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11-26-2020     3 رجب 1440

Ancestral Property Rights of Daughters and our Societal Dogma

November 21, 2020 | Aabid Mushtaq

Our society is a heterogeneous, coexistence of people with different religions, races, cultures. A society based on unequal and unreasonable rules is an underdeveloped and uncivilized one. Religiously rules, customs and traditions have marvelous positions in any matter and religions never allow inequality and injustice. Any custom that is teaching inequality due to some superstitious ideas must be struck down with the applications of constitutional law of the land. The unconcern of not providing ancestral property rights is ultimately the vitiation of natural justice, rejection of religious principles and some basic or fundamental rights of women. 

Islam is the first religion of the world, which recognizes women as legal entity and gave her all rights that man enjoys. Islam brought about freeing of women from bondage, gave her identical rights, and recognized her uniqueness as human being. Islam improved the status of women by instituting rights of possession, ownership, inheritance, education, marriage and divorce. The Quran came out with a thorough declaration that men and women are equal and women’s rights are equal to their duties.
What Islam teaches us about equality is indeed a grand norm for any of the country to make its societies balancing and equally equal. The condition of women had always been subject to male members of the family. When we take up the issue of women’s ancestral property rights, our societies tend to escape from this, becomes more hypocritical, patriarchy and narrowing its duties. This issue has taken a shape of a deep social evil, which is though clearly depicted and defined. The Quran injunctions in respect of women are not acceptable in a particular culture, given that the injunctions directly challenged the apparent authority of men and made women equal to men in every respect. The un-clarity in the various rights and various analyses of Quran pushes women towards the most difficult positions. Moreover, many baseless fatwa’s most of the times go against the right of the Muslim women. Muslim women always remain the most economically and publicly depressed section in Muslim community itself. We have to understand that the daughters hold some sought of rights from the ancestral property and are equal heir of their parents as the son tends to, undoubtedly the different distribution but have been conferred rights by religion and domestic laws of land as well. The staggering self-styled rules, concocted customs, unreasonable and invalid approaches of our exaggerated patriarchic practices which bars daughters from getting property rights are unprecedented for their dignity and the principles of equality, liberty and justice. I am sure that many people will say that their parents or families give their daughters a share in property but that is an exception rather than the norm. In fact, it is an important aspect about which awareness in the society should be raised and since it comes under Muslim Personal Law, its application in practice should be ensured and enforced. we need to ensure that customary laws that implicitly justify the economic deprivation of women are discouraged. In these matters most of the society is quiet when Muslim personal law is not followed, simply because it serves the need of the powerful and sadly, women give in so quietly.
Under Muslim law, the rules of inheritance are rather strict. A son takes the double share of a daughter; on the other hand, the daughter is the owner of whatever property she inherits. If there is no brother, she gets half of a share. It is legally hers to manage, control, and to dispose it when she wants. Recently a Supreme Court, in the case of Vineeta Sharma V. Rakesh Sharma & Ors, A three-judge Bench headed by Justice Arun Mishra ruled that a Hindu woman’s right to be a joint heir to the ancestral property is by birth and does not depend on whether her father was alive or not when the law was enacted in 2005. The Hindu Succession (Amendment) Act, 2005 gave Hindu women the right to be coparceners or joint legal heirs in the same way a male heir does. “Since the coparcenary is by birth, it is not necessary that the father coparcener should be living as on 9.9.2005. The changing times have analytically brought some new additions and have changed the scenario of the existing discriminatory setup in Hindu coparcenary laws. The different religions are imbibing the principles of Islam for the betterment and equal setups of their societies but unfortunately, our society has deep-rooted farrago patriarchic attitude that casts a slur on our religion and its civilization.
The daughters in Islamic religion, gets some share from the ancestral property which balances and gives equality, an upper standing is more about eliminating unjust and inequalities against women’s an important aspect for the empowerment of women’s. People should take and give such pure and basic principle. Following Islamic principles, today we must have had granted more rights to our women in the light of new time and age but irony is that we have to remind our community to even practice the free-will and empowerment that Islam talked about hundreds of years ago and they’re bend on rejecting thinking that it is western thought.


Email:--- aabiddar299@gmail.com

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Ancestral Property Rights of Daughters and our Societal Dogma

November 21, 2020 | Aabid Mushtaq

Our society is a heterogeneous, coexistence of people with different religions, races, cultures. A society based on unequal and unreasonable rules is an underdeveloped and uncivilized one. Religiously rules, customs and traditions have marvelous positions in any matter and religions never allow inequality and injustice. Any custom that is teaching inequality due to some superstitious ideas must be struck down with the applications of constitutional law of the land. The unconcern of not providing ancestral property rights is ultimately the vitiation of natural justice, rejection of religious principles and some basic or fundamental rights of women. 

Islam is the first religion of the world, which recognizes women as legal entity and gave her all rights that man enjoys. Islam brought about freeing of women from bondage, gave her identical rights, and recognized her uniqueness as human being. Islam improved the status of women by instituting rights of possession, ownership, inheritance, education, marriage and divorce. The Quran came out with a thorough declaration that men and women are equal and women’s rights are equal to their duties.
What Islam teaches us about equality is indeed a grand norm for any of the country to make its societies balancing and equally equal. The condition of women had always been subject to male members of the family. When we take up the issue of women’s ancestral property rights, our societies tend to escape from this, becomes more hypocritical, patriarchy and narrowing its duties. This issue has taken a shape of a deep social evil, which is though clearly depicted and defined. The Quran injunctions in respect of women are not acceptable in a particular culture, given that the injunctions directly challenged the apparent authority of men and made women equal to men in every respect. The un-clarity in the various rights and various analyses of Quran pushes women towards the most difficult positions. Moreover, many baseless fatwa’s most of the times go against the right of the Muslim women. Muslim women always remain the most economically and publicly depressed section in Muslim community itself. We have to understand that the daughters hold some sought of rights from the ancestral property and are equal heir of their parents as the son tends to, undoubtedly the different distribution but have been conferred rights by religion and domestic laws of land as well. The staggering self-styled rules, concocted customs, unreasonable and invalid approaches of our exaggerated patriarchic practices which bars daughters from getting property rights are unprecedented for their dignity and the principles of equality, liberty and justice. I am sure that many people will say that their parents or families give their daughters a share in property but that is an exception rather than the norm. In fact, it is an important aspect about which awareness in the society should be raised and since it comes under Muslim Personal Law, its application in practice should be ensured and enforced. we need to ensure that customary laws that implicitly justify the economic deprivation of women are discouraged. In these matters most of the society is quiet when Muslim personal law is not followed, simply because it serves the need of the powerful and sadly, women give in so quietly.
Under Muslim law, the rules of inheritance are rather strict. A son takes the double share of a daughter; on the other hand, the daughter is the owner of whatever property she inherits. If there is no brother, she gets half of a share. It is legally hers to manage, control, and to dispose it when she wants. Recently a Supreme Court, in the case of Vineeta Sharma V. Rakesh Sharma & Ors, A three-judge Bench headed by Justice Arun Mishra ruled that a Hindu woman’s right to be a joint heir to the ancestral property is by birth and does not depend on whether her father was alive or not when the law was enacted in 2005. The Hindu Succession (Amendment) Act, 2005 gave Hindu women the right to be coparceners or joint legal heirs in the same way a male heir does. “Since the coparcenary is by birth, it is not necessary that the father coparcener should be living as on 9.9.2005. The changing times have analytically brought some new additions and have changed the scenario of the existing discriminatory setup in Hindu coparcenary laws. The different religions are imbibing the principles of Islam for the betterment and equal setups of their societies but unfortunately, our society has deep-rooted farrago patriarchic attitude that casts a slur on our religion and its civilization.
The daughters in Islamic religion, gets some share from the ancestral property which balances and gives equality, an upper standing is more about eliminating unjust and inequalities against women’s an important aspect for the empowerment of women’s. People should take and give such pure and basic principle. Following Islamic principles, today we must have had granted more rights to our women in the light of new time and age but irony is that we have to remind our community to even practice the free-will and empowerment that Islam talked about hundreds of years ago and they’re bend on rejecting thinking that it is western thought.


Email:--- aabiddar299@gmail.com


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Owner, Printer, Publisher, Editor: Farooq Ahmad Wani
Legal Advisor: M.J. Hubi
Printed at: Abid Enterprizes, Zainkote Srinagar
Published from: Gulshanabad Chraresharief Budgam
RNI No.: JKENG/2010/33802
Office No’s: 0194-2451076, 9622924716 , 9419400056
Postal Regd No: SK/135/2010-2019
Administrative Office: Abi Guzer Srinagar

© Copyright 2018 brighterkashmir.com All Rights Reserved.