Women Right In Property: In India, matters like marriage and property of people of every religion are settled according to their personal law. According to the provisions of the Hindu Succession Act 1956, property is divided among those who follow Hindu, Sikh, Jain and Buddhist religions.
At the same time, according to Shariat Act 1937, succession and property related disputes are settled. Where in Hindus the daughter is equally entitled to the father’s property, according to Muslim law, a daughter born in a Muslim family gets only half the share in the father’s property as compared to her brother. Ever since a Muslim woman challenged this provision in the Supreme Court, there has been a lot of discussion about the rights of Muslim women in property.
Under the Shariat Act 1937, succession related disputes are settled among Muslims. Property or money is divided among the heirs decided under personal law. If a person dies, his son, daughter, widow and parents get a share in his property. There is a provision to give half the property from the son to the daughter. After the death of her husband, the widow is given one-sixth of the property.
A Muslim daughter can live in her father’s house by right after marriage or even after divorce if she does not have any child. According to the law, if the child is an adult, then he can take care of his mother, then the responsibility of that Muslim woman becomes for her children.
Challenging the provision of half the property from sons
The provision of giving half the share to Muslim women as compared to men in the distribution of family property under Shariat law has been challenged in the Supreme Court. The hearing on this is still going on. A woman named Bushra Ali has filed an application in the Supreme Court. She says that in the distribution of property, she has got half the share as compared to the male member and this is discrimination.
In the petition, Section-2 of the Muslim Personal Law has been challenged and it has been said that under this, Muslim women get half the share in family property compared to men. This section is in violation of Article-15 of the Constitution. Article-15 prevents discrimination on the basis of caste, religion, gender etc. before the law.
