens the
readers regarding the rights and powers of Mutawalli and the person who are empowered to
hold such positions.

2. JOURNAL ARTICLE: A. Majid, ‘Wakf as Family Settlement among the Mohammedans’

(1908) 9(1) Journals of the Society of Comparative Legislation 122, 141.
This paper explains Wakf as a family settlement. It examines the areas of creation, the subject
matter of Wakfs and the effects of valid Wakfs. The paper also gives an historical account of
Wakfs highlighting the origin and development of Wakfs over the years through judicial
pronouncements.

3. JOURNAL ARTICLE: Shadiya Mohamed S. Baqutayan et al., ‘Waqf Between the Past and
Present’ (2018) 9(4) Mediterranean Journal of Social Sciences 149, 154.
This paper propagates a historical narrative of Waqf, highlighting the reasons for its decline
and the need for reform. The paper concludes that if Muslims have good governments that
can manage the funds are transparent, reformulates the laws governing Waqf, and design an

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 integrated network of sciences to monitor issues and problems; they can realistically revive
the practice of Waqf.

4. JOURNAL ARTICLE: Muyassar Mukhitdinova Ziyaviddinovna and Khadzhaev Khabibulla

Sagdullaevich, ‘Poverty Reduction by Islamic Waqf System’ (2020) 7(4) Journal of Critical
Reviews 68, 71.
This article deals with the analysis of poverty across the globe and gives an overview of
Wakf. Further, it explains how Wakf contributes towards the economic growth in various
ways. This article gives a solution to this problem from religious viewpoint, as the religion is
one of the drivers of humanity and economic activity.

5. JUDGMENT: Abdul Fata Md. V. Russomony Dhur, (1891) ILR 18 Cal 399. - Family Wakfs
were held invalid.

6. JUDGMENT: Ghulam Md. V. Ghulam Hussain, (1932) 34 BOMLR 510. - Privy Council
allowed for implied Wakf.

7. JUDGMENT: Abdul Sattar v. Noor Bhai, (1933) 35 BOMLR 18.- Wakfs cannot be revoked.

8. JUDGMENT: Abdul Qavi v. Ashraf Ali, AIR 1962 All 634.- Family Wakfs were held valid.

9. E-SOURCE/WEBSITE: Mufti Fahad Ahmed Qureshi, ‘Development of WAQF: A History

from Concept to Institution’ (ResearchGate, Sept. 2017)
<https://www.researchgate.net/publication/325870127_Development_of_WAQF_A_History
_from_Concept_to_Institution> accessed 26 September 2020.
This paper gives a brief introduction of the concept of wakf and explains the legitimacy of
Wakf. Further, it also analyses the Shariah status of Wakf and the shariah principles related to
Wakf. Further, it explains the principles for the Wakf contract and the management and
supervision of Wakfs. The paper gives an overall analysis of Wakf and its related concepts.

10. E-SOURCE/WEBSITE: Muhammad Shaikh, ‘Think Tank Insights: The Waqf Model and
Poverty Alleviation’ ( OnFrontiers, 4 January 2019) <https://onfrontiers.com/blog/think-tank-
insights-the-waqf-model-and-poverty-alleviation> accessed 27 September 2020.
This article gives an insight regarding the traditional and alternative Wakf models of the
Islam religion. It describes the concept and the working of an alternative wakf model, i.e.,
Cash Wakf. Moreover, it also gives an overview of Aqwaf (plural of Wakf) in action.

Research Objective
 To analyse Evolution of rights for women from history to modern era.
 To survey the role of transgender .
 To understand the psychology of the people behind the discrimination based on gender in
hindu.

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Research Problem
Wakfs or the Islamic Endowment framework aims to escalate the status of the poor people by
eradication poverty by the process of funding to the economically deprived communities. The paper
focusses on the various aspects of Wakf properties in India. Essentially, the paper aims to study and
analyse the psychology of the people behind the creation of Wakf and the psychology of the people
involved in the donation of Wakfs for the upliftment of Islam communities in India as well as across
the globe. The paper also raises the question of whether the Wakf property is donated and confined
only for the cause of Islam community and not for other religious communities? And if so, why there
is such a restriction regarding the funding of the Wakf property and can such restrictions be extended
to other communities in any circumstance.

Research Question
1. DO RIGHTS TRANSLATE IN TO GENDER-EQUAL RIGHTS?
2.
Research Methodology
The methodology followed by the researcher while researching upon the project is pre-dominantly
doctrinal in nature. The research method is analytical and descriptive. This project has been done by
the method of critical reading of various books, journals, articles, statutes etc, using second hand
sources of information. The study is qualitative. The researcher reviews literature and provides
descriptive content presenting its main idea. The research is based on the analysis of the concept of
Wakf in Islam communities. The researcher, through this project, aims to prove research and survey
the psychology of the people involved behind such donating behaviour in Islam. It also aims to
research and examine to find out if Wakf properties are donated for the upliftment of other religions,
or not. Further, if it is not extended for the service of other religion except Islam, then what might be
the reasons behind such restrictions.

Chapterisation
1. Introduction
2. Analysis of the concept of Islamic Endowment or “Wakf” under Islam
2.1 Definition of Wakfs under several laws
2.2 Types of Wakfs
2.3 Legal Consequences/ Characteristics of a wakf
2.4 Categories of Wakf
2.5 Psychology involved behind the donating behaviour
3. Role of Wakf property in alleviation of poverty and rise in Islamic economies
4. Are Wakf donations extended for the purpose of other religion?
5. Conclusion

Scope and Limitation

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The paper solely focusses on the concept of Succession act for Hindu in India. The paper does not
extend its research to study of succession for Hindu in other countries. It restrains it research to
surveying the psychology of the people behind the Gender equality within or outside the community.
It does not extend its study to the laws dealing with the management other religion in India.
There is lack of proper resources for the research of the project. The availability of different types of
books and access to all sources could have helped in better research on the topic.