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Shares of woman in property


A.T.M.Nurun Nabi


Females, like males, inherit property, movable and immovable, of the deceased as decreed in the holy Quran, but get less than their male counterparts because they have no financial responsibility for the families. Conversely, it is the males who will maintain families but will not encroach upon what a woman earns-(Ref: 4/32). As for example, if a deceased leaves behind an unmarried daughter, a son and spouse, the properties so left will be distributed proportionately whereas the responsibility of maintaining the family lies upon then son but he will not claim any financial support from his sister or mother. However, there is no blame to accept if they give the whole asset or any part thereof willingly.


Three verses of the Quran-4/11, 12 and 176-deal with the subject and at the same time has cautioned men of dire consequences in case of violation by any quarter. Relations, according to Islamic point of view are of three grades. The first grade comprises parents, children and spouse, the second grade includes full brothers, full sisters and grand children while the third grade covers grand parents, half brothers, half sisters, maternal/ paternal aunts and uncles. The grand children, according to Muslim Family Ordinance 1961, will inherit the property of their grand parents in the event of the death of their parents, even before the death of their grand parents.


If the deceased leaves behind a daughter, a son, spouse and parents; the spouse, if husband, will get one-fourth of the property, and, if wife, will receive one eighth, each parent will get one-sixth, and the remainder will be divided among the son and the daughter on the basis of the male receiving twice of the female.


If the deceased leaves behind one daughter, spouse and parents but no son; the daughter will receive half of the whole property, each parent will get one-sixth, the spouse, if husband, will get one-fourth, and, if wife, will receive one-eighth. Thereafter, the residue will go to the daughter and the parents proportionately, but not to spouse. If the number of daughters is two or more, they will receive two-thirds of the whole properties or that portion left after distribution between parents and spouse.


If the deceased leaves behind daughter(s) and spouse but no parents and no son; spouse, if husband, will get one-fourth and, if wife, will get one-eighth, and the remainder will go to daughters. If the deceased leaves behind daughter(s) only, she (or they) will inherit the whole property. But if the deceased leaves behind no children, no parents and no spouse; his/her full brothers and sisters will inherit the whole asset on the basis of the male receiving twice of the female. If the deceased has parents only, they will inherit the whole assets in which no other has any share.


Allah has decreed to give part of the property to the orphans if they remain present at the time of division. Regarding the definition of orphan, Islamic scholars are of the view that whoso has lost any one of the parents during childhood is orphan. The Prophet of Allah (SM) has repeatedly instructed people to take mercy on orphans and not to show any kind of harshness.


It is true that in Bangladesh, the women are ill treated in many ways, some of the stories of deception are not exposed and some of them are made public. Ignorance and reluctance to learn the Quran are the reasons that the women are deprived of their due shares. When a woman receives ill treatment in her own family before or after marriage, it is the State that must come forward to protect her.


Everyday we read in the newspaper the stories of how the women are subjected to deception and cruelty, but very few extend their hands of support to them. It thus implies upon all to study the Quran and the life of the Prophet to do justice to all.



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