Muslim Women’s Inherent Property Right
Chowdhury Tanbir Ahamed Siddique:
Few days ago we had an international women’s day when we talked about several women’s rights. Like women’s freedom of expression, freedom of movement, women’s power, freedom of choice etc. Before talking about those rights we have to ensure women’s economic independence. FOr economical independence women can get a job, can do business etc but for doing those things women need to have such amount of property which every man already getting. That is inheritance from family. Most of our families avoid and ignore our women to hold their inheritance property. I think women should fight for this first, then others’ freedom will come automatically. Let’s know how much women can get inheritance from their family according to Muslim Law.
Wife: If the husband of any wife has died leaving his property, the wife will get some of them as inheritance. There are some conditions. If there is no child then the wife will get one fourth of the whole property. But when there are any child then she will get one eighth of such entire property of her husband. If the deceased person has multiple wife then such one fourth or one eighth property will be distributed between them(wives). Like there is no child but wives are double, then wives are entitled for one forth but each wife will get one eighth.
Mother: Mothers are also entitled to property of their deceased child. When deceased person have child or his son has child or he has two or more sibling then his mother will get one sixth of whole property. But when deceased person have no child or no child of his son or sibling not more then one, then mother will get one third of the entire property.
Again, when the deceased person’s father and husband/wife are alive then after giving the spouse, the mother will get one third of the remaining property. For example, if the deceased person’s father and his/her spouse are alive then at first such spouse will get property first then mother will get one third of the remaining property. Need to understand, not one third of the whole property, one third of the rest property which will be left after giving the spouse.
Grandmother: Grandmother also a sharer as inheritance of deceased person. Paternal grandmother (mother of father) will get one sixth of the deceased person’s property. But there is a condition. Mother of the deceased person must die.
Another interesting condition is if the father of the deceased person is alive, he must get some portion of his dead child’s property. So if the father is alive then the paternal grandmother will not get any property. One sixth of the property will go to my maternal grandmother (mother of mother).
Daughter: Daughter is entitled to property of her deceased father. If there is no son and daughter is single then she will get half of the whole property. But when at least a son is absent but daughters are multiples, then daughters are entitled for two thirds of the entire property. Two third will be distributed between all the daughters.
But when daughter and son both are present, then daughter will get half of her brother like daughter:son=1:2
Daughter of a son: Granddaughter can get property from her grandparents if the deceased person has no son, no daughter and no grandson. In that situation she will get half of the property if she is alone. But when there are more than one, then two thirds of the property will be distributed between them equally.
Exception: If the deceased person has only one daughter, then granddaughter will get one sixth of the whole property.
Sister: When a deceased person has no son, no daughter, no grandson, no granddaughter, no brother, no father then the sister will get half of her brother’s property. If there are more than one then they will get two thirds of the property and that will be distributed between them equally.
Step sister: Step sisters are two kinds. One is father is same but mother different, another is mother is same but father different.
Let’s see when the father is the same, mothers are different. When a deceased person has no son, no daughter, no grandson, no granddaughter, no brother, no sister, no step brother(mothers are different), no father, then the step sister will get half of the property if she is alone. But when step sisters are more than one, they will get two thirds of the property and that will be distributed between them equally.
Exception: When sister is alone, then step sister will get one sixth of the entire property.
Now, a step sister’s mother is the same and the fathers are different. This step sister will get one sixth of the deceased person’s property. But the condition is that a deceased person has no ancestors from his or her father and no incoming generation from his or her child.
When in our country all the women will get their inheritance property properly, then our women will be independent and our country will be economically independent. I wanna say, if you give me an economically independent mother, I will give you an independent nation.
Chowdhury Tanbir Ahamed Siddique: Writer, Researcher, Land Surveyor.