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Women’s right to inheritance, shariah and pakistan’s laws
 

Women’s right to inheritance, shariah and pakistan’s laws

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    Women’s right to inheritance, shariah and pakistan’s laws Women’s right to inheritance, shariah and pakistan’s laws Presentation Transcript

    • Shagufta Omar dcw.da@iiu.edu.pkShaguftaomar@yahoo.com 30th Nov. 2011
    •  Women’s Rights Inheritance Previous Legal and Cultural Practices Inheritance and Shariah Perspective(Quran /Sunnah) Shariah and Women’s Right to Inheritance Women’s Right to Inheritance: Pakistan’s Law National Legislation, Legal Procedures Minor Girl Child’s Right Current Issues Related to Inheritance Burning Questions related to Social Malpractices Lacunas in Legislation/Implementation Recent Development Shagufta Omar, In Charge Dawah Centre for Women, 10/1/2012 Dawah Academy IIUI, Pakistan 2
    • Economical Social Cultural Civil Political Shagufta Omar, In Charge Dawah Centre for Women, 10/1/2012 Dawah Academy IIUI, Pakistan 3
    • Inheritance (components) Transfer of property of the deceased to legal heirs Estate Propositus (Property) Heirs(Deceased) (Movable and (Waris) (Mooris) Immovable) (Taraka) Shagufta Omar, In Charge Dawah Centre for Women, 10/1/2012 Dawah Academy IIUI, Pakistan 4
    •  What is left is national property, should not be passed on to anyone It is combined property of the family, should not be distributed Only males deserve the inheritance, no women should receive it Those males of the family who were capable of indulging in war could be heirs The eldest male child of the deceased was rightful heir Women could inherit share from movable property but not from immovable property Islam in 7th c gave the right of inheritance to women from movable as well as immovable property (She will be waris as well as mooris) Shagufta Omar, In Charge Dawah Centre for Women, 10/1/2012 Dawah Academy IIUI, Pakistan 5
    •  There is a share for men and a share for women from what is left by parents and those nearest related, whether, the property be small or large – A legal share. (An Nisa 4: 7) These are the limits (set by) Allah (for ordainments as regards laws of inheritance), and whosoever obeys Allah and His Messenger (Mohammad SAW) will be admitted to Gardens under which rivers flow (in Paradise), to abide therein, and that will be the great success . (An Nisa 4:13) Shagufta Omar, In Charge Dawah Centre for Women, 10/1/2012 Dawah Academy IIUI, Pakistan 6
    •  And whosoever disobeys Allah and His Messenger (Mohammad SAW), and transgresses His limits, He will cast him into the Fire, to abide therein; and he shall have a disgraceful torment. (An Nisa 4:14) Shagufta Omar, In Charge Dawah Centre for Women, 10/1/2012 Dawah Academy IIUI, Pakistan 7
    •  There is a share for women and a share for men….(An Nisa 4:7) Women receives inheritance in various positions under various circumstances: • Mother, sister, daughter, wife, grandmother (paternal and maternal), granddaughter (paternal and maternal), aunt (Paternal and maternal) Shagufta Omar, In Charge Dawah Centre for Women, 10/1/2012 Dawah Academy IIUI, Pakistan 8
    • Zawi’l Farud (Sharers)women 8, men 4Asabat (Residuary)women/menZawi’l Arham (Distantkindred) women/men Shagufta Omar, In Charge Dawah Centre for Women, 10/1/2012 Dawah Academy IIUI, Pakistan 9
    • Equal to Male• Parents of deceased• Siblings in case of absence of parents/children• Maternal sisters/brothersLess than Male• ½ for daughters, in presence of sons• In case of no sons 2/3 is shared among sisters/if only daughter she gets half, and the rest goes to her paternal brothersMore than Male• 1/8th of wife, is sometimes more than what her son gets Shagufta Omar, In Charge Dawah Centre for Women, 10/1/2012 Dawah Academy IIUI, Pakistan 10
    • Mother’s share: Zawil Faruz (Sharer) (An Nisa 4;11)• with children 1/6th for mother and father• Without children 1/3rd• With brothers and sisters of deceased 1/3rdDaughter’s share: Zawil Faruz (Sharer) (An Nisa 4;11)• Only one daughter/no son: ½ of inheritance• Two or more daughters/no son: will share 2/3 of inheritance• Daughters and son: ½ of a son Shagufta Omar, In Charge Dawah Centre for Women, 10/1/2012 Dawah Academy IIUI, Pakistan 11
    • Wife’s share: Zawil Faruz (Sharer) (An Nisa 4:12)• with children 1/8th• without children 1/4th• in case of more than one wife: will share from 1/8th or 1/4thSister’s share: Zawil Faruz (Sharer). Will get share inthe absence of children or parents or grand parents• Real sisters• Father related• Mother related Shagufta Omar, In Charge Dawah Centre for Women, 10/1/2012 Dawah Academy IIUI, Pakistan 12
    • Grand Mothers (Paternal/Maternal)• Zawail Faruz (Sharer)• Will get share in the absence of parents• 1/6th if one, if more will share 1/6thGrand Daughters (Paternal )• None if son is alive• None if no son but 2 daughters• ½ when one grand daughter with no son/daughter• 2/3 when 2 or more grand daughters Shagufta Omar, In Charge Dawah Centre for Women, 10/1/2012 Dawah Academy IIUI, Pakistan 13
    • Step Raza’t No bloodRelations Relations Relations Adopted daughter Daughter in mother mother law(Bahu) Mother in law (SAS) daughter Daughter Chachi sister sister Mami Shagufta Omar, In Charge Dawah Centre for Women, 10/1/2012 Dawah Academy IIUI, Pakistan 14
    • In case of Jahaiz (Dowery) given?• Women will be entitled to inheritanceIn case of divorce or husband’s death• In case of remarriage widow of deceased will get the nheritance• If dower(Mehar) was not paid will be paid from inheritance first• If a man gave revocable divorce, wife will get inheritance• If a man gave irrevocable divorce, wife will not get her share• If a woman gets khula before husband’s death, she is not entitles for her share In case of wife’s death?•If wife dies without receiving dower (Mehar),it will be included in herinheritance Shagufta Omar, In Charge Dawah Centre for Women, 10/1/2012 Dawah Academy IIUI, Pakistan 15
    • Constitution• Article 23, recognizes the right of all citizens including women to own property and indulge in any lawful businessShari’at Application Acts 1948. 1962• Share holders getting their due share according to Shari’at Application Acts Shagufta Omar, In Charge Dawah Centre for Women, 10/1/2012 Dawah Academy IIUI, Pakistan 16
    • No Codified Law• general law/civil law/ shariat application actMovable property• Succession ActImmovable property• Revenue office, Tehseeldar/patwari Shagufta Omar, In Charge Dawah Centre for Women, 10/1/2012 Dawah Academy IIUI, Pakistan 17
    • Ambit• Magistrate/Civil courts• District/session courts• High court• Supreme courtRural/urban divide• in rural possession through partition• In urban possession after getting wirasat namaCourt fee• 10-15 thousands Shagufta Omar, In Charge Dawah Centre for Women, 10/1/2012 Dawah Academy IIUI, Pakistan 18
    • Nature of estate• Agricultural land/Urban land?• Movable or immovable property?Acquisition of transfer papers• Registration in revenue office for rural land• Acquiring wirasat nama for urban land• Acquiring succession certificate for movable propertyFiling suit/case in court• For agricultural land in tehsildar court• For urban land in civil court• For movable property in civil court Shagufta Omar, In Charge Dawah Centre for Women, 10/1/2012 Dawah Academy IIUI, Pakistan 19
    •  Can own but not operate their property Appointing a guardian through court for handling of property If to be sold, with the permission of court, will be deposited in the account of the child or spent for her welfare Parents, though natural guardian, still require permission to become a guardian for handling of a minor’s property Shagufta Omar, In Charge Dawah Centre for Women, 10/1/2012 Dawah Academy IIUI, Pakistan 20
    •  Muslim Family Law Ordinance 1961, Section 4 Shariah perspective Federal Shari at Court Decision concerning this issue (PLD/2000FSC1) Appeal of government against the decision in Shari at Appellate bench of Supreme Court Shagufta Omar, In Charge Dawah Centre for Women, 10/1/2012 Dawah Academy IIUI, Pakistan 21
    • Benevolent Funds given in Fund or Pension Recognition ofGroup Insurance some services Compensations Dyat After (distributed on the principle of accident/calamity inheritance) Shagufta Omar, In Charge Dawah Centre for Women, 10/1/2012 Dawah Academy IIUI, Pakistan 22
    • Provident Fund• It is personal property of deceasedRoyalty of books• It is also intellectual property of deceased generating money Shagufta Omar, In Charge Dawah Centre for Women, 10/1/2012 Dawah Academy IIUI, Pakistan 23
    •  Can a woman’s right to inheritance be write off? Haq Bakhshawana/Marriage to Quran. No If a brother is maintaining his sister can he withhold or deny her share? No Shall a woman surrender her share on fear of poor/tense relations with brothers? No Can Jahaiz (dowry) compensate for inheritance? No Can sisters allow to delay distribution of property until their brothers’ studies completion/job acquisition? Yes Is there any time limitation legally, for a woman to demand her share ? No, Law of limitation is not applied in inheritance cases. (2002 CLC, 2001) Shagufta Omar, In Charge Dawah Centre for Women, 10/1/2012 Dawah Academy IIUI, Pakistan 24
    •  No proper codified law According to a general rule set in SHAA 1948. 1962, it will be divided according to Shariah principles No provisions for penalties on violation Not included in the ambit of family courts Shagufta Omar, In Charge Dawah Centre for Women, 10/1/2012 Dawah Academy IIUI, Pakistan 25
    •  Bill titled ‘Khawateen Dushman Rawayat ka Imtana (Criminal Law Amendment )is passed from National Assembly in Nov. 2011, including inheritance issues of women, partially Yet to become a law after due process of passing through senate Malpractice of Haq Bakhshawana/Quran Marriage is declared a crime with penalty of 3 to 7 years imprisonment and 10 lac fine Other practices for avoiding women’s due share in inheritance either movable or immovable property, will be dealt with penalties of 5 to 10 years imprisonment or 10 lac fine or both These crimes will be un bailable Shagufta Omar, In Charge Dawah Centre for Women, 10/1/2012 Dawah Academy IIUI, Pakistan 26
    •  Wirasat ki Taqseem: Kia, Kyoon aur Kaisey by Women Aid Trust Haq-e-Wirasat: Jadeed Daur ke Masail by Women Aid Trust Shagufta Omar, In Charge Dawah Centre for Women, 10/1/2012 Dawah Academy IIUI, Pakistan 27
    • Thanks