Women’s gifting of their inheritance share to male kin is void: a study of late Ottoman fatwas on social coercion

Abstract

ABSTRACT This paper explores the juristic discussions about women’s access to their financial rights during late Ottoman Egypt. Taking fatwa collections as a source of social history, one can recognize that women sometimes gave up their financial entitlements to their male relatives voluntarily. This concession is thought to have occurred due to the influence of deeply ingrained social customs in some tribes. While various historical and anthropological studies have explored this social practice, this paper focuses instead on the Islamic law ruling concerning this phenomenon. I discuss in this paper how some ostensibly conservative ulama in nineteenth-century Egypt, in pursuit of upholding women’s financial rights against patriarchal oppression, recognized an important principle of social coercion. By considering fear of social stigma as a constraint on women’s free will and thus as a form of legal duress, those ulama enabled women to reclaim their rights when possible— likely following the death of their male relatives. This paper urges us to rethink the position of the ulama in nineteenth-century Egypt regarding women’s rights. Furthermore, it illuminates an overarching concept of coercion in Islamic law, which holds relevance to various modern debates.