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A Doctrinal and Law and Economics Justification of the Treatment of Women in Islamic Inheritance Laws Open Access


Other title
Women in Islam
Women status in Islam
Islamic Law
Islamic Dower
Women status in pre- Islamic society
Women Economic rights
Islamic Inheritance
Women Legal rights
Type of item
Degree grantor
University of Alberta
Author or creator
Alshankiti, Asma
Supervisor and department
Yahya, Moin (Faculty of Law)
Examining committee member and department
Kaplinsky, Eran (Faculty of Law)
Egteren, Henry Van (Department of Economics)
Faculty of Law

Date accepted
Graduation date
Master of Laws
Degree level
several criticisms regarding the treatment of women in Islamic Inheritance Laws have stated that these laws are in favor of males. The most common claim is that women receive half the share of men in the Islamic inheritance system. This thesis examines this issue from legal and economic prospective. It shows that the inheritance system is part of a broader socio-economic system. Moreover, this thesis shows that unlike men, women in Islamic law receive fixed shares, which guarantees a minimum amount of inheritance for women. It concludes that women have more than twenty conditions where they would inherit equivalent share as men, more share than men, or they would exclusively inherit. In addition, women inherit half the share of men only in four cases if there is a man inheriting from an equivalent status and he is, mostly, obliged to maintain her.
Permission is hereby granted to the University of Alberta Libraries to reproduce single copies of this thesis and to lend or sell such copies for private, scholarly or scientific research purposes only. Where the thesis is converted to, or otherwise made available in digital form, the University of Alberta will advise potential users of the thesis of these terms. The author reserves all other publication and other rights in association with the copyright in the thesis and, except as herein before provided, neither the thesis nor any substantial portion thereof may be printed or otherwise reproduced in any material form whatsoever without the author's prior written permission.
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