FAMILY LAW II

TITLE: Scope of Inheritance under Muslim Law- with special emphasis on gender and
sexuality.

KEY WORDS: Muslim Law of Inheritance, gender equality, sexuality, third gender,
deprivation

INTRODUCTION/BACKGROUND OF STUDY: -

There were and still are many loopholes and problems with the Muslim Law of Inheritance.
Women were and till date are not given equal rights as men. Muslims can claim their right of
Inheritance only through Muslim Law of Inheritance. This personal law governs all the
Muslims but fails to provide justice and equality to the Muslim women. Through ages, we
have seen women being discriminated because of their sex. There are also people who do not
fall under the category of either males or females. Whenever it comes to succession, only
males were given the preference; which might be because of the patriarchal mindset that
holds men superior. Now, the situation has been changed slightly. Women are now given
share in the property, but not at par with what men have; even now there is no provision
which deals with the inheritance rights of the sexual minority (people having different sexual
orientation).

RESEARCH PROBLEM:

Since ages women and minorities have been discriminated in all aspects and the principles of
inheritance under Muslim Law is no different, Muslim Law of inheritance is not gender
neutral and thus treats men and women differently. Discrimination against women is not the
only issue that we are concerned about; another important issue that is to be addressed
through this paper is the recognition of sexual minorities and provisions for their rights under
Muslim Law of inheritance.
REVIEW OF LITERATURE:

BOOKS:

1. Paras Diwan
2. Mulla

JOURNALS and ARTICLES:

1. Legal Change and Gender Inequality: Changes in Muslim Family Law in India by
Narendra Subramanian.
2. Inheritance of Indian Women: a perspective by Sona Khan.

RESEARCH OBJECTIVE:

1. To understand why is there discrimination in inheritance for Muslim women,

transgender and people belonging to other sexual orientation.
2. To find out possible solutions to remove this discriminatory practice.

RESEARCH QUESTIONS:

1. Are the Laws governing Inheritance under Muslim Law discriminatory on the ground
of sex?
2. What are the reasons for the discrimination faced by women and other minorities?
3. What does the future hold?

HYPOTHESIS:

Women, transgenders and persons belonging to any sexual orientation except

heterosexual, are discriminated as far as inheritance under Muslim Law is concerned.
RESEARCH METHODOLOGY:

This research will be a doctrinal research and the researcher have therefore collected
data from various books, Journals, Articles, etc.

TENTATIVE CHAPTERIZATION:

1. Introduction
a. Muslim Law of Succession
b. General rules of Inheritance

2. Property rights of Muslim Women

a. Rights of married women
b. Rights of unmarried women
c. Rights of a widow
d. Rights of a Muslim mother
e. Property rights of a Muslim daughter
f. Possible reasons for such practices

3. Provision for inheritance of property for transgenders and other non-binary sexualities.
a. Recognition of third gender under Islamic Law
b. Difficulties in inheritance
c. Possible reasons for such practices

4. Possible solutions to abolish such discriminatory practices

5. Conclusion

6. References
SUBMITTED BY: BA0180002
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