It is commonly assumed that Muslim women are frustrated in their pursuit of property rights because those rights are limited under the Islamic legal system, they lack agency in the face of oppressive family and social structures and have an absence of conviction in their articulation of gender rights. This paper explores these issues through an analysis of the legal status of women with regard to property under Islamic law (Shari'a), the socio-historical background to women's property rights, an appraisal of modern legal reforms and the avenues for enhancing their security of tenure.  Exploring the nature and scope of women’s rights to property and land ownership will enhance women’s access to land and enforcement of their other property rights.

Scope of this Position Paper: This position paper reviews the stereotypes regarding Muslim women in Section 1. Section 2 outlines the property rights of women under Islamic Law and narrates the social history of Muslim women’s property rights in Section 3. Section 4 examines women’s property rights in relation to custom and family. Section 5 evaluates the impact of modern legal reforms on women’s property rights. Section 6 offers five strategies for empowerment through gender empowerment

* Recognise the potential for Islamic reasoning (ijtihad)

* Realise the “compensatory property regime”

* Promote human rights advocacy

* Expand public space for women

* Ensure women’s access to courts and other dispute resolution mechanisms