Demanding Their Due: The Campaign For Muslim Women’s Inheritance Rights

Gender justice campaigners often pitch for the implementation of existing laws and policies as it often happens that while there are rules in place, they are not followed properly. But what would you do if there are no rules at all? What would you do if injustice is institutional? When faced with such a situation, two organisations representing Muslim women approached the Judiciary for relief. They were seeking inheritance rights for women under Muslim personal law as such rights are currently not equal between male and female heirs.

As the case is set to be taken up by the Supreme Court next month, Outlook explores the stories of Muslim women and documents their legal campaign.

In her story, Shahina KK explores the plight of women who cannot access their property and are left at the mercy of their male relatives. Through the story of 68-year-old Ayishumma, she highlights the existing law’s unequal treatment of men and women.

“The Sharia law does not give her complete right over her husband’s property. According to the Muslim Personal Law (Sharia) Application Act 1937, if a man/woman dies leaving behind only daughters, a share of his properties shall go to his/her brothers and sisters depending upon the number of daughters,” reports Shahina. 

In her column, Dr Sheena Shukkur writes how she and her husband registered their marriage under the Special Marriage Act (SMA) to ensure equal inheritance rights to their children irrespective of gender. She also notes that the two can now write a will that’s not permissible under Islamic law. 

Haima Deshpande reports from Maharashtra from the point of view of Muslim women being denied their inheritance. In her story, she highlights how women risk losing the support of their parents or brothers if they demand inheritance. 

“We were all a happy family. The moment I asked them for my share, they changed. I am excommunicated from their family,” says Aafia to Deshpande. 

The story of Bilquis is tell-tale of the two extreme choices — choosing property and losing family support or giving up property for family association. 

“Tomorrow if my husband takes a third wife, I will have to go back to my mother’s house. If I fight with my brothers, that house will be closed for me. So, I have decided to let them take the property,” says Bilquis, whose husband has two wives. 

We also examine the cases and moments that have proved milestones for women’s rights in India, such as the judgement on triple talaq. 

Outlook explores these issues in the run-up to the hearing in the Apex Court of the case of inheritance rights of Muslim women, which is scheduled to start in May.