Muslim daughters and inheritance in India: Sharīcat, custom and practice

Abstract

ABSTRACT Islamic law gives women shares in the estate of a deceased parent, husband, and certain other relatives. However, in India they rarely obtain the inheritance shares to which they are entitled. When the time comes, they typically either waive their inheritance rights or are prevented by their male co-heirs from accessing them. Those who assert a claim to their shares find themselves vilified by their natal kin and by society at large, as greedy, grasping, selfish, unwomanly and lacking in family feeling. They are often even ostracized by their brothers, sisters-in-law, and other family members. Drawing upon data from interviews conducted in Delhi in 2011, I explore this gap in India between Islamic law and actual practice, with specific reference to a Muslim daughter’s right to inherit natal property.