Women Rights Today: Empowering Women Through Property Rights in Islam

Property rights ensure economic well-being of women. They are an important tool for empowering them to have control over their assets and make independent decisions. Sadly, the trajectory of women  rights today has taken a wrong turn. The present-day women face various challenges in asserting their property rights due to cultural shifts and perception changes.

Why Understanding Islam's Core Principles is Essential for Women Rights Today:

In a world where gender equality is a crucial goal, it is essential to shed light on the Islamic principles on women rights today or gender equality and justice. Islam doesn’t make any distinction based on sex. The holy Quran proclaims the fundamental equality of men and women: "O mankind, indeed We have created you from male and female and made you peoples and tribes that you may know one another." (Quran 49:13).

Islamic law of Sharia and Women Rights:

In matters of women rights through property ownership, the Islamic law, known as Sharia, provides a framework that ensures women are treated fairly. The specific provisions related to inheritance under Muslim Law grants women a significant degree of rights and protection within the framework of the religion. Under Islamic law, inheritance is governed by a set of rules outlined in the holy Quran and Hadith: "For men is a share of what the parents and close relatives leave, and for women is a share of what the parents and close relatives leave, be it little or much - an obligatory share." (Quran 4:7).

Hadiths of Prophet Muhammad (PBUH):

Hadiths, the sayings of Prophet Muhammad (PBUH), further provide guidance on ensuring fairness and justice: "Seeking knowledge is obligatory for every Muslim." This directive applies to both men and women, highlighting the egalitarian nature of Islam.

The Holy Quran on Inheritance:

The verses regarding inheritance were revealed to the Prophet (Sallallahu Alaihi Wassa) at a time the women were bereft of worth. Many innocent baby girls were even buried alive. The deceased possessions went to the sons or the eldest son only. By legislating women’s inheritance was a revolutionary change at that time: 

“Allah charges you in regard with your children: a son’s share is equal to the share of two daughters; if the [children] are [only] daughters and two or more, their share is two thirds of the legacy, and if there is only one daughter, her share is half [of the legacy]; and each of the parents inherit one-sixth of the legacy if the deceased had children, and if the deceased had no children and the parents are the only heirs, the mother inherits one-third; if the deceased had brothers, the mother inherits one-sixth; [all this is] after executing the will and settling the debts of the deceased. You do not know which of your parents and children benefit you the most. This is Allah’s injunction; surely Allah is All-knowing, All-wise.”  (Quran 4:11).

The Distribution of Property varies from Men/Debunking Myths

According to Islam, sons inherit twice that of daughters, brothers twice that of sisters, and husbands inherit twice that of wives, except regarding the father and mother of the deceased: if they are living at the time of their child’s death, each equally receives one sixth of the deceased’s legacy. 

After the death of the husband, a Muslim woman (widow) is entitled to one-fourth of his property, which is divided into one-eighth in the case of children. In case the deceased has more than one wife, then the wives are entitled to one-eighth of his property, which is divided into one-sixteenth each in case of children. 

On the contrary, a husband’s share in his wife’s property after her death is half, which is one-fourth if there are any children. If a man was ill during the time of marriage and subsequently dies without consummating the marriage, then his widow will not have any right to his property. In contrast, if the ill husband gave a divorce to his wife and dies afterward, then that woman has the right to a share in his property until she remarries. There may arise some questions regarding the difference in the shares, which need clarification here:

Reason for Difference of Share in Inheritance:

The distribution may vary from men due to different roles and responsibilities, the underlying principle of justice and care for family members remains unwavering. This difference in share is not due to gender inequality but rather considers other financial responsibilities that may fall upon male relatives. In Islam, men have to bestow Mihr upon their wives. They are legally and canonically required to provide the living expenses of their spouses and family members. 

Regarding women rights, they are partners in all the possessions of their husbands. One example of the equitable distribution of property can be seen in the concept of Mihir, the mandatory dowry given by the groom to the bride upon marriage in Islam. This practice not only acknowledges the bride's rights but also acts as a safeguard in case of divorce or widowhood, guaranteeing financial security for empowering women. 

In short, the possessions she gains through work, Mihir, gifts, inheritance, or any other legitimate method are absolutely and unquestionably hers only.  She is not required to spend her wealth for her family and can amass it all. If we fairly examine the matter, we will affirm the fact that Islam intended to assist men by formulating the laws of inheritance in this manner. Various Hadith indicate this reason. So, the difference in the inheritance shares mustn’t be considered dissociated from other laws and commandments. The differentiation is due to realistic perception and financial obligations of men. 

By examining the evolution of these rights and highlighting their positive impact, we can debunk these myths and pave the way for a more accurate understanding of empowering women through property rights. This way we can shatter stereotypes and pave the way for a more inclusive future for women as a testament to the strength, resilience, and potential to contribute to a more equitable society.

Islam on Wealth Distribution: Principles of Equity and Justice 

Islamic law clearly outlines the inheritance rights of women. The primary objective of these laws is to ensure justice and family harmony. In matters of inheritance, Islam distinguishes between fixed shares and residuary shares. Fixed shares are predetermined and allocated to specific family members, while residuary shares are distributed among the remaining heirs. 

The allocation of shares varies depending on the relationship of the heir to the deceased and the presence or absence of other heirs. In the absence of a will, an Islamic court will divide the deceased's estate on the prescribed shares. One remarkable aspect of Islamic inheritance law is its focus on wealth distribution and prevention of wealth accumulation within a specific group. Islam emphasizes the principle of caring for the less fortunate and ensuring each individual's basic needs are met. 

The Quran directs Muslims to give a portion of their wealth to those in need, further promoting economic justice. Islamic inheritance laws also protect the rights of widows and women rights with a predetermined share of their deceased husband's estate. This safeguards their financial security and offers support during a difficult phase of life. 

Islam promotes equity, and its inheritance laws ensure that individuals are provided for while maintaining social equilibrium. By appreciating the principles underlying these laws, we can dispel misconceptions and foster understanding between different cultures and religions. "Women's inheritance rights in Islam exemplify the Quran's call for justice and equality among all individuals."

Historical and International Perspectives and the Women Rights Today:

In the early days of Islamic civilization, women enjoyed significant empowerment in matters of property. It was not only a testament to the resilience and strength of Muslim women throughout history, but the property rights for women in Islamic countries provided valuable insights, when compared with global standards. Islamic nations contributed to the global discourse on gender equality, emphasizing the need for a universal commitment to empowering women rights. Unfortunately, the trajectory of women rights today through property rights took a multifaceted turn as external influences and evolving societal norms left indelible marks on these rights.  

Today, the discussion around empowering women through property rights encompasses a complex interplay of historical, legal, and cultural factors, despite the principles enshrined in Islamic teachings, even in the context of Islam.  The societal norms, misconceptions and legal hurdles are impeding the realization of women rights today, unfolding as a complex tapestry interwoven with historical, legal, and cultural nuances.

Reinforcing the Imperative of Empowering Women Through Property Rights:

Property ownership give women financial independence, a sense of security and protection, both in marital and non-marital contexts. Women rights today can enhance her overall well-being, foster confidence and self-esteem, uphold their dignity and autonomy, embark on an empowering path towards self-actualisation, even break free from traditional gender roles and contribute meaningfully to society. 

They have potential to participate in economic activities, pursue education and career opportunities, or nurture their families by becoming pillars of support and contributing to the socio-economic growth of their communities. In short, by understanding and embracing women rights today, they can unlock their potential and contribute to a more equitable society. 

Thus, the societies thrive and progress becomes inevitable. It is, therefore, necessary to address cultural barriers and foster a shift in societal perceptions, being integral to the advancement of women’s empowerment. While some cultural practices may attempt to curtail women rights today, it is crucial to separate tradition from Islam's core principles.

The Role of Education as a harbinger for Empowering Women:

Recognizing women rights in Islam is a journey of rediscovery and empowerment. In this context, education emerges as a key catalyst to understand and assert them. Educational programs focusing on legal literacy and financial independence can foster a generation of informed and empowered women capable of navigating the complexities of property rights.

Role of media and influential figures in dismantling stereotypes and shaping opinions:

It is crucial to continue advocating for  women rights and dispel misconceptions surrounding them. As Muslim women gain control over their assets and finances, they become catalysts for change within their families and communities. Women rights today not only benefits them individually but also contributes to the overall growth and progress of society. 

Media and influential figures can play a pivotal role in shaping opinions for women rights today and dismantling stereotypes. Understanding and supporting these rights is crucial. Muslim women can shed stereotypes and take control of their lives by embracing their rights, proving that property ownership is a powerful tool for personal and societal growth.

Progress and Ongoing Debates on Legal Reforms:

Several Islamic countries have undergone legal reforms to address gender disparities in women rights today. These reforms, while significant, also highlight the ongoing discussions and debates surrounding the best approaches to achieve equality. 

However, the ongoing debates surround the effectiveness and scope of these reforms, highlighting the complexity of balancing tradition with modern perspectives. While some countries have made significant strides, others continue to grapple with ensuring equal women rights today in property matters. Hence, the discourse on the property rights of women in Islam traverses a vast terrain of historical, legal, and cultural complexities. 

Although progress has been made, challenges still persist, necessitating the ongoing efforts to ensure equitable treatment of women in matters of property. The future holds promise, but the need for potential transformative changes in societal perspectives and legal frameworks is must, as the majority of the women still die with a quest for their property rights in their eyes.