Inheritance Right of Muslim Women

Abstract

Muslim inheritance law is one of the most formalized areas of Islamic law that establishes the distribution of a deceased person’s assets. One of its most important achievements is the recognition of women’s right to inheritance, which was a radical departure from pre-Islamic law, which kept women largely out of inheritance. This study explores the legal status of Muslim women in India through a historical account of the inheritance rights of Muslim women, an analysis of the principles of Muslim inheritance law and its relationship with the constitutional regime in India.

Doctrinal methodology is used, and the primary sources are the Holy Quran, Hadith, statutory provisions and judicial precedents with authoritativeness legal commentaries. It discusses the various classes of heirs, principles of succession and the shares allotted to daughters, wives, mothers, grandmothers, sisters under Muslim personal law. The study also examines some of the key differences between the schools of inheritance of the Sunni and the Shia, and the principles of obligatory shares, residuary succession, exclusion, and testamentary limitations.

The paper also explores the current controversy about the differential inheritance ratio between male and female heirs in the light of the principles of equality and gender justice as enshrined in the constitution. It examines the contribution made by the Indian courts to the protection of women’s rights in respect of their property rights and sheds light on some of the identified practical issues that still prevent the effective implementation of women’s rights in respect of their property rights. The study concludes that although Muslim personal law affords women legally enforceable inheritance rights, the real challenge is to bring these rights into fruition. An increase in legal awareness, better access to justice and effective implementation of available protections is crucial for Muslim women to receive their legal inheritance.