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

  • Islamic Inheritance
  • Islamic Dower
  • Women status in pre- Islamic society
  • Women Economic rights
  • Islamic Law
  • Qur'an
  • Women status in Islam
  • Women in Islam
  • Women Legal rights

• Graduation date

  Fall 2012

• 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.