Inheritance rights of Muslim Women: An assessment from Quranic perspective

Introduction

As the seventh century began, people from all over the globe began to settle into three main continents: Asia, Europe, and Africa. For whatever reason, a sizable portion of the population belonged to the same racial or ethnic group. The Arab world is centered on the Arabian Peninsula. Since Islam had not yet been revealed, the period immediately preceding Islam in Arabia is known as the Age of Jahiliyyah, literally "Ignorance," due to the widespread immorality and lack of understanding that pervaded society during that time. There was a lot of instability in Arabian life due to the regularity of raids and inter-tribal conflicts. Also, the weak were the targets of various unfair behaviors. Prejudices and grievances of the period disproportionately affected women. They were not granted the right to inherit and were instead viewed as mere belongings.

Islam arose as a response to these injustices, championing gender equality[1] and securing legal protections for women.  Unfortunately, many of the ways Muslim women are treated now are very similar to the ways things were during Jahiliyyah's time. The male-dominated community structure in Islamic nations now has a greater impact on women's status, as do long-standing traditions that hinder equality and negatively impact gender relations. 

This article takes a look at the inheritance privilege that Muslim women have according to Sharia law, which is often disregarded by society. This subject delves into the topic of cultural traditions in Muslim countries and how they shape people's understanding of gender relations. Specifically, it examines how this influences the interpretation of Islamic law governing women's inheritance rights, rather than the revealed law.

Background 

Women in the Jahiliyyah Period (Arabia Before Islam) Social stratification, dominance dynamics, and prejudice formed the foundation of Arabian civilization prior to the arrival of Islam.[2] The strong controlled the weak; it was the only rule in the area. In a civilization where the tribe had paramount importance, tribal law served as the supreme authority. Many immoral and cruel acts existed in pre-Islamic Arabia. The civilization deeply embedded practices like as female infanticide, the sale of weak men and women into slavery, raids on tribes and trade caravans, the enslavement of females as concubines, and usury.[3]

Women were deprived of their rights and viewed as the male's personal property—that is, as an integral part of his possessions—with little to or no control over their future.[4] In addition, women were prohibited from inheriting from their parents who had passed away. Only mature men who embodied strength and solidarity and spoke the truth during the battle were eligible for inheritance[5]. Since male relatives of deceased husbands typically inherited their deceased wives, a woman was included in the inherited estate[6]. As a result, the woman joined the family of her late husband rather than maintaining her inherited rights.[7] It was also unlawful for young men and women to inherit[8].

The females of the family or tribe were buried alive while they were young, or even at birth, as they were considered a burden.[9] Another reason for not wanting to have daughters was the shame and embarrassment that would befall upon  the family and maybe on the entire tribe if young girls were abducted in a raid by another tribe that had invaded or by a group of homeless people and criminals.[10]Because girls were expected to marry off and abstain from tribal activities, boys were preferred because they could contribute to the tribe's prestige by increasing the family's wealth and power.[11]

Khadija was a prosperous merchant who dealt with merchants and successfully led commercial convoys to the Levant, demonstrating her worth in the face of the pervasive corruption in the Arabian region. For women, achieving financial independence is a powerful symbol of empowerment and a boost to their self-esteem. Muhammad was supposedly spared the burden of providing for his family by Khadija's immense wealth. This allowed him to dedicate himself to meditation, which in turn prepared him for his prophetic mission. For his mission to spread Islam, she was an indispensable source of confidence and support[12]. The literature states that Khadija came from a very affluent family with deep commercial and trading ties[13]. So, she was shielded from the sinful customs that were common in Mecca at the time by her loving family. This brings up the question of whether or not men in contemporary Muslim nations are up to the task of protecting their wives and daughters. In the name of safeguarding their wives, sisters, and daughters, these men revert to keeping them from pursuing their rights to an education and a career. What modern-day men have to offer that Khadija's male guardians could not, given that they honored and protected her in a culture that executed infanticide on females, enslaved them, and sold them as slaves? 

Women in the Dawn of Islam 

The advent of Islam has fundamentally transformed the whole human realm up to the present day. Islam adjusted some existing social behaviors and practices in the Arabian peninsula, nurtured others, and yet terminated ones which were incompatible with the revealed rule. The Prophet Muhammad stated Islam's objective as follows: “I was sent to uphold and complement ethical values.” (Ahmad recounts, 2/381, H / 8939).14 Additionally, Islam envisioned new norms for living in an atmosphere in which all humans gained equal rights and duties. Although the tribe of Quraysh, among others, strongly rejected Islam and fought it for decades, there is no indication in the literature that female standing in society was one of the primary grounds for this rejection. Islam gave women privileges that were perhaps not upheld in Muslim nations today and were not customarily enforced in Arabia throughout the period of Islam.[14]Among these rights are the ability to own and inherit property, pursue education, retain earnings or inheritance, retain one's maiden name after marriage, receive the dowry, decline marriage, request a man's hand in marriage, retain one's own finances after marriage, and choose to file for divorce.[15]

This article's discussion makes a comparison between the lives of Muslim women in post-Islamic Arabia and contemporary Muslim societies. The emphasis is on the inheritance rights that Muslim women are entitled to under Islam, but which are not sufficiently upheld in everyday life. Further details on this subject are provided in the sections that follow.

Women’s Right to Inheritance in Islam   

"The transfer of the deceased person's property to the living [kins] along with any other transferable rights" is the definition of inheritance.[16] Arabia was a tribe-based society before to the advent of Islam, with each tribe's primary goal being to hold onto its dominant position in the area. As a result, the stronger adult males who could defend their belongings and the tribe were the only ones with inheritance.[17]

In Islam, upon the passing of their guardians, every single person—regardless of gender or age—is not eligible to inherit. Tribal unity was replaced with "the solidarity of the ummah, a brotherhood of believers that was to transcend all tribal and racial loyalties" with the rise of Islam.[18]

According to Shari'a law, inheritance rules govern the heirs' access to the deceased's estate as well as their succession to any rights that may be transferred. These rights include property rights as well as debt and compensation rights on behalf of the deceased.[19]

Because Islam did not forbid and rather favoured widow inheritance, Muslim women have a dignified status in all spheres of life, including the right to inherit. This is a significant advancement for women's life in a society where inheritance was reserved for adults who could fight and where females and children were not allowed to share in the deceased's wealth.[20] 

According to the Hanafi doctrine, there are seven types of heirs in Islam: Quranic heirs, agnatic heirs, uterine heirs, successor by contract, acknowledged kinsman, universal legatee, and escheat.[21] The succinct definitions of each category are provided below:

Quranic Heirs: According to the Quran, the share of the "sharers," or Quranic heirs, is as follows: "If there are only daughters, then their share is two-thirds of the inheritance; if there are only one or two, then her share is half." If the deceased left children, each parent would receive a sixth portion of the estate; if the mother is the only heir and the deceased left brothers or sisters, she would receive a third share. (The distribution is always made) following the settlement of any obligations or legacies he may have left behind.[22]

The verse states that female heirs receive inheritances first, followed by male heirs. If windows in Islam have children with their deceased husbands, they are entitled to eight of their husband's estate, rather than being inherited as part of the property as was the case in pre-Islamic times. One-fourth of the share if she is a widow without children and is not remarried. When there is polygamy, the wives divide these sums among themselves.[23] The remainder of the agnatic heirs is reduced by the husband and wife, who are heirs by affinity. In the event that his wife is childless, the husband inherits one-fourth of her estate.[24]

Agnatic Heirs: The male relatives descended from men make up the agnatic heirs, who receive the remaining portion after the Quranic heir is divided. Apart from men, this category of heirs includes four categories of female agnates; namely, daughter with son, son’s daughter, full sister, and consanguine sister[25].

Uterine Heirs: This class of heirs includes blood relatives who do not belong to the first two classes: the Quranic and the agnatic.

Successor by Contract: The phrase "successor by contract" designates a certain kind of heirs who have a contractual right to inherit from the deceased. According to Islamic law, a person may specify in their wasiyyah (will) how up to one-third of their estate should be divided, deviating from the conventional inheritance guidelines previously discussed[26].

Acknowledged Kinsman: This is the heir who, while not always a blood relative, is recognized by the deceased as a legitimate heir

An universal legatee: is a beneficiary designated by the deceased in a will, who can inherit all of his assets if there are no living blood heirs.[27].

Escheat: refers to the transfer of an estate to the government as the ultimate heir when the dead does not have any living blood heirs or other heirs.[28]

Due to the particularity of these Shari'a regulations, a whole field of study called the "science of inheritance" has developed.[29] It is possible to go into even more detail when discussing these regulations. "For males is a share of what the parents and near relatives leave, and for men's part of what their fathers and grandfathers leave, and for women is a required portion of the inheritance from parents and close relatives, regardless of how much or how little.[30] Women in Islam have the same inheritance rights as men, albeit the percentage that each gender receives is not necessarily the same. Male heirs receive twice as much as female heirs, as stated in the Qur'an verse.[31]  When read and repeated in a way that Muslim women perceive as unfair and discriminatory, this component of the verse—the male's twofold share—is unfortunately common. To add insult to injury, the stanza does not come with an adequate explanation of why it was revealed, which would have helped readers to better grasp it.

Muslims expect men to support their families financially, whereas women are frowned upon for spending money on anything other than themselves.[32]  Hence, men are entitled to a larger portion of the inheritance[33].If a woman is the only provider for her family, including any children under the age of 18, she is not required by Islam to work outside the home, but males are.[34] How to handle an orphan's portion of the inheritance is explained in the following verse: "And afflict orphans until they reach the age of maturity."And keep the orphans in a marriage-ready state until they prove themselves. Release their property to them if you think they have good judgment. And don't eat it all at once or in excess, because you should wait till they're older. Whoever is responsible for looking after someone should be able to handle themselves refrain from accepting payment; and those who are impoverished should be allowed to take what is considered reasonable. After that, put witnesses onto them when you give them their stuff. Allah alone is competent as an auditor. Marriage, adolescence; if you think they're judgmental, give them their money.[35]  The verse suggests that the guardian of an orphan should wait to give the child their share of the inheritance until they are old enough to marry and take care of themselves financially, rather than spending it all on the child's upbringing.

Muslim women are fully entitled to keep and use their own money anyway they see fit[36]. The recognition of women's economic independence is reflected in the affirmation of their ability to inherit and administer property without the need for male guardians. This system of supervision and all-encompassing guardianship is traditionally male-dominated.[37] That is the essence of being a mahram or qawwam "male guardian," a role that is commonly understood as enforcing male dominance over females and establishing the man as the sole, privileged head of the household. There are various forms of guardianship that fall under the umbrella term "qawama." For example, a husband may act as a provider for his wife, while a father or other male relative may legally arrange for his ward's marriage.[38]

In Islamic law, women do not necessarily receive half of the male heirs' portion of the estate. In Islam, men and women have traditionally been granted an equal portion of the inheritance. Women receive one third as ownership and another third as maintenance and dowry, for a total of two-thirds of the property owned by both men and women[39].

In some cases, a woman's share is greater than or equal to a man's. In one scenario, the daughter gets half of the bequest if the decendent leaves behind a mother, a father, and a wife. If there is just one daughter, her portion is half, and if there are two daughters and one son, each parent receives one-sixth of the inheritance. The wife receives one-eighth.[40]

The deceased male parent's share of the inheritance is smaller in this case compared to the portion received by the daughter. In addition, a living father's income could be half of what the surviving mother earns, double of what she earns, or the same. This section of the scripture represents "a plain desire by God to secure a grieving mother first, over and above a grieving father.[41]" An act as monumental as passing such a legislation would be a public declaration of the special and indisputable role that mothers play in the universe.

In addition, the Qur'anic perspective highlights women's distinct financial identity by not merging both parents into one inherited entity.

When a person dies leaving behind a daughter and a spouse, the female successor typically receives a larger portion of the estate than the male heir. The bequest to the female heir is larger than that to the male heir. In this, the daughter gets half of the whole bequest.

Another situation, when  the husband just gets a quarter. "And for you is half of what your wives leave if they have no child,"he says. However, in the event that they do have a child, you will receive one-fourth of their estate, following any bequests or debts.[42]

Last but not least, consider a legacy in which the male and female beneficiaries each receive an equal share. For instance, in the event that a person dies without leaving any descendants or ascendants but does have a brother or sister, then for each of them is a sixth. If there are two or more siblings, then the number of recipients is divided equally among them. Assuming no harm has been done, if there are more than two, they will each get one-third following any bequests or debts.[43] Status, roles, and responsibilities of both sexes determine the distribution of inheritance. But certain modernist readings of inheritance-related Quranic texts have called for inheritance equality as a reform of “fiqh legal norms”. The section that follows elaborates on this subject. 

Modern Islam's Revamp on Women's Inheritance Rights What was formerly thought of as classical or conventional religious thought was fundamentally altered by changes in the Muslim world at the turn of the twentieth century. Attempts to reform social life by reinterpreting Islamic sources and exegesis were once met with resistance from conservative traditionalists who maintained that Islamic law is an unquestionable rule in Islam and that secular Western ideas and paradigms constitute an "external encroachment"[44]. Works authored by thinkers and the efforts to revitalize Islamic principles were recognized by thinkers like Qasim Amin, Al-Tahir Al-Haddad, and Allal Al-Fasi. Fighting for gender equality and other aspects of Islamic reformation during that time was fraught with peril, including accusations of heresy and banishment.[45]

But in many Muslim nations and Islamic communities, traditional Islamic discourses, family law, and personal status problems have experienced a major and notable renaissance since the 1970s[46]. The traditionally male-dominated fields of traditional fiqh and Quranic exegesis have been updated to reflect contemporary Islam. The ever-shifting economic climate necessitates adjustments to the application of fiqh law. Important societal issues, including the advancement of women, were intertwined with changes in politics, society, and culture.[47]

Nowadays, unlike when the Quran was revealed, women are making direct monetary contributions to the well-being of their families, communities, and societies. A woman—a daughter, wife, or sister—may be helping out financially around the house, and she may be the only breadwinner for the family, which means she may have to choose between paying for the education of her children or supporting an adult who is out of work. In this setting, according to the Quran's inferences about family duties, women's part of the inheritance must be at least equal to that of the male heirs[48]. The idea of “qawama” is also updated in this respect. For instance, in Egypt, where men and women equally contribute financially, there have been proposals to split the qawama between the spouses as a result of poverty[49] and other worsening socio economic circumstances in many Egyptian households today.

Muslim women's education is becoming more and more of a priority. "Raise her son in the conviction that he must possess the scientific tools of the age, and at the same time he must understand Islam, politics, geography, and current events," a Muslim woman says, adding that she must be well-versed in politics and an expert in the Quran and sunnah. "The Islamic nation must be rebuilt," he must say[50]. A fresh wave of female social actors—activists, scholars, legislators, jurists, and even creators of religious knowledge—has entered the field of Islam's revival. Whether they call themselves Islamic or not, they do not necessarily consider themselves feminists.[51] Because of their involvement, the terms of the argument have changed, which will have far-reaching effects.

When viewed through the prism of “ijtihad”, or independent rational reflection on the legal stipulations in Shari'a rules, the Islamic social domain's inheritance policy can be updated to reflect the realities of modern life, which include ever-shifting economic realities and other changes on all levels. Unlike traditional legal theory, which posited a strict hierarchy of authoritative sources and left little space for ijtihad, this contextualization takes a far broader view.[52]

In order to protect the rights of women in today's society, Islamic Classical Inheritance Law has been extensively revised. More flexibility for the testator to leave particular sections of their estate as they choose has emerged in modern Mulsim nations.

According to conventional understandings of Shari'a law, did not exist.[53]  While a testator in Sudan, Iraq, or Egypt has complete discretion over the distribution of one third of his inheritance, in Tunisia or Somalia, he or she may exercise this discretion over more than one third of their assets with the agreement of all other heirs.[54]  It is possible to exclude male heirs from the entire inheritance matter in Iraq under specific circumstances, such as when women are the principal beneficiaries, because the nuclear family takes precedence over the extended family[55].  In Oman, if the testator's will specifies how to divide up an inheritance between a grandpa and daughter, the judge will adhere to that plan unless all of the heirs agree to follow Omani law.[56]

The issue of what happens to a child when one parent dies before the child's own parents is another area where Islamic inheritance law has been revised. In this instance, the grandchildren do not have any inheritance rights from their grandparents because of traditional Islamic law. But grandkids can inherit a portion of what their parents would have gotten if they were still alive. In Pakistan, Syria, Morocco, and Egypt, this type of bequest known as zar'a (implanting) is mandated by law. Tunisia allows heirs[57] from both the son's and the daughter's families to inherit their grandparents' inheritance, unlike these other countries where only the daughter's children can inherit.

Adopted children do not automatically inherit the same proportionate share of an estate as biological relatives, and they do not take the family's name. One way around the system of fixed family entitlements is to leave the adopted child a third of the estate, which is not subject to family law but is considered a civil contract[58].

Gender equality in inheritance has been advocated for in Tunisia since the 1930s. The Tunisian thinker Al-Haddad laid the groundwork for a reexamination of fiqh legal principles pertaining to gender equality in all spheres of life and in all matters of inheritance in his book[59]. Modern Tunisia has done away with the Maliki provision; therefore, the wife's heirs can now be counted toward the residue. This policy has also been implemented in Pakistan, Sudan, Syria, Egypt, and India.[60]

It is best to respect full gender equality in inheritance in Somalia, a country that favors the nuclear family above the extended family according to Somali family law. According to this law, a widow or widower is entitled to one-fourth of the state if they are without children or grandchildren, and one-half if they are.[61]

Inheritance limits are one example of how the Quran's treatment of gender reveals a social order that has its roots in the past. In light of this new economic and social order, we return to the conventional wisdom about the Qur'an's interpretation, which ignores these social factors. Efforts to modify Islamic family law, including inheritance laws, have met with limited success, despite shifts in economic reality, in part because such reforms do not necessarily lead to the appropriate implementation in the real world for a number of reasons, the most bulk of which stem from male supremacy.

The intertwining of cultural traditions and Sharia law raises concerns about the potential reinforcement of masculine dominance over women in the Middle East. This practice has unfortunately progressed to the point of male reverence, which is disastrous. Regarding this matter, Islam is not at fault; instead, significant measures should be implemented to enhance societal notions and beliefs in order to educate both sexes about the genuine essence of Islam.[62] Improving religious education in these communities is essential if we want Muslim people to understand that Islam encourages a harmonious relationship between sexes, that women are not second-class citizens, and that each person has a purpose in this world.

Protests of this kind have been initiated by feminists and other advocates for women's rights around the globe[63] Activists and scholars from all over the world are raising awareness about the importance of Muslim women's rights in many areas, including education, inheritance, employment, and political participation. Their organizations are constantly making a difference in social, legal, and political reform.[64] It is often highlighted that transforming women's identities and shifting gender status toward its more equitable potential requires actively incorporating women's experiences and perceptions.

Women’s Inheritance Rights in Contemporary Islam

Given what has been said, it is clear that Islam has guaranteed women a fair and equitable portion of the inheritance. Things changed, though, and various cultures adopted Islam in different ways as time went on. In other words, cultural norms and traditions, the majority of which predate Islam, have had a significant impact on Islam[65].Not all cases also uphold the new family law reforms. Because of this, it seems like there are some major discrepancies between the current interpretations of the holy texts and their actual practices. In addition, Muslim women face more persecution and repression now than they did during the Prophet's time since their roles in society have been more marginalized and their rights have been reduced in various ways. A general outline of gender status in modern Muslim societies is provided before touching on the illegal and biased practices of granting women inheritance rights.

The role of men and women in contemporary Islam the majority of Muslim nations today are patriarchal, male-dominated civilizations where men control all the power at home. To rephrase, males in Muslim societies cast a larger shadow than women. The lady is subservient to the man's orders. One possible reason is that men's hegemonic assumptions of dominance and superiority are upheld through the manipulation of Shari'a law and the misinterpretation of Quranic scriptures. Eventually, these male-dominated views become so ingrained in society that they are considered fundamental to religion.[66]

Restrictions placed on women in the modern Middle East have little to do with Islamic teachings or even with the revised family law, and as a result, women seldom get to use their rights. For instance, in Mulsim countries, Muslim women do not have the same legal rights as men when it comes to marriage, divorce, inheritance, and child custody, among nearly all other issues.[67] The continuous practices of female exploitation and abuse have been perpetuated by these behaviors, which have further solidified the constrained inferior status of women in these communities.[68]

Saudi Arabia, Sudan, and Iran are just a few examples of nations where women are bound to wear full headscarves in public and do not hold positions of power[69]. Social constraints, referred to as cultural family law, persist in Saudi Arabia, despite recent legislative changes that have made it possible for women to drive cars. Because males associate female drivers with immorality and lack of modesty, they forbid their female relatives from behind the wheel, citing the embarrassment that would result from their actions.[70] That is to say, Islam is not the source of the social attitudes that lead to the ban on female drivers.

There is often a terrible price to pay for wealthy women who are brave enough to stand up for what they believe in. Fighting for one's rights as a woman can lead to accusations of disobedience, insubordination, and even rebellion against one's religious and social  institutions. This ruins her credibility, which might spell doom for her and other women in the members of her relatives.[71] These communities exemplify the worst kind of widespread inequality in rights and freedoms based on gender.[72]

A significant contributor to the current situation in the Middle East is the general public's ignorance on religious freedom, which disproportionately affects women. Because it is so deeply ingrained in Middle Eastern culture and thought, the majority of its inhabitants might not even realize it.[73] Looking closely at those countries reveals a systemic lack of awareness regarding women's rights. Efforts to change the status quo are slow, often greeted with resistance and rejection.

Islam guarantees women the same rights, duties, and punishments as men, yet it appears that men are the ones who really benefit from these provisions, whereas women are clearly not.[74].Middle Eastern societies indoctrinate both males and females by inculcating a single idea that forms the basis of their worldviews: men are inherently superior to women and must be venerated at all times. Females  learn to fear male authority figures from an early age, rather than being made aware of the constant presence of heavenly oversight. Consequently, women are supposed to take a second seat and let men have their way with most of the things that truly matter when it comes to developing one's character and self-esteem, including having a car, attending a prestigious school, and sports.[75]

Other forms of discrimination against women pertaining to their rights, such as inheritance, have emerged as a result of this gender gap in Muslim countries. Following this, we will go into further detail regarding this matter. 

Inheritance in Modern Islam 

Above, we established that Islam recognizes women's right to inherit as an equal heir to male heirs within the family. However, the distribution of this right is not necessarily equal, as it is determined by the heirs' socio economic status. Since he is entrusted with the care of his female relatives, the man is entitled to twice the portion of the inheritance as the other individuals he is responsible for[76]. A predetermined percentage of an estate is due to female relatives under Shari'a law, who are known as "Quranic heirs," before the bequest goes to immediate male relatives.[77]

The problem is that Muslim women nowadays do not always have complete access to this privilege in Muslim nations. The culturally and socially influential brothers-in-law and uncles of these women often exert control over them, allowing them to avoid or make advantage of their entitlement to inherit.[78] The situation is exacerbated when women, as is common in many parts of Egypt, are entirely excluded from inheriting anything.[79] In other countries, it is more common for older brothers to force their sisters to divide up their inheritance amongst themselves.[80] In some cases, women are coerced or targeted into giving their brothers a larger share of their inheritance in Pakistan and Bangladesh.[81]

Most people in Bangladesh don't know how to read or write, thus they don't have the religious background to properly apply the Islamic Law of Inheritance. The authorities in charge of law enforcement also fail miserably when it comes to actually implementing these policies.[82] In many cases, traditional Bengali customs forbid women from inheriting property since it is viewed as humiliating for them to ask about their inheritance until it is offered to them.[83] Since the majority of Turkish women do not want to acknowledge the inheritance rights of their male relatives, just 20% of women in the country own property.[84]

When a woman receives a respectable gift, she faces danger from both her husbands, who are avaricious with their portion of the estate, and other men who approach her about marriage.[85] Another common practice is for the woman's male relatives—usually brothers—to arrange for her marriage to a cousin so that her inheritance can stay in the family.[86]

One reason for this is the deeply ingrained patriarchal mindset in these "macho" nations, which denies women's inherent rights and maintains a social and cultural hierarchy that ranks men above women. Family law reforms and Islamic teachings, which condemn violence and sexism, are at odds with this way of life. On the other hand, Muslim societies are more influenced by tradition than by modern religion, which led to Islam's absence or manipulation of its position. Islamic thought, in essence, remains silent. Just Muslims have a say. Muslims speak from unique social and political backgrounds that impact their religious practice and representation, and no one else speaks in Islam's name.[87]

Conclusion 

The principles of equality and monotheism form the basis of Islam, which is more than just a religion with rituals. While Muslims as a whole agree on most of these concepts, non-Muslims and secular Muslims alike have cast doubt on the egalitarianism principle. Some have pointed to the inheritance problem as an illustration of Islam's sexism against women. This may be related to the idea that the non-application of proportionate Islamic inheritance law is the root cause of the alleged gender bias in Muslim nations. The Islamic legal code recognizes gender equality and states, "Women have rights similar to those [men] over them; while men stand a step above them.[88]" The most important institution in Islam is, without a doubt, the family. In a perfect world, families would guide younger generations in adhering to established standards and teaching their children reasonable expectations of social standing. Additionally, family helps to offer a stable environment, which lessens the psychological harm caused by stressful situations such as alienating jobs or schools. Put simply, it is the duty of the family to extend a warm welcome to all and create a secure haven where they may relax and unwind.

Islam promotes these vital goals by encouraging a welcoming atmosphere for families and by encouraging the growth of interpersonal and communal ties. Death and estate inheritance are just two examples of the many situations in which family unity is stressed. As a whole, the inheritance system is set up to maintain social and familial stability in an effort to build a realistic framework that targets income inequality and poverty. In addition, by explicitly and especially including women in every announcement on allocations, such a method emphasizes one's duties.[89]

But the truth is rather different. The majority of Muslims' deeds may not be in line with Islamic teachings. Socio-political and indigenous ideas have a significant impact on Islamic law in the modern world. Since women are a product of both religion and culture, it is impossible to avoid treating them from a cultural perspective, even though it can be difficult to distinguish between the two in Muslim nations.

Adherence to the privileges bestowed upon women during the time of the Prophet would greatly benefit Muslim women now. Most men in Muslim countries still hold the view that they have "inherent God-given superiority and authority over women," despite Islam's claims that it came to change the male-dominated mindset and improve life overall. Other unfair practices against women predating Islam persist in modern society, though in different manifestations across different eras and cultures. Gender equality and justice must be ensured by reforming the application of Shari'a law and revising Quranic interpretations and Muslim faith. The advancement of Muslim women's rights and autonomy has been greatly aided by such endeavors. Given the current rate of change, it is anticipated that Muslim women in Muslim nations will eventually have better access to the rights bestowed upon them by Islam than they do now.

[1] Natana J. DeLong-Bas, Islam: A living faith. (Anselm Academic, 2018), 55.

[2]  John Esposito, Islam the Straight Path. (Oxford University Press, 2016), 3.

[3] Ghaleb Saeed and C. Gurusiddaiah, "Jahiliyah Arab Culture, Pre and Post Islam," International Journal of Management & Social Science Research Review 7(2020): 42.        

[4] Margaret S. Crocco, Nadia Pervez and Meredith Katz, "At the Crossroads of the World: Women of the Middle East," The Social Studies 100, no. 3 (2009): 108.

[5] Esposito, Islam, 126.

[6] Rajaa Aquil, "Change and Muslim Women," International Journal of Humanities and Social Science 1(2011): 23.

[7] Mohd Anuar Ramli et al., "Women’s Right of Inheritance in Islam: Between the Sharia Provision and Demand of Socio-cultural Changes," Khazanah Hukum 5, no. 2 (2023):175.

[8] John Esposito and Natana J. DeLong-Bas, Women in Muslim Family Law, (New York: Syracuse University Press, 2001), 37.

[9] DeLong-Bas, Islam, 126.

[10] Hina Azam. Sexual Violation in Islamic Law: Substance, Evidence, and Procedure. (New York: Cambridge University Press, 2015), 56.

[11] Crocco, Pervez and Katz, "At the Crossroads," 110.

[12] Leila Ahmed, Women and Gender in Islam: Historical Roots of a Modern Debate, (New Haven: Yale University Press, 1992), 42.

[13] Feyza Cevherli, "As a Commercial Genius Khadija Bint Khuwaylid (RA) and Her Mudarabah Partnership with Prophet Muhammad (SAW)." International Journal of Islamic Economics and Finance Studies 8, no. 3 (2022): 301.

[14] Muhammad Faizul Haque et al., "Women Rights to Inheritance in Muslim Family Law: An Analytical Study." International Journal of Islamic Business & Management 4, no. 1 (2020): 15.

[15]Crocco, Pervez and Katz, "At the Crossroads," 110.  

[16] Muhammad Zubair et al., "The Laws of Inheritance in Islam," Journal of Basic and Applied Scientific Research 4, no. 8 (2014): 84.

[17] Esposito and DeLong-Bas, Women, 37.

[18] Id. at 4.

[19] Zubair et al., "The Laws," 85.

[20] Nasr Abu-Zayd, “The Status of Women between the Quran and Figh,” In Gender and Equality in Muslim Family Law: Justice and Ethics in the Islamic Legal Tradition, ed. Ziba Mir-Hosseini et al. (New York: I.B.Tauris & Co Ltd, 2013), 162.

[21] Esposito and DeLong-Bas, Women, 39.

[22] Surah Al-Nesa, verse 11.

[23] Esposito and DeLong-Bas, Women, 40.

[24] Id. at 39.

[25] Id. at 43.

[26] Rahman Md Habibur, Abu Talib Mohammad Monawer, and Noor Mohammad Osmani, "Wasiyyah Wajibah in Islamic Estate Planning: An Analysis," Jurnal Islam Dan Masyarakat Kontemporari 21, no. 3 (2020): 74

[27] Esposito and DeLong-Bas, Women, 42.

[28]Esposito and DeLong-Bas, Women, 43.

[29] Leena El-Ali, No Truth Without Beauty: God, the Qur’an, and Women’s Rights, (United Kingdom: Palgrave Macmillan, 2022), 130.

[30] Surah Al-Nesa, verse 7.

[31] Albert Hourani, A History of the Arab Peoples (Cambridge, Massachusetts: The Belknap Press of Harvard University Press, 2002), 121.

[32] Haque et al., "Women Rights, "19.

[33] Crocco, Pervez Katz, "At the Crossroads," 110.

[34] Aan Maftuhah, "Reasons for Allowing Muslim Women (Married) to Work Outside the Home," AKADEMIK: Jurnal Mahasiswa Humanis 2, no. 1 (2022): 30.

[35] Surah Al-Nesa, verse 6.

[36] Aïcha El Hajjami, "The Religious Arguments in the Debate on the Reform of the Moroccan Family Code," In Gender and Equality in Muslim Family Law: Justice and Ethics in the Islamic Legal Tradition, ed. Ziba Mir-Hosseini et al. (New York: I.B.Tauris & Co Ltd, 2013), 91.

[37] Ahmed, Women and Gender, 63.

[38] Ziba Mir-Hosseini et al., "Muslim Family Law and the Question of Equality," In Gender and Equality in Muslim Family Law: Justice and Ethics in the Islamic Legal Tradition, ed. Ziba Mir-Hosseini et al. (New York: I.B.Tauris & Co Ltd, 2013), 2.

[39] Mohsen Kadivar, "Revising Women’s Rights in Islam: ‘Egalitarian Justice’ in Lieu of ‘Deserts-based Justice’," In Gender and Equality in Muslim Family Law: Justice and Ethics in the Islamic Legal Tradition, ed. Ziba Mir-Hosseini et al. (New York: I.B.Tauris & Co Ltd, 2013), 220.

[40]Surah Al-Nesa, verse 11.

[41] El-Ali, No Truth, 136.

[42] Surah Al-Nesa, verse 12.

[43]Surah Al-Nesa, verse 12. 

[44] Leila Ahmed, Women and Gender, 193.

[45] Mir-Hosseini et al., "Muslim Family," 13.

[46] Esposito and DeLong-Bas, Women, 105

[47] Ahmed, Women and Gender, 128.

[48] El-Ali, No Truth, 137.

[49] Marwa Sharafeldin, "Egyptian Women’s Rights NGOS: Personal Status Law Reform between Islamic and International Human Rights Law," In Gender and Equality in Muslim Family Law: Justice and Ethics in the Islamic Legal Tradition, ed. Ziba Mir-Hosseini et al. (New York: I.B.Tauris & Co Ltd, 2013), 67.

[50] Ahmed, Women and Gender,199.

[51] Mir-Hosseini et al., "Muslim Family," 5.

[52] 5 Abu-Zayd, "The Status of Women," 164. 54 Mir-Hosseini et al., "Muslim Family," 5.

[53] Esposito and DeLong-Bas, Women, 109.

[54] Ibid.

[55] Ibid.

[56]Lynn Welchman, Women and Muslim Family Laws in Arab States: A Comparative Overview of Textual Development and Advocacy (Amsterdam: Amsterdam University Press, 2007), 24.

[57] Esposito and DeLong-Bas, Women, 110.

[58] Welchman, Women and Muslim Family, 148.

[59] Ziba Mir-Hosseini, “Justice, Equality and Muslim Family Laws: New Ideas, New Prospects,” In Gender and Equality in Muslim Family Law: Justice and Ethics in the Islamic Legal Tradition, ed. Ziba Mir-Hosseini et al. (New York: I.B.Tauris & Co Ltd, 2013), 21.

[60] Esposito and DeLong-Bas, Women, 109-10.

[61] Id. at 110.

[62] Haque et al., "Women Rights," 22.

[63] Asrorun Niam Sholeh, Nopriadi Saputra, and Adler Haymans Manurung, "The Awareness of Islamic Law as a Spiritual Factor in Family Resilience and Parenting Quality During the Covid-19 Era," Journal of Indonesian Islam 15, no. 2 (2021): 340.

[64] Welchman, Women and Muslim Family, 59.

[65] Hourani, A History,15.

[66] Esposito, Islam, 278.

[67] Janet Afary, "The Human Rights of Middle Eastern & Muslim Women: A Project for the 21st Century." Human Rights Quarterly (2004): 112.

[68] Esposito, Islam, 279.

[69] Afary, "The Human Rights," 109.

[70] Crocco, Pervez and Katz, "At the Crossroads," 111.

[71] Afary, "The Human Rights," 112.

[72] Sameena Nazir, "Challenging Inequality: Obstacles and Opportunities towards Women's Rights in the Middle East and North Africa," JIJIS 5 (2005): 31.

[73] Crocco, Pervez and Katz, "At the Crossroads," 110.

[74] Hourani, A History, 441.

[75] Haque et al., "Women Rights," 16.

[76] Hourani, A History,121.

[77] Esposito and DeLong-Bas, Women, 38.

[78] Valentine M. Moghadam, "Patriarchy in Transition: Women and the Changing Family in the Middle East," Journal of Comparative Family Studies 35, no. 2 (2004): 142.

[79] Sharafeldin, "Egyptian Women’s Rights," 69.

[80] Haque et al., "Women Rights," 19.

[81] Ibid.

[82] Afroza Bulbul, "Implication of Islamic Law of Inheritance: Ultimate Solution to Family Conflict," Asian Journal of Applied Science and Engineering 4, no. 8 (2014): 118.

[83] Issa Khan et al., "The Right of Women in Property Sharing in Bangladesh: Can the Islamic Inheritance System Eliminate Discrimination?" SpringerPlus 5 (2016): 4.

[84] Salih Yasun, "Does Education Enable Underprivileged Women to Achieve Real Equality in Property Rights? A Case Study of Inheritance Rights of Women in Turkey," In Women's Studies International Forum, vol. 69, (2018): 100.

[85] Moghadam, "Patriarchy in Transition," 144.

[86] Duman Bahrami-Rad, "Keeping It in the Family: Female Inheritance, in Marriage, and the Status of Women," Journal of Development Economics 153 (2021): 1.

[87] Scott Siraj al-Haqq Kugle, Homosexuality in Islam: Critical Reflection on Gay, Lesbian, and Transgender Muslims (Oxford: OneWorld, 2010), 34.

[88] Surat al-Baqarah, verse 228.

[89] Ziba, Al-Sharmani, Rumminger, and Marsso, Justice and Beauty in Muslim Marriage, 42.