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

  • Author / Creator
    Alshankiti, Asma
  • 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.

  • Subjects / Keywords
  • Graduation date
    2012-11
  • Type of Item
    Thesis
  • Degree
    Master of Laws
  • DOI
    https://doi.org/10.7939/R32D10
  • License
    This thesis is made available by the University of Alberta Libraries with permission of the copyright owner solely for non-commercial purposes. This thesis, or any portion thereof, may not otherwise be copied or reproduced without the written consent of the copyright owner, except to the extent permitted by Canadian copyright law.
  • Language
    English
  • Institution
    University of Alberta
  • Degree level
    Master's
  • Department
    • Faculty of Law
  • Supervisor / co-supervisor and their department(s)
    • Yahya, Moin (Faculty of Law)
  • Examining committee members and their departments
    • Egteren, Henry Van (Department of Economics)
    • Kaplinsky, Eran (Faculty of Law)