Muslim
Women and Property
[History]
... shows, no doubt, that [Muslim] women were property holders, a fact which has
been pointed out for various Islamic societies and should be reiterated here …
that this certainty was not the case in many other civilisations, including many
Western societies. The question is whether it also disproves the view of
the subservient role of women in traditional Islamic
society....
(Baer
1983:9)
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