Women’s Property Rights in Islam | Inheritance Laws Overview

The Senate Committee on Justice and Law approved the bill of Women’s Property Rights in 2020, which aimed to ensure women’s rights in the property.

This constitution gives equal property rights to both males and females. However, many women in the country have to give up their inheritance to their relatives. This property Act for women provides a fast and efficient way to ensure that women get their share of the property.

According to Section 7A of Women’s Property Rights Act 2020, “procedure to align with the earlier pending: non-exclusively anything conducted in law for a time, the alignment in possession by the division of the inherited properties for a woman has already commenced in the laws, it must be implemented within sixty days of this act publication on the official newsletter. “

The judges are able to utilize Section 7B for different cases of ownership, division, and possession in Pakistan.

What are Women’s Property Rights in Pakistan?

There has been much confusion around Pakistan regarding the property rights of women. Moreover, it revolves around the ownership and partition of real estate property.

Many women have no knowledge about their property rights and how to get their rights because of cultural and social restrictions. There is no awareness of women’s property rights in rural areas because male relatives easily take over women’s properties in Pakistan.

These women’s property laws govern and protect their properties:

Married Women’s Property Act 1874
Muslim Family Laws Ordinance, 1961
Dissolution Act for Muslim Marriages, 1939
Prevention of Anti-Women Practices Act (2011)
West Pakistan Muslim Personal Law Shariat Application Act, 1962

What are Women’s Property Rights in Islam?

A common lawsuit is to amend regarding inheritance to make sure that Muslim women face discrimination in property sharing compared to their male fellows.

The property partition laws state that a woman will get 1/8th of the husband’s property if he dies before a wife has kids. However, a woman has a right to 1/4th of the property if there is no child.

The property of a son will be shared equally between the father and his children. Moreover, the half share of a daughter will be given to her mother. Contrary to popular belief, men get 1/4th of the share in case of a wife’s death if she has children. Moreover, men have half a share in the absence of children. The plea alleges that a son gets twice the property share of the girl according to women’s property rights.

What are the daughter’s property rights in Islam?

A woman gets half of her father’s property if she has one or more brothers. Moreover, she will get 2/3rd of the property if she has more than one sister with no brothers.

The woman will get 1/2 of the parents’ property if she is the only child. She can also get gifts from the inheritance. Therefore, she can only inherit ⅓ of the property but can still get gifts according to women’s property rights in Islam.

A daughter can stay with her parents and receive maintenance until she gets married. After the three-month iddat period, maintenance is paid to the parents. Moreover, the children are responsible for supporting their mother after her parents.

What are the wife’s property rights in Islam?

A woman who has had children by the deceased will get 1/8th of her husband’s property upon his death.

The widow would still get 1/4 of the share in the property in the absence of children. The property share may be reduced if her husband has more than one wife.

It is also the husband’s responsibility to make fair and reasonable provisions for his ex-wife in the event of divorce, according to the act of Protection of Rights on Divorce. The woman still retains ownership of property and goods during this period.

There are some special conditions that impact the distribution of inherited property according to women’s property laws. Aside from this, property rights and shares received by women can vary depending on their religion or sect.

What are the mother’s property rights in Islam?

Women’s property rights also ensure that a mother gets 1/6th share of her son’s death. The remainder will be split between her spouse and the children. Moreover, the mother has a right to 1/3rd of her son’s property if he leaves no kids. The husband will receive the other two shares.

A mother can still get 1/6th of the property if her dead son had siblings. Moreover, the different provisions in the law provide financial security for Muslim women.

What are different property rights for women?

The various structure of a property for women are given below:

What is the Haq Mahr in Islam?

Mahr is a precious gift from a husband to his wife. The groom’s and bride’s family can easily decide the form and amount of Haq Mahr. The wife has all right to spend this Mahr according to the Muslim Family Laws Ordinance 1960. Moreover, she has all rights to sell the property without letting her husband know, according to women’s property rights.

The Muslim Marriages Act of 1939 provides protection for women if a marriage fails to survive. You must note that a woman can’t claim her Haq Mahr if she requests a divorce. The woman also has the right to her Dower if her husband has decided to divorce.

Mahr refers to the amount of the husband’s property or money that is entitled to his wife at the time of the wedding. Deferred and Prompt Mahr are the main types of Haq Mahr. In the first case, make sure that the woman gets the Mahr immediately after the wedding. The Prompt Haq Mahr gives the right to the woman to get her marriage at any time, even at the time of divorce.

What is the Wasiyat under Islam?

It is a misinterpretation that women are unable to make a Will. A woman does not need to notify anyone for disposing of her 1/3rd property according to Islamic laws for women’s property. Moreover, there is a need for legal consent if the woman’s wasiyat favors one heir. Moreover, a wife can inherit more than one heir in the absence of legal heirs.

What is the Hiba in Islam?

A woman has a right to give away her property in the same way in the form of a gift during her lifetime, according to women’s property rights. A Hiba can be executed by her with instructions on how to handle her property after her death. Therefore, it makes a woman the exclusive owner of the property she acquires. Being a woman, you can gift your property according to Muslim women’s property rights. Moreover, the recipient must sign a declaration stating that they wish to get it.

Conclusion

Makaan Solutions has become a distinctive real estate firm to inform each and everything related to real estate property so that you can make a better decision. Now, you have a magnificent awareness of women’s property rights according to Islamic views. Moreover, women also can book their plots in top-notch residential projects such as Multi Gardens Phase 2, Faisal Town Phase 2, and New City Paradise.