1

DAMODARAM SANJIVAYYA NATIONAL LAW UNIVERSITY

VISAKHAPATNAM, A.P., INDIA

PROJECT TITLE –

INHERITANCE RIGHTS OF WOMEN UNDER MUSLIM LAW

SUBJECT

FAMILY LAW – II

SUBMITTED TO

MS. P. VARALAKSHMI MA’AM

SUBMITTED BY

PALAK RAWAT

ROLL NO. 2018059

 2

TABLE OF CONTENTS –
TOPIC PAGE NUMBER

SYNOPSIS 3

INTRODUCTION 5

HISTORY 6

MAJOR QURANIC VERSES ON 6

INHERITANCE

MODIFIED PRINCIPLES OF THE QURAN 8

AND THE PROPHET’S HADIS
EXCLUSION OF WOMEN 10
- RULES OF EXCLUSION AND
INCLUSION

MODIFICATIONS IN THE LAW - SHARE 12

OF WOMEN
TRUE POSITION – EXCLUSION OF 15
DAUGHTERS
RESPONSE OF JUDICIARY 15

DIFFERENCE BETWEEN SHIA AND 17

SUNNI SCHOOL OF LAW INTERMS OF
INHERITANCE
MODERN CASE STUDY 18

SUGGESTION 21

CONCLUSION 26

BIBLIOGRAPHY 27
 3

SYNOPSIS

Introduction
One of the radical changes brought about by Islam is the principle of inheritance rights of
women who in pre-Islamic era were not only denied to inherit but were treated as objects to
be inherited by male. It is narrated by al-tabari (1984) that a woman (the wife of Saad bin
Rabia) complained to the Prophet (SAW) that she and her daughter were prevented from
inheriting property left behind by her husband. Her husband’s brother justified his action by
saying that women do not mount horses, do not endanger themselves going into battle,
therefore they should not inherit. To this, Allah (SWT) revealed the verse - “men shall have a
share in what parents and kinsfolk leave behind, and women shall have a share in what
parents and kinsfolk leave behind, whether the property be small or large- a determinate
share” (Quran, 4 : 7). Allah (SWT) has created man and woman from one single source and
has abolished all the previous unjust laws that deemed women as inferior in quality and
nature. Islam ensures equality between the two sexes in rewards and punishments, equality in
financial dealings and ownership of property.
Research Question

i) What is the place of Islam regarding the status of woman in society?

ii) Whether Muslim women have rights relating to marriage, inheritance and
maintenance?
iii) Whether equality has been maintained under the Muslim law in the right of
inheritance?
Research Object
The Author discusses the Quranic verses cited by Allah to ensure inheritance of property for
the women. The author further discusses the traditional laws relating to inheritance and
exclusion of women. In the last, while answering the research question the author attempts to
convey the practical scenario in relation to such laws via a secondary case study. The object
is to -
• To know about the rights given to women in inheritance
• To know more about the gender inequality existing in Shariat law towards women
• To know more about the present situation of women regarding their inheritance rights
 4

Literature Review

1. The Holy ‘Quran’

The author cites the verses from holy Quran to give more imphasis on the law laid down in it
and how it has been interpreted over the time.
2. Kusum, Cases and Material on Family law
Chapter on Muslim Inheritance deals with the stand of women in muslim personal
inheritance laws. It specifies clearly the stand of daughter, wife and mother in inheritance of
property under the Muslim law.
3. Poonam Pradhan Saxena, Family Law Lectures Family Law II (2nd edn Lexis Nexis
Butterworths Wadhwa Nagpur 2008)
It is one of the country's most relied on and respected title. Significant changes in the well-
established rules pertaining to personal laws and developments made have been referred at
appropriate places in this work. Relevant statutory changes have been incorporated, and
important decisions by apex courts in India, that have either altered the direction of legal
principles or thrown new light on existing principles, have been carefully examined. Author
will refer its commentary made on the topic here.

Research methodology
The Author restricts her study to doctrinal method of research, using secondary data sources
like past surveys, documents, research etc.
Scope
The scope of the Study is confined to the research questions mentioned, followed by some
suggestions for reform.
Significance
Presently, the topic covers a wide variety of interest due to the past historic jurisprudence of
Islamic religion. This study may assist to come to a plausible conclusion.
 5

INTRODUCTION

Society’s perception of a woman has always been that of a weak, docile being, subservient to
the superior race of man. For many decades Muslim women are struggling for gender
equality in the Islamic law that oversee rights related to marriage, divorce, and property
rights. This view was reflected in several laws that were made across the world in older
times. However, this position has changed considerably in modern times. The exception to
this is Islamic Law, which treated a woman with utmost respect and dignity right from the
revelation of the Quran. Before that however, the position was similar to the rest of the world.
It is a common misconception that the Quran is the starting point of Muslim Law.
Islam is the first religion in the world which recognizes women as legal entity and gave her
all rights that man enjoyed. Islam brought about freeing of women from bondage and gave
her identical rights and recognized her uniqueness as human being. Islam improved the status
of women by instituting rights of possessions, ownership, inheritance, education, marriage
and divorce. The Quran came out with a thorough declaration that men and women are equal
and women rights are equal to their duties. Till today, because of conflict on the part of the
ulama and jurist, this basic principle continues to be in midpoint.1 The Quran injunctions in
respect of women were not acceptable in a particular culture, given that the injunctions
directly challenged the apparent authority of men and made women equal to men in every
respect.In the absence of the proper codified law in Muslim personal law women are at much
difficult position, because of the un-clarity in the various rights and various analysis of
Quran. Muslim women always remain the most economically and publicly depressed section
in Muslim community itself.
This research project will deal with the position of women in Muslim Succession laws and
how they really stand in modern day India. For this however, it is necessary to understand the
evolution of Islamic inheritance laws. Property rights of Indian Muslim women have evolved
out of abiding struggle linking the grade quoits and the progressive forces. Indian Muslim
women always used to get fewer rights in terms of right to property in contrast to male.
Muslims personal law have not codified their property rights of Muslim women neither the
Shias nor the Sunnis.2 However, Ma-hr is a key concept in Islamic law which is unswerving
connected with the right to property of the Muslim women and empowerment of the women.

1
A.O. Yekini (2008). Women and intestate Succession in Islamic Law, Logas State University, Islamic Law and
Law of the Muslim World, Research Paper Series, at New York Law School, No. 08-49
2
Id.
 6

Ma-hr is basically is called as a present which becomes due from a Muslim husband to his
wife on marriage as a token of admiration symbolizing his honesty and love for her. The
subject affair of ma-hr can be wealth or any other thing having value, depending upon the
acceptance of the wife. Upon the entity or property given as a ma-hr, the possession lies
exclusively with the women. Further, the award of absolute ownership of the ma-hr property
to the Muslim wife shows the activist measure adopted by Muslim personal law to vest
women with the property rights to guarantee them an unbiased marital status. Hence, married
Muslim women who had been ever destitute of status of marriage have such property rights
which are entirely vested in her property rights.

HISTORY
The laws of inheritance under Islam are based on the customary practices of the people of
Arabia before the revelations of the Quran.3 These practices gave importance to comradeship
in arms, and blood relations took a back seat. According to them, male agnates4 were primary
successors. The nearest male agnates, primarily descendants (i.e. sons or grandsons), would
succeed to the entire estate. They were preferred to ascendants (father/ grandfather), who
were next in line, who in turn were preferred over collaterals (brothers). Females and
cognates5 and relations by affinity were not allowed to succeed to the property.
However, with the advent of the Quran, these principles were modified and importance was
given to blood ties. “There is no bond stronger than blood tie” became the guiding principle
in all matters of succession. Inheritance rights were extended to all blood relations
irrespective of gender or the sex of the line of relatives through whom they were related to
the deceased.

MAJOR QURANIC VERSES ON INHERITANCE

• Surah an-Nisa 4:7
Men shall have a share in what parents and kinsfolk leave behind, and women shall have a
share in what parents and kinsfolk leave behind, whether it be little or much – a share
ordained by God.
• Surah an-Nisa 4:8
3
Poonam Pradhan Saxena, Family Law Lectures Family Law II(2nd edn Lexis Nexis Butterworths Wadhwa
Nagpur 2008) 605
4
Agnates are those who are descended from the male line only or whose kinship is traceable exclusively
through males e.g. grandfather — father — son. They are agnates of each other — Merriam Webster Online
Dictionary <httn //www merriam-webster com/dictionarv/aonate > accessed November 25, 2020, 4:00 pm IST
5
In this context, Cognates are those related from the mother’s side- Merriam Webster Online Dictionary
> accessed November 25, 2020, 4:00 pm IST
 7

And when [other] near of kin and orphans and needy persons are present at the distribution
[of inheritance], give them something thereof for their sustenance, and speak unto them in a
kindly way.
• Surah an-Nisa 4:11
Concerning (the inheritance of) your children, God enjoins [this] upon you: The male shall
have the equal of two females; but if there are more than two females they shall have two-
third of what their parents leave behind. As for the parents of the deceased each of them shall
have one-sixth of what he leaves behind, in the event of his having [left] a child (walad) ; but
if he has left no child (walad) and his parents are his [only] heirs, then his mother shall have
one-third; and if he has brothers and sisters, then his mother shall have one-sixth after [the
deduction of] any bequests he may have made, or any debt [he may have incurred]. As for
your parents and your children – you know not which of them is deserving of benefit from
you: [therefore this] ordinance from God. Verily God is all-knowing, wise.
• Surah an-Nisa 4:12 – 4:14
And you shall inherit one half of what your wives leave behind, provided they have left no
child (walad) , but if they have left a child (walad) , then you shall have one-quarter of what
they leave behind, after [the deduction of] any bequests they may have made, or any debt
[they may have incurred]. And your widows shall have one-quarter of what you leave behind,
provided you have left no child (walad), but if you have left a child (walad) , then they shall
have one-eighth of what you leave behind, after [the deduction of] any bequest you may have
made, or any debt [you may have incurred]. And if a man or woman has no heir in the direct
line, but has a brother or a sister, then each of them two shall inherit one-sixth; but if there are
more than two, then they shall have in one-third [of the inheritance], after [the deduction] of
any bequest that may have been made, or any debt [that may have been incurred], neither of
which having been intended to harm [the heirs].
• Surah an-Nisa 4:33
And unto everyone have we appointed heirs to what he may leave behind; parents and near
kinsfolk, and those to whom you have pledged your troth; give them, therefore, their share.
Behold, God is indeed a witness unto everything.
• Surah an-Nisa 4:176
They will ask thee to enlighten them. Say: “God enlightens you [thus] about the laws
concerning [inheritance from] those who leave no heir in the direct line (walad): If a man dies
childless and has a sister, she shall inherit one-half of what he has left, just as he shall inherit
 8

from her if she dies childless. But if there are two sisters, both [together] shall have two-
thirds of what he has left; and if there are brothers and sisters, then the male shall have the
equal of two females’ shares. God makes [all this] clear unto you, lest you go astray; and God
knows everything.

MODIFIED PRINCIPLES OF THE QURAN AND THE PROPHET’S HADIS

According to the Islamic law of inheritance, the person’s sex, age, or order of birth or marital
position does not comprise an obstacle to inheritance. In this organization no division was
made between father and mother, first-born child and last-born sons. Whatever disparity in
share there was amid the hires, it was proposed to correspond with their particular
responsibility and obligations, according to the lineal immediacy. The computation back of
this was that if in his life span the deceased were in need, the nearby relatives children and
parents- would be called upon former to hold up before those less closely related, such as
grandchildren and grandparents. "Rights of inheritance respite upon the two principal basis of
marriage and blood relationship with the decedent". As an upshot, and because women are a
major part of the Muslim family, women are integrated in the Islamic law of inheritance.
Allah ordains regarding your children that the male shall have allocated equal to that of two
females.
• If the children are females numbering two or more, their segment is two-thirds of the
inheritance.
• If there is an only female child her part is one-half. This means that if the decedent
has only one daughter she inherits one-half of the estate.
• If the decedent is survived by the daughter and a son, the son gets two-thirds and the
daughter gets one-third of the estate.
• If the decedent is survived by two or more daughters, they share two-thirds of the
estate equally and the rest goes to other male relatives.
The mother of the decedent is also one of the connections who are specific in the Quran. "If
the decedent dies and is survived by only one sibling, if any, the decedent’s mother’s share is
one-third of the estate. If the decedent in this case is survived by two or more siblings, the
mother’s share is one-sixth". The Quran dispense of the decedent’s father is also one-sixth,
but changes in some cases. Therefore, a mother’s share of the decedent’s estate can be equal
to the father’s, this means that in this case a female family member gets equal share of a male
relative’s share.
 9

The female inheritors mentioned above are those who have an explicit share in the Quran.
Woman’s right of inheritance varies depending on her relation to the decedent person. In
some cases a female in the family inherits less than a male inherits. In other cases, a female
might inherit as much as a male. And in other cases, she might inherit more than a male.
One case in which a female gets larger share of the decedent’s assets happens if the decedent
had a daughter in adding up to his wife and his father were still alive. His wife gets one-
eighth of the estate, the daughter gets one-half, and the father gets 9/24th of the decedent’s
estate. Here, both the wife and the daughter got extra than the family.
The first female Quran hires is the wife. A wife inherits one-fourth of her husband’s chattels
if they had no children and one-eight of her husband’s property if they had children or
children’s son. "However, the wife’s part is a communal one. In the case of polygamous
union, the wives share the one-eight or the one-fourth equally"
The reason which for men usually gets a better share of the decedent’s estate is because men
are always obligated to provide women with their needs. Women, on the other hand do not
have to spend any amount of their money. For example, the brother is accountable for caring
for his sisters wishes after their father dies and has to afford them with what they need, from
their need for food and drink to their need for edification.
If the daughter is married, she does not need to fritter any of her money either, for it is her
husband’s accountability to cover her needs. In general, it is always men’s responsibility to
look after women and supply their needs. In contrast with other religions, Islam was the only
religion to include females of the family in isolating the decedent’s estate.
The newly included heirs, i.e. mainly the females and the cognates were called Quranic
sharers. They were awarded half the share of the agnates, i.e. every sharer, irrespective of
gender was awarded half the share of the already established heirs. So if the sharer is a male,
he is in no better position than a female share, for example — uterine brothers and sisters get
the same share in the inheritance.6 The newly introduced heirs include the wife of the
deceased, females related to him by blood, and other cognate relations. The rigid rule of
excluding ascendants in the presence of descendants was relaxed.
The research further shall be discussing in detail why daughters were excluded in inheritance
and what changes were subsequently brought about by the modification of the principles.
Further, I shall try to explain the true position of Muslim women today with respect to the
laws that stand.

6
Tyabji, Muslim Law (4th edn 1968) 826 in P. Saxena (n 1) 606
 10

EXCLUSION OF WOMEN FROM INHERITANCE

As is evident from the pre Islamic laws, the old world either gave absolutely no inheritance to
women or, when it was given, the woman was treated as minor and she was not given
independence to do as she pleases with her share. Under the old laws, inheritance was rarely
given to daughters, and never to daughters’ children, while a son could inherit himself, and
his children subsequently become successors to that property. In some laws around the world,
equal rights in inheritance were given to men and women, but that was in the form of Restate
succession.7 In ancient Egypt for example, a woman had complete rights over property she
owned. She could hold property independently of her husband, inherit it and also testate it.
Women had the legal capacity to transact business just as men.8

➢ Main cause for exclusion

The real cause for a woman being deprived of inheritance was to prevent the property being
transferred to another family. The older school of thought propagated that the woman’s role
in the birth of a child is negligible. A woman was merely a container in which the sperm of a
man developed and a child was born. Therefore, a child was considered the issue of a man
and not a woman. A son’s child was considered a man’s issue, but his daughter’s children
were not. They were considered the issue of the husband of the daughter, and consequently
considered to belong to a different family. Therefore, if a daughter succeeded to property, it
would pass on to another family.
Dr. Musa Amid, in his book ’Inheritance in the Civil Laws of lran’ says that the grandfather
was the religious spokesman of the family, and after him, all the rites and rituals were
conducted by the males of the family only. Male children were considered the only source of
continuation of lineage.

➢ Other causes
One of the other reasons for women not being included in inheritance was their weakness in
combat. In the ancient Arab society, valour and heroism were appreciated and were preferred
over non warlike qualities. Thus, the women were at a disadvantage. In their society, if there
was a man in the inheritance line, however distant, he would be given preference over an

7
Dr. Archana Chaturvedi, Muslim Women and Law (Commonwealth 2004) 146
8
Subhash Chandra Singh, ‘Position of Women under Muslim Personal Law: Some Observations’ in Neera
Bharihoke, Rights ofHindu and Muslim Women (Serials Publication 2008) 241
 11

immediate female heir. When the verses of inheritance9 were revealed in the Quran, which
stated that women too would be entitled to a share in the property, it came as a shock to the
Arabs. There is an interesting legend, which states that a well known poet of the Arabs died
and left behind a wife and several daughters. The sons of his uncles seized all his property
stating that the women were incapable of defending themselves. The widow brought a
complaint to the Prophet, who said that it was the command of God, and hence the women
were entitled to the dead man’s property."
➢ Woman as a part of Share
There also existed a belief that a woman was the property of a man and therefore, could be
included in the inheritance as a share. Arabs sometimes counted the wife of the deceased as a
part of the share and took possession of her. She was later claimed by another man. These
were some of the barbaric customs, followed by the Arabs, wherein a woman had absolutely
not rights over property, and was in some cases, even considered a part of the property of a
man, thus objectifying her.
➢ Rules of inclusion and exclusion
In Islamic law, only relatives with a legitimate blood relationship to the deceased are entitled
to inherit. Thus, illegitimate children and adopted children have no shares in inheritance. In
general, a full brother will exclude a consanguine brother, but not uterine brother. In case
where a deceased man leaves a pregnant woman, the unborn child's share will be reserved.
Also a woman during the time of waiting (ʿidda) after divorce is considered as a wife of the
deceased for purposes of inheritance. There are even further rules of exclusion and inclusion
of different relatives. The only "practical situations" which may cause disqualification are
differences of religion and homicide. But schools of Islamic jurisprudence differed whether a
Muslim can inherit from a non-Muslim or not. All the jurists agree that intentional or
unjustifiable killing would exclude a person form inheritance.

MODIFICATIONS IN THE LAW - SHARE OF WOMEN

Islam was one of the first religion to recognise the rights of women in inheritance; almost
1400 years ago. After the advent of the Quran; modification8 were made to t6e eAi8tin
laws of inheritance. None of the incongruities of the past laws are present in the present day
Islamic Law of Inheritance. However; some people claim equality of rights issues on the
issue that a female gets half the share of a male in inheritance i.e. a son inherits twice as

9
Quran [4:11, 4:12, 4:176]
 12

much as a daughter; a brother twice as much as a sister and so on. Only in the case of parents
of a deceased do both parents receive one-sixth of the share in property.
There is a justification for this in Islam. "Woman once married gets dower and maintenance.
Her counterpart gets neither of those two benefits. Moreover the male are primarily liable for
the maintenance of their children whereas; a female heir may have this liability only in
extraordinary cases." Muslim man has the burden of supporting his family; a woman has no
such burden and lives off her husband and in case of divorce; is given maintenance.
WOMEN AND INHERITANCE
In Islam, women are entitled the right of inheritance. In general circumstances, though not all,
Islam allots women half the share of inheritance available to men who have the same degree
of relation to the decedent. For example, where the decedent has both male and female
children, a son's share is double that of a daughter's. Additionally, the sister of a childless
man inherits half of his property upon his death, while a brother of a childless woman inherits
all of her property. However, this principle is not universally applicable, and there are other
circumstances where women might receive equal shares to men.10 There are some who say
women are entitled to equal inheritance in Islam. Sometimes women get double the share
then that of men, for example if there are only parents and husband, husband will receive
half, father gets 1/6 and mother gets 2/6. This is according to Ibne Abbas's interpretation of
verses11 11, 12 of Sura Al Nisa. Also the Qur'an does not discriminate between men and
women in cases of Kalalah relation. Kalalah describes a person who leaves behind neither
parents nor children; it also means all the relatives of a deceased except his parents and
children, and it also denotes the relationships which are not through [the deceased’s] parents
or children. Islamic scholars hold that the original reason for this difference is the
responsibilities allotted to spouses. A husband in Islam must use his inheritance to support his
family while a wife has no support obligations. Additionally, Arab society traditionally
practiced the custom of bride price or dower rather than dowry; i.e., the man paid a gift to his
wife or her family upon marriage, rather than the opposite, placing a financial burden on men
where none existed on women. This custom was continued but changed materially by Islam.
The divine injunction stipulated that the dowry (Mahr) is due to the wife only not her family.
It can also be deferred thereby reducing the burden if the husband is unable to afford the
requested dowry at the time of the marriage. The wife can defer it till a stipulated date or it
can become a debt on the estate when the husband dies and give their dowries willingly to

10
Coulson N.J, (1971). Succession in the Muslim Family, p. 150, Cambridge University Press
11
Id. at 155.
 13

women (as an obligation), but if they, of their own accord, remit a portion of the dowry, you
may enjoy it with pleasure.12
Under Muslim law, the rules of inheritance are rather strict. A son takes double the share of a
daughter; on the other hand, the daughter is the absolute owner of whatever property she
inherits. If there is no brother, she gets half a share. It is legally hers to manage, control, and
to dispose it as and when she wants. She is also eligible to receive gifts from those she would
inherit from. This is contradictory because she can inherit only one-third of the man's share
but can get gifts without any hassle. In case of a divorce, charge for maintenance reverts to
her parental family after the iddat period (approximately three months) is over. However, if
her children are in a position to support her, the responsibility falls on them.

➢ What are the property rights of a wife in Islam?

In the famous Shah Bano case, the Supreme Court had held that in case of a divorce, it is the
responsibility of the husband to make reasonable and fair provision to maintain his former
wife even after separation under Section 3 (1Ha) of the Muslim Women (Protection of Rights
on Divorce) Act, 1986. This period extends beyond iddat as the woman retains control over
her goods and properties. In the event of the death of her husband, a widow gets the one-
eighth share (in case there are children) but will get one-fourth share (if there are no
children). If there is more than one wife, the share may come down to one-sixteenth.
➢ What are the property rights of a mother in Islam?
A Muslim mother is entitled to inherit from her children if they are independent. She is
eligible to inherit one-sixth of her dead child's property if her son is a father as well. In the
absence of grandchildren, she would get the one-third share. Also, if a mother inherits
property from any relation, she becomes the absolute owner of her share and can dispose it at
her own will. She cannot give away more than one-third share of her property and if her
husband is the only heir, she can give two-third of the property by will. There are other
provisions, too, in the law that ensure financial security of a Muslim woman.
➢ What is the maher (entitlement) under Islamic law?
Maher is the total money or property that a wife is entitled get from her husband at the time
of marriage. There are two types of maher: prompt and deferred. In the former case, the

12
Qaradawy, Yusuf Ali, The status of Women in Islam, available at http:// www.witnesspioneer.org/vil/
(accesses on 09/04/2012).
 14

amount is given to the wife immediately after marriage; in the latter, the amount is given to
the wife when her marriage has ended, either upon the death of her husband or by divorce.
➢ What is the wasiyat (will) under Islamic law?
A Muslim cannot give away more than one-third of his/her total property through a will. In
circumstances where there are no heirs in the estate as prescribed by the law, the wife may
inherit a greater amount by will.
➢ What is the hiba (gift) under Islamic law?
Under Muslim law, any type of property may be given as a gift. For a gift to be valid, a
declaration of the wish to make the gift must be made which should be accepted by the
receiver.

TRUE POSITION – EXCLUSION OF DAUGHTERS

"According to the Shariat "Act; women had the right to inherit property as laid down in
Muslim Personal Law. However there are cases in which this right of women is not
implemented. Despite the Quranic law; there are certain customs and statutes in India under
which a daughter is not entitled to inherit. "Although these customs and statutes vary from
Quranic provisions; they are very much in practice and are considered valid. In the 'Ali
Ashghar’ case13 it was held that evidence to show that certain customs prevailed in the area
or within the family was admissible; and in the Muhammad Kamil case14, it was ruled that in
customary practice; if daughters do not inherit any property; then when the succession opens;
daughters should be treated as nonexistent. In the state of Jammu and Kashmir, in some
communities; daughters can succeed only if there are no living male agnates of the deceased.
In some; she can inherit only if she is a Khananashin. A daughter cannot inherit Watan land
either under the Watan Act 1886 of Bombay. The Oudh States Act also promulgates
primogeniture and gives preference to sons over daughters; and her heirs in the devolution of
taluqdari properties.15

THE RESPONSE OF THE JUDICIARY

The response of the judiciary on the status on women under the Muslim personal law has
been hesitant. Many of the cases give the intuition that the role of our judiciary has been
healthy and satisfactory. In many cases Supreme Court has veteran personal laws on the

13
Ali Ashghar v. Collection of Bulandshar, (1917) 39 All 574.
14
Muhammad Kamil v. Imtiaz Fatima, (1908) 36 IA 210.
15
Mohammad Zia-ullah v. Rafiq, AIR (1939) Oudh 213.
 15

criterion of fundamental rights and to make them reliable with fundamental rights. Whereas
in some of the case court held the legitimacy of the personal laws cannot be challenged on the
opinion that they are in breach of fundamental rights because of the reality parties in personal
law is not prone to fundamental rights. It is interesting to note that, there have been important
judgments favorable to Muslim women even if not in landmark category, but very
considerable in this concern.
1. Mohd. Ahmad Khan v. Shah Bano Begum16
In instant case issue was that, up to what extent of Muslim husband’s liability to maintain his
divorced wife under Section 125 of the Cr.P.C 1973? In instant case court went into the
details of various authorities and translation of the verses of the holy Quran in support of the
view that a Muslim Woman who has been divorced by her husband has all right to be
maintained even after the period of Iddat. Further court upheld that provision of the
maintenance under section 125 of the Cr.P.C is not dependent on the religion of the spouses.
It is a secular law applicable to all irrespective of the religion. Therefore, the judgment
evoked unprecedented debate and controversy on the Muslim women’s rights to claim
maintenance from the husband after divorce. It ultimately led to the enactment of the Muslim
women (Protection of rights on Divorce) Act 1986.
2. Shamimara v. State of Uttar Pradesh17
In instant case Court held that, Talaq to be effective, has to be explicitly pronounced. Further
court held that, a mere plea taken in the written statement of a divorce having been
pronounced sometimes in the past cannot by itself be treated as effectuating talaq on the date
of the delivery. Hence, judgment seeks to provide some norms and parameters within which
the husband can pronounce a talaq. The very concept and right of unilateral triple talaq has
however being assailed. Hence, from the above cases it becomes abundantly clear that court
had played a very vital role for the protection of the women’s rights under Muslim personal
law.

DIFFERENCE BETWEEN SHIA AND SUNNI SCHOOL OF LAW INTERMS OF

INHERITANCE
The Shiaite rules of inheritance, as typified in the Jaafari school, differ significantly from the
Sunni rules of the Hanafi, Shafiki, Maliki, and Hanbali schools. The main differences are as
follows:

16
Mohd. Ahmad Khan v. Shah Bano Begum, AIR 1985 SC 945.
17
Shamimara v. State of Uttar Pradesh (2002) 7 SCALE 183.
 16

1. Offspring from the mother’s side are treated equally with those from the father’s side,
so half brothers and sisters from either parent are treated equally;
2. Relations that derive from the female’s side are on par with relations from the male’s
side. Whereas in the Sunni rules, residuaries are limited to agnatic males (male
relatives who do not have a female interrupting the chain of relations from the
decedent), except when certain female sharers turn into residuaries and receive one-
half what their male counterparts receive, the Jaafari rules do not view a female’s
kinship relations as less important than a male’s. Therefore, females and cognate
relatives who only inherit in the last class in the Sunni schools are incorporated into
the general structure of Jaafari rules.
3. A sole surviving daughter can take the entire estate in the same way that a sole
surviving son can take all the inheritance in Sunni law. The technical legal reason
about the grounds through which the daughter inherits is slightly different from how
the son inherits.
4. There is no reduction of shares (‘awl) or return (radd ) in Jaafari rules of inheritance.

Therefore, in Jaafari rules the three classes of heirs are (1) those who are solely sharers; (2)
those who are sharers and can also be residuaries, such as daughters and full or half-sisters;
and (3) those who are always residuaries, such as sons. One major practical effect of these
differences in rules is that women are much more fully integrated into the inheritance scheme
than in the major Sunni schools.
MODERN CASE STUDY
“For a woman, implementing the right to property often involves a delicate negotiation of the
different relationships that make up the fabric of family life.”
- Nasreen Fazalbhoy, Muslim Women and Inheritance
While there are established laws in place for a woman’s position in inheritance, more often
than not, the laws are not followed. More importance is given to familial ties and
relationships than the law that has been laid down, even in urban cities as forward and open
minded as Mumbai. Nasreen Fazalbhoy talks about a study18 she conducted among 38
Muslim women in Mumbai and her findings, related to the ownership of property among
Muslim women. Her sample consisted of 38 women from diverse backgrounds, and included

18
Nasreen Fazalbhoy, ‘Muslim Women and Inheritance’ in Zoya Hassan and Ritu Menon (eds), /n a Minority:
Essays on Muslim Women India (Oxford University Press 2005)
 17

single, married, widowed, divorced women and even those who were separated but not
divorced. The study she conducted was by no means an easy one.
She faced several problems in just narrowing down on her sample because women were
unwilling to talk about property related issues because it was too intrinsically related to their
familial ties. Almost 60% of the sample was working women. She found that housewives
were unwilling to talk about property as they lacked the confidence and assumed they didn't
know much about property matters. Also, women hardly had any property to begin with, so in
many cases there was no property to discuss at all. There were hardly any court cases because
women preferred to let matters be rather than taking matters to court and suffer the
“indignity” of being ostracised from the family and society. She also found that a lot of
property related issues were resolved by Jamaats or community Panchayat like bodies.
However, even on that forum, hardly any women were involved, and the issues were
generally disputes between brothers.19
➢ Objective of the Study
Fazalbhoy’s reason to conduct this study was to ascertain at what position exactly women
stand when it comes to ownership of property and inheritance. In keeping with this aim, her
study also looked at what women consider their exclusive right and what their general
awareness of their rights related to property. Her research questions included —

• Sources from which women acquire property

• Structures that enable women to access property
• Structures that obstruct women’s access to property
• To what extent do rights given in MPL allow women access to property; and
• How the question of custom, the Shariat, or the civil law enter the discourse
concerning property

➢ Findings of the study

Fazalbhoy’s studies looked at various aspects of women’s property rights. She looked at
Marriage Exchanges — Dowry and Mehr, Property Ownership and inheritance from the
perspective of married women, single women, divorced, separated, and widowed women and
even a mother’s rights.

19
Id.
 18

Dowry and Mehr - Women almost universally felt that the dowry they received was
rightfully theirs. Dowry mainly consisted of jewellery and in some cases, some household
products. The women felt that jewellery was rightfully theirs and it was the only property
over which their right was acknowledged and they had a say in its use and possible
alienation. Sometimes, jewellery was divided before the death of the mother, but that was
entirely her choice. This point is illustrated by two examples of women from the sample -
Fatima and Nausheen. Fatima, at the time of the study was a single woman, in her forties and
inclined to social service. She pawned the jewellery that was her share and invested the
money in her cousin’s business from which she gets a monthly return which she used to
manage her expenses. This she could do because she was single and made a conscious
decision to not get married. For Nausheen, her jewellery was what she could fall back on
after she was widowed after 3 years of marriage and did not have any income till she could
start earning herself.
While dowry is taken very seriously by the community at large, Mehr on the other hand is
not. It is considered to be a token amount given because the law demands it. Mehr can either
be given at the time of marriage, or can be deferred for a later date, which usually if there is a
divorce. However, the amount of Mehr given is so minuscule that it is inconsequential.
Sometimes, it is considered a deterrent for divorce, and at other times the brides who receive
their Mehr are expected to give it away as charity. So in practice, few women have the right
to Mehr despite the provisions in MPL.
Property Ownership and Inheritance - Notwithstanding any Quranic provisions, often, the
inalienable right of women to inherit is questioned. According to Shariat Law, a woman
inherits half the share of a man. The basis of this is the provision of dowry and Mehr.
However, from the sample, it is seen that few women actually get the Mehr due to them.
Even then, they are not given their rightful share. It is assumed that women will docilely
accept whatever they are given. If they are vulnerable in some way (separated, widowed,
divorced), their share in their father’s property is morally justified, but if they are married or
“well settled” their claim to property is seen as an encroachment on the superior right of the
brothers.
An important observation made was that married women rarely gain access to their share in
their father’s property. Lawyers affirmed this saying that after the death of the father, the
division of property is delayed so that the daughter is not given much or anything at all, and
she herself is hesitant to take up the matter as she does not want to spoil relations with her
 19

family. Any issues raised are hardly without controversy. A common argument by the men is
that the women have been given their share at the time of marriage. Lawyers add to this
saying since it is easy to defer actual division of property and often, sisters feel they are
depriving their brother’s right to property by asking for their share. Sometimes women are
given property but not according to Shariat rather much less.
While some women accept their fate and the share they have been given there a few who
refuse to accept this treatment and take up the cause against their brothers. One such case is
of Amida wherein; after her father’s death; her brothers refused to give her; her sister and
step mother any share in the property. Amida decided to take the case to court; and demanded
her share according to Shariat Law. The court decided that it was a case fit for the court
receiver. This induced the brothers to agree for an out of court settlement. However; while
Amida did get a share in the property; it was only one-third of what she was entitled to.
There are also women; like Mehwish and Saba who gave up their share as a consideration for
care and kindness her family shows after their divorce or the death of their husband. There
are also cases where the in-laws have created a widow of her rightful share in her late
Husband’s property.20
SUGGESTIONS
There are a number of possibilities and justifications for reform of the inheritance laws, from
doctrinal, social, and international and domestic law perspectives:
1. Many of the traditional rules are man-made and not the revelations or sunnah of
the Prophet
While the Qur’an includes a large number of revelations relating to many aspects of
inheritance, it by no means provides details on all dimensions of the subject. The intricacies
of the rules of inheritance began to take shape in the years after the death of the Prophet
(s.a.w.), with a comprehensive code laid out by the classical jurists during the formative
period of Islamic law. It is generally accepted that while the rules of inheritance are based on
and structured around the revelations received by the Prophet (s.a.w), for at least the Sunni
schools that structure was superimposed on the inheritance customs of the pre-Islamic tribes
and society. Those customs that were not explicitly rejected or re-written, such as the primacy
of agnatic heirs, were considered to be impliedly endorsed and thus were maintained after the
time of the Prophet. This is in contrast to the Shi’ite Ja’fari school, where the pre-existing
custom favouring agnatic heirs was rejected. Classical jurists and their ideas, assumptions,

20
Property Rights of India, http://www.muslimpersonallaw.co.za/inheritance.docs/PropertyRightsofIndia (last
accessed 06 December 2020)
 20

and life experiences profoundly influenced the development of fiqh, including the traditional
rules of inheritance. For example, in A History of Islamic Law, N.J. Coulson explains that
early schools of law in Medina and Kufa in the early decades of the second century of Islam
(from A.D. 720 on) relied on existing social circumstances and expectations to shape the
rules of inheritance.
Although the schemes of inheritance adopted by Medinan and Kufan schools shared the same
fundamental rules, in so far as this subject had been regulated in some detail by the Qur’an,
the precedents of the Prophet and those of his immediate successors, there arose significant
differences on points which had not been so settled. Where no Qur’anic heir or agnate
relative (‘asaba) had survived the propositus, the Kufan jurists admitted non-agnate relatives
(e.g. daughters’ and sisters’ children) to succession. Such relatives (known as dhaw k ’ l-arh
m) were never allowed to inherit in Medina. Furthermore, diversity in the four major Sunni
schools of law, between these schools and the major Shi’ite school, and diversity in
codifications of law in modern Muslim countries demonstrates that the laws and traditional
rules are not divine and absolute, but can and have been interpreted and changed throughout
the centuries. Because many aspects of the rules of inheritance were derived through human
interpretation, they can be reformed through human interpretation. Many of the revelations in
the Qur’an were by nature reform-oriented, transforming key aspects of pre-Islamic
customary law and society rather than implementing a comprehensive law. The Prophet often
received a series of progressive revelations, each building on or superseding customary laws
and earlier revelations.21

According to N.J. Coulson22 in A History of Islamic Law, the references in the Qur’an and
Sunnah related to inheritance provide examples of the progressive, supplementary nature of
Islamic law. Before the time of the Prophet, rules and customs related to property and
inheritance were focused on supporting and strengthening the tribe, which was defined
exclusively by its male descendents. To ensure that property was kept within the tribe, only
male relatives of the deceased, generally the relative closest in relation, could inherit such
property.23 The order for inheritance started with male descendents, then the person’s father
and his brothers and nephews, the paternal grandfather, uncles, and their descendents.

21
Jamal, Abdul, Rafidah, (2005). The Issue on Inheritance for Women, p. 3, available at
http://www.bismikaallahuma.org/archives/2005/the-issue-on-inheritance-for-women/ accessed
on 10/06/2012.
22
Jawad, Haifaa A., (1988). The Rights of Women In Islam : An Authentic Approach, p. 61, MacMillan Press.
23
Iqbal Allama, the Reconstruction of Religious Thought in Islam. Karachi: Kazi Publications. pp. 169-170.
 21

Although property was occasionally bequeathed to other close relatives, females, and minor
children were generally excluded from rights of inheritance.

The Prophet’s revelations gradually changed the status quo, first in requiring Muslims to give
shares to men and to women from what parents and near kindred leave (Surah an-Nisa’ 4:7),
providing some property distribution to females. The revelations also signalled a shift in
prominence from the tribe to the family unit. A later series of revelations responded to the
circumstances of the times, namely the deaths of many early Muslims in battles. These
revelations laid out specific shares to be granted to different categories of relations, primarily
relations who had formerly been excluded from receiving inheritance. It also privileged both
parents were primarily (male) descendents were privileged before.24 The reforms that took
place in the early years of Islam are clearly progressive, changing with the needs of the
society. They were meant in part to protect women, requiring that at least a minimum share,
as specified in Qur’an, be given to women who were closely related to the deceased. The
more detailed rules that were laid out by the Sunni classical jurists allowed many pre-Islamic
customs to continue, and also reflected the needs, customs and expectations of the society in
which they lived instead of continuing the progressive reform that was started during the time
of the Prophet. Over 1000 years have passed, and the modern world is incredibly different
than it was during the early centuries of Islam. Thus, the Ummah should take up the example
of progressive reform and work to ensure that the rules of inheritance reflect the needs of the
people today.25

2. The language of Qur’an is not mandatory; Mohammed Shahrour’s “Theory of

Limits”

In terms of Surah an-Nisa’ 4:11, which says that a male child shall inherit twice as much as a
female, some argue that the traditional interpretation, as laid out in the traditional rules of
inheritance, is incorrect. Instead of requiring that the male child always receive twice that of
the female, means that the male can interpret no more than twice the female or that the female
must inherit at least one half of the male. For instance, a committee member involved in
reviewing Indonesia’s inheritance laws argued that the language of the Quran is not
necessarily mandatory. The provision stating that the daughter's share is one half that of the

24
Iqbal Allama, the Reconstruction of Religious Thought in Islam. Karachi: Kazi Publications. pp. 169-170.
25
Smith Jane I, (1979). Women in Islam: Equity, Equality, and search for the Natural Order, p. 517,
Oxford Journal of American academy of religion. Vol. XLVII. Issue 4.
 22

son should be interpreted to mean that daughter's share must be at least half that of her
brother. The Koran does not, however, preclude equal shares for males and females if social
realities warrant such a distribution and the Muslim community desires it. Related to this
idea, Mohammed Shahrour, an engineer from Syria, proposed in his book entitled as - Kitab
wal-Qur’an: Qira’a Mu‘asira a theory called the “Theory of Limits”26 meaning the limits
(hudud) divinely ordained in the Qur’an and the sunnah. According to this theory, the Qur’an
and the sunnah set a Lower Limit (minimum) and an Upper Limit (maximum) for all human
actions, and man-made legislation and rules are permitted anywhere in between those Limits.
Nothing that falls below the Lower Limit or exceeds the Upper Limit is permitted – this is the
mandatory aspect of the revelations. However, actions that fall above the Lower Limit and
below the Upper Limit are allowed.

3. Changed circumstances, modern realities

Although many defend the traditional rules by arguing that males are obligated to provide for
women and their families, thus the rules accord a support mechanisms for women, those
arguments do not make sense in the realities of the 21st century.
First, family relationships and structures have changed, just as they were changing in the
early days of Islam from the dominance of the tribe to the increased importance of the
ummah and the family within that. Today, the extended family is less common because of an
increase in the importance of the nuclear family. For this reason, it no longer makes sense for
a (male) second cousin to receive the bulk of the inheritance as an agnatic heir and prevent a
closer (female) relation like a daughter from receiving more of the inheritance or exclude a
closer female relation like a granddaughter or niece from receiving any inheritance at all.
Second, the argument that men and women have different social roles and obligations is
technically still accurate, but in real life is quickly becoming outdated. In modern societies,
women are better educated, earn money in the paid economy and are regularly expected
(even if not technically obligated) to contribute to the household economy. In addition, the
argument that men must pay large amounts of mehr, thus sons need the double shares of
inheritance in a way that daughters do not, is no longer accurate in many modern contexts. In
Malaysia, for example, state authorities have set a minimum amount of mehr at around USD

26
(Cammack 2000, p. 7), Tehrani, Hadavi, Mahdi, Hojjat al Islam (1999). Difference of Women and Men in
Islamic Jurisprudence http://www.imamreza.net/eng/imamreza.php?id=7340 cited from Muhammad
ibn Yaqub al Kulayni, Al-kafi, Vol. 7, p. 85.
 23

20 or less, which barely allows the woman to buy a pair of shoes! Many men accept this
minimal amount as all that is required of them.
4. Conformity with actual practices
As mentioned above, one of the standard defences of the inheritance rules is that if people
want to treat their daughters and sons fairly, they can divide their estates equally and grant
the shares to their sons and daughters during their lifetimes (the law of gifts is called hiba).
Waqf , the permanent dedication of property for religious or charitable purposes or for the
benefit of the founder and his descendants, can also be used to share property equally among
male and female children and provide support for them after the founder’s death.
5. International law requirements27
The Convention on the Elimination of All Forms of Discrimination against Women
(CEDAW), which most Muslim countries have signed (albeit mostly with reservations), lays
out a broad definition of discrimination that includes both direct and indirect discrimination
that is committee by state or non-state actors. States parties to the Convention have an
affirmative legal obligation to ensure that women have both de jure (in law) and de facto (in
fact) equality with men. Even if the traditional Muslim inheritance rules provided for equal
inheritance rights between men and women, States parties to the Convention are also
responsible for ensuring that women are able to enjoy these rights – that they actually receive
the property they’ve inherited, that they are not compelled to give up their rights by other
members of their families, etc. The treaty body that oversees compliance with CEDAW, the
Committee for the Elimination of Discrimination against Women, stated in paragraph 28 of
General Recommendation No. 21 (13th session, 1994):
In most countries, a significant proportion of the women are single or
divorced and many have the sole responsibility to support a family. Any
discrimination in the division of property that rests on the premise that the
man alone is responsible for the support of the women and children of his
family and that he can and will honourably discharge this responsibility is
clearly unrealistic.
A number of other international human rights instruments apply to the issue of inheritance.
For instance, the Human Rights Committee, the Committee that monitors compliance of the
International Covenant on Civil and Political Rights (ICCPR), stated in General Comment,

27
Bari. M. Ershadul, Dr. (1994). Human Rights in Islam with special reference to women‟s rights, (p. 17) The
Dhaka University Studies, Part-F, Vol. V (i) with reference to Ahmed, Leila, Women and Gender in Islam, pp.
64-65.
 24

“Women should have equal inheritance rights to those of men when the dissolution of
marriage is caused by the death of one of the spouses” (2000, para. 26).
General Comment Number 16 of the Committee on Economic, Social and Cultural Rights
echoes this statement: “Implementing article 3, in relation to article 10, requires States
parties … to ensure that women have equal rights to marital property and inheritance upon
their husband’s death” (2005, para. 27). In the Beijing Platform for Action, governments also
agreed to mobilise in order to “protect women’s rights to full and equal access to economic
resources, including the right of inheritance and the right to land ownership”.28
Islam is clearly a religion of justice, fairness and equality, principles that also form the basis
of international human rights law. By recognising the core ethical and spiritual values of
Quranic revelation, the egalitarian aspects of Islam and the inherent dynamism that allows the
religion to be sensitive to the changing needs of society, Islam and human rights norms can
be acknowledged to be entirely compatible.

28
Jawad, Haifaa A., (1988). The Rights of Women In Islam : An Authentic Approach, p. 61, MacMillan Press.
 25

CONCLUSION
Islam has raised women status in the society by issuing many laws to protect her and give her
an honorable and dignified life. Muslim personal laws has given diverse rights to Muslim
women such as preference in marriage, inheritance etc. Islamic law gives to the women a
certainly high social status after marriage. The Muslim woman has the liberty of marital
choice, her assent is vital for the validity of the marriage contract. The Islamic laws have
accepted women as free and responsible member of society. One of the most important
changes that Islam made on the society is giving women the right of inheritance. A woman
share of inheritance might be more, less, or equal to a men’s share, depending on the case and
the number of the survived relatives and their relation to the decedent.
Muslims personal law have not codified their property rights of Muslim women neither the
Shias nor the Sunnis. However, Ma-hr is a key concept in Islamic law which is unswerving
connected with the right to property of the Muslim women and empowerment of the women.
The preamble of the Act spells out the objectives of the act as the protection of the right of
Muslim women who have been separated by, or have obtained divorce from, their husband.
Sec. 3 of the Act speaks of a provision and maintenance while Sec. 4 talks only of
maintenance.
The Prophet reserved the power of divorce overcome by husband and gave to the women the
right of obtaining partition on reasonable ground. The divorced wife is at liberty to
maintenance and accommodation till her period of iddat expires. Indian Muslim women
always used to get fewer rights in terms of right to property in contrast to male. Furthermore,
Islam is the only religion that gives women fair rights of inheritance. The response of the
judiciary on the status on women under the Muslim personal law has been hesitant. Many of
the cases give the intuition that the role of our judiciary has been healthy and satisfactory. It
is interesting to note that, there have been important judgments favourable to Muslim women
even if not in landmark category, but very considerable.
 26

BIBLIOGRAPHY

PRIMARY SOURCES – It includes books, statutes, acts passed in relevance to the subject
and the topic.

BOOKS

1. Kusum, Cases and Material on Family law, page 413 & 414. Universal Law
publishing co. 3rd ed. 2013
2. Poonam Pradhan Saxena, Family Law Lectures Family Law II(2nd edn Lexis Nexis
Butterworths Wadhwa Nagpur 2008) 605

SECONDARY SOURCES – It includes cases decided by various courts, articles and

journals published and web sources available on the internet.

ARTICLES AND JOURNALS

• Bari. M. Ershadul, Dr. (1994). Human Rights in Islam with special reference to
women‟s rights, (p. 17) The Dhaka University Studies, Part-F, Vol. V (i) with
reference to Ahmed, Leila, Women and Gender in Islam, pp. 64-65.
• Tehrani, Hadavi, Mahdi, Hojjat al Islam (1999). Difference of Women and Men in
Islamic Jurisprudence http://www.imamreza.net/eng/imamreza.php?id=7340 cited
from Muhammad ibn Yaqub al Kulayni, Al-kafi, Vol. 7, p. 85.
• Iqbal Allama, the Reconstruction of Religious Thought in Islam. Karachi: Kazi
Publications. pp. 169-170. Smith Jane I, (1979).
• Women in Islam: Equity, Equality, and search for the Natural Order, p. 517,Oxford
Journal of American academy of religion. Vol. XLVII.
• Jamal, Abdul, Rafidah, (2005). The Issue on Inheritance for Women, p. 3, available at
http://www.bismikaallahuma.org/archives/2005/the-issue-on-inheritance-for-women/
accessed on 10/12/2020.
• Jawad, Haifaa A., (1988). The Rights of Women In Islam : An Authentic Approach,
p. 61, MacMillan Press.
• Iqbal Allama, the Reconstruction of Religious Thought in Islam. Karachi: Kazi
Publications. pp. 169-170.
• Dr. Archana Chaturvedi, Muslim Women and Law (Commonwealth 2004) 146
 27

• Subhash Chandra Singh, ‘Position of Women under Muslim Personal Law: Some
Observations’ in Neera Bharihoke, Rights ofHindu and Muslim Women (Serials
Publication 2008) 241
• A.O. Yekini (2008). Women and intestate Succession in Islamic Law, Logas State
University, Islamic Law and Law of the Muslim World, Research Paper Series, at
New York Law School, No. 08-49
• Coulson N.J, (1971). Succession in the Muslim Family, p. 150, Cambridge University
Press
• Qaradawy, Yusuf Ali, The status of Women in Islam, available at http://
www.witnesspioneer.org/vil/ (accesses on 09/12/2020).

CASES
• Mohd. Ahmad Khan v. Shah Bano Begum, AIR 1985 SC 945.
• Shamimara v. State of Uttar Pradesh (2002) 7 SCALE 183.
• Ali Ashghar v. Collection of Bulandshar, (1917) 39 All 574.
• Muhammad Kamil v. Imtiaz Fatima, (1908) 36 IA 210.
• Mohammad Zia-ullah v. Rafiq, AIR (1939) Oudh 213.

WEB SOURCES

• www.manupatra.com
• www.scconline.com
• http://heinonline.org/HOL/LandingPage?collection=journals&handle=hein.journals/h
astlj38&div=12&id
• http://shodhganga.inflibnet.ac.in
• (PDF) Rights of Muslim women: An Analysis of.... Available from:
https://www.researchgate.net/publication/274702838_Rights_of_Muslim_women_An
_Analysis_of_Indian_Muslim_personal_Law
• (PDF)Rights of Muslim women: An Analysis of.... Available from:
https://www.researchgate.net/publication/274702838_Rights_of_Muslim_women_An
_Analysis_of_Indian_Muslim_personal_Law
• Available at http://www.muslimpersonallaw.co.za/inheritancedocs/Property Rights of
India.
 28

• (PDF) Rights of Muslim women: An Analysis of.... Available from:

https://www.researchgate.net/publication/274702838_Rights_of_Muslim_women_An
_Analysis_of_Indian_Muslim_personal_Law
• http://shodhganga.inflibnet.ac.in
• http://shodhganga.inflibnet.ac.in
• (PDF) Rights of Muslim women: An Analysis of.... Available from:
https://www.researchgate.net/publication/274702838_Rights_of_Muslim_women_An
_Analysis_of_Indian_Muslim_personal_Law#pf6