Rights of Muslim Women in Ancestral Property: Legal Challenges and Reforms

Abstract

This article examines the evolving legal framework governing the property rights of Muslim women in India, focusing on ancestral property, inheritance, and economic security. Despite constitutional guarantees of equality under Articles 14 and 15, personal laws rooted in patriarchal traditions continue to restrict Muslim women to a lesser share of property, justified by gendered roles of financial responsibility. Through an analysis of statutory provisions, including the (Shariat) Application Act, 1937, and landmark judicial pronouncements. The article argues for reforms including a gender-just Uniform Civil Code, harmonization of inheritance laws, recognition of marital property rights, and enhanced legal literacy. By combining constitutional mandates, judicial activism, and legislative intervention, a pathway emerges to secure Muslim women’s rightful economic and proprietary entitlements.

Introduction

Women’s inheritance rights in India remain limited despite constitutional guarantees of equality. Social patriarchy, historical legal biases, and inadequate implementation of reforms continue to prevent women—especially married women—from fully accessing ancestral property. While the Hindu Succession (Amendment) Act, 2005 granted daughters equal coparcenary rights, awareness and enforcement remain inconsistent. Under Muslim personal law, women inherit fixed Quranic shares but generally receive half the portion of comparable male heirs, justified by traditional financial roles of men. Although Muslim women have full ownership over self-acquired property, social pressures often compel them to relinquish their rightful shares. These inequalities reflect broader global patterns where women contribute significantly to labor but own very little of the world’s assets.

Islamic principles, in essence, recognized women's rights to inherit as daughters, wives, mothers, and sisters, and ensured that their shares cannot be overridden by wills favoring others. Islamic feminists argue that true gender justice in Muslim law must be interpreted within Islamic frameworks, not imposed by external Western paradigms.

Constitutional and Judicial Developments

The Indian Constitution (Articles 14, 15, and 21) guarantees equality and allows special measures for women. Judicial activism has played a key role in expanding Muslim women’s economic rights, even when personal laws fall short. Landmark judgments—such as Shah Bano, Daniel Latifi, Shamim Ara, Bai Tahira, Shabana Bano, and recent 2024 cases including Mohd Abdul Samad and Mansoor Saheb v. Salima—affirm women’s rights to maintenance, restrict arbitrary divorce practices, and clarify rules on lifetime property transfers (hiba). Although these rulings focus on maintenance, they strengthen constitutional protection of women’s economic rights and pave the way for more equitable inheritance reforms.

Recommendations for Reform

1. Uniform Civil Code (UCC): Introduce a gender-just civil code ensuring equal inheritance across religions.

2. Amend Section 15 of the Hindu Succession Act: Allow property inherited by a woman to pass to her natal family when she dies intestate.

3. Awareness and Legal Aid: Expand legal education and support to help women assert their rights.

4. Judicial Sensitization: Train judges to approach women’s property disputes from a rights-based perspective.

5. Marital Property and Maintenance Reform: Recognize marital property regimes and treat maintenance as a secured legal entitlement.

Conclusion

Islam should be perceived as a social reform initiative by Muhammad aimed at educating the savage Arabs on the principle of humanity & the importance of respecting all individuals, including women and the defenseless. The Prophet of Islam facilitated the liberation of women and was a comprehensive social reformer. What he initiated marked the commencement of reform rather than its conclusion; the Prophet of Islam championed the concept of equality throughout his life. During the final sermon during Hajj, he explicitly articulated “ All human beings come from Adam and Eve, and no Arab holds superiority over a non-Arab, nor does a non-Arab hold superiority over an Arab. Similarly, no White person is superior to a Black person, nor is a Black person superior to a White person, except on the basis of piety and righteous deeds. Every Muslim is regarded as a brother to another Muslim, and together, they form a single community of brotherhood. Nothing that belongs to a fellow Muslim is lawful for another unless it is given willingly and without coercion.” In India, it is unfortunate that married and separated women dont have same ownership rights as men when it comes to their property and assets acquired during their marriage. Although there are personal laws in place to protect Indian women, they dont ensure that married women have right to claim marital property. It refers to the property that is acquired by one or both spouses while they are married. Unfortunately, even after seventy years of independence, the law still does not recognize the contributions that women make to the household or their conduct within the home. Islamic inheritance laws are more complex than the pre-Islamic system of intestate succession. Therefore, implementing secular principles in inheritance matters will facilitate the process. It is essential to ensure gender equality in inheritance, and discriminatory practices under the sharers and residuary systems should be eliminated. To empower women, it is imperative to enhance awareness of laws through educational institutions, public awareness initiatives, and legal education programs; additionally, it is essential to sensitize the judiciary, administrators, and legislators on the implementation of laws in both letter and spirit. The challenges are substantial, originating from societal factors and necessitating political will; yet, a beginning must be established, and despite the fear of obstacles, women\'s dignity cannot be compromised. Despite legal reforms, patriarchal practices continue to undermine married women’s rights in ancestral property. Constitutional principles, progressive judicial interpretations, and legislative reforms must converge to ensure substantive equality. Only with a combination of legal enforcement, societal awareness, and uniform laws can gender justice in property rights be achieved.

References

[1] Vineeta Sharma v. Rakesh Sharma, (2020) 9 SCC 1 (India). [2] Danamma @ Suman Surpur v. Amar, (2018) 3 SCC 343 (India). [3] Joseph Shine v. Union of India, (2019) 3 SCC 39 (India). [4] The Hindu Succession Act, No. 30 of 1956, §6 (India). [5] The Hindu Succession (Amendment) Act, No. 39 of 2005 (India). [6] The Muslim Personal Law (Shariat) Application Act, No. 26 of 1937 (India). [7] Constitution of India, arts. 14, 15, 21. [8] The Quranic Inheritance Law: The Case for a Gender-Neutral Understanding\" Abdur Rab and Hasan Mahmud, XLVIII Economic 6- Social Wukly, ( November, 2017). [9] Abdullahi Ahmed An-Nairn, \"Human Rights in the Muslim World: Socio-Political Conditions and Scri ptural Imperatives: A Preliminary Inquiry,\" 3 Harv. Hum. Rts. }. 13, 15 (1990). [10] Tahir Mahmood. \"Islamic Laws and Muslim Women in Modern India\" 6 Religion and Law Review 34 (I 997).

Copyright

Copyright © 2025 Dr. Neelam S. Dighe. This is an open access article distributed under the Creative Commons Attribution License, which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.