Abstract

SUNGAY, Mohamed Hoosain. Do women face discrimination under the Islamic law of succession? An examination of the male-preferential 2:1 rule of inheritance. Law democr. Dev. [online]. 2023, vol.27, pp.450-467. ISSN 2077-4907.  http://dx.doi.org/10.17159/2077-4907/2023/ldd.v27.17.

There is a common belief that women's rights and Islamic Sharfah law (finding its basis in the Holy Qur'an and the Prophetic teachings) are intrinsically at odds with one another. The 2:1 ratio of inheritance in favour of the male, which is enshrined in the Holy Qur'an, is the subject of this article's investigation into whether the Islamic law of succession discriminates against women. The paper explores the justification for this controversial rule, and further indicates that it is merely a general rule, not an absolute one. To address the main query of this article, a range of primary and secondary sources that cover various facets of this rule and its implementation are relied upon. The article demonstrates that, contrary to popular belief and much beyond what "modern civilisation" has provided, Sharfah law grants women far more rights than might initially be thought to exist.

Keywords : women's rights; ShaiTah law; discrimination; Islamic law of succession; 2:1 rule in favour of the male.

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