In Bangladeshi society, women have almost lost their right to property as they do not have any access to property ownership. They have no financial independence (Mohajan 2012). We have mentioned here two real cases recorded in the court regarding the dower (Mahar) which is also the property right of women in Islam. Case No. 1, High Court Division (Civil Revisional Jurisdiction), Abdul Rahman (Petitioner) VS Shahanara Begum (Opposite Party), Judges Fazle Hussain, Mohammad Habibur Rahma J. and Kazi Ebadul Hoque J. Date of Judgment August 8, 1990 (Monsoor 2005, p. 259). Case No. 2, High Court Division (Civil Revisional Jurisdiction), Atiqul Huque Chowhury (Petitioner) VS Shahana Rahim and anothers (Opposite Parties), Judges Mahmudul Amin Chowdhury J. and KM Hasan J. Date of Judgment February 20, 1995 (Monsoor 2005, p. 259). The previous chapter discussed how cultural values and social norms discriminate against women from getting their inheritance property. Because of the strong cultural norms in rural Bangladesh, the majority of women are landless. Although a few women own land, they have very little right to control and use their properties. Women are sometimes forced to leave their properties to their brothers. Finally, very few women are able to take legal action as they lack education. Therefore, we can put the features of discrimination on women as follows:
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(a)
Most women are completely deprived of their inheritance property.
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(b)
Those who own property lack the power to control and use the property (Sultana 2010).
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(c)
Cultural norms force a woman to leave her inheritance to her brothers.
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(d)
Those who ask for inheritance property from their brothers are considered odd in the culture and are made to suffer mentally and emotionally.
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(e)
In reality, very few women are able to ask for legal action to get their inheritance (Al-Hibri 2000–2002).
Because of this discrimination, women are financially dependent on men and are considered a burden on the society. They receive less education compared with their male counterparts and are regarded as a inferior gender (Parveen 2007). If this practice continues then, it will be a barrier for the country to develop as women represent nearly half of the population. This means that property sharing in Bangladesh should be changed.
As discussed earlier, women are discriminated against in the social practice. Only four out of 40 women receive their inheritance property (Sultana 2010) with most not receiving any share in the property (Al-Hibri 2000–2002). In contrast, the Islamic model has a fixed portion of property for women (Fowzi 1983). Though a daughter gets half of the son, there is always a share for her. Under no circumstances is the son allowed to take the daughter’s property. Therefore, we can conclude that while social model does not confirm a certain share for women, the Islamic property law always allocates a certain share for women.
Islam has prescribed its faraid law based on the roles and responsibilities of man and woman (Ibn Kashir 1999, vol. 2, p. 292). In the Islamic social system, man alone has the following financial responsibilities:
Firstly, man has an obligation to pay the mahar. Mahar is an amount of money the man has to pay to the wife at the time of marriage (Jassas 1984, vol. 3, p. 149). The amount of mahar is mutually agreed between the husband and wife before the marriage contract. The wife has the sole ownership of mahar and right to spend it according to her wish (Basha 2006, vol. 1, p. 189). There is no maximum limit for the amount of mahar. It depends on the will of the woman to decide the amount she wants. Allah says, “And give the women (on marriage) their dower as a free gift; but if they, of their own good pleasure, remit any part of it to you, take it and enjoy it with right good cheer” (Quran, 4: 4).
Secondly, man has the responsibility to provide nafaqah to his wife and children (Al-Wahidi 1994, vol. 1, p. 262). Nafaqah is the material support that man has to provide to his wife and children. Nafaqah includes the fundamental elements for sustenance which are food, clothes, and house (Shafi’ 2002, vol. 5, p. 127). In Islam, it is compulsory for the husband to provide nafaqah to the family while it is not compulsory for a wife to spend for children (Quran, 1: 233). However, women can voluntarily spend money for the family, but husbands cannot force their wives to do this. Allah says, “Let the man of means spend according to His means: and the man whose resources are restricted, let Him spend according to what Allah has given Him. Allah puts no burden on any person beyond what He has given Him. After a difficulty, Allah will soon grant relief” (Quran, 4: 34, 65: 7). Furthermore, a husband should bear the expenses of marriage ceremonies e.g. walimah (a ceremony soon after marriage). In this context, the following prophetic narration can be referred to. The Prophet Muhammad (PBUH) advised Abdur Rahman bin Auf to arrange a walimah after his marriage saying that ‘make walimah thought by sheep’ (Al-Bukhari 2001, vol. 7, p. 24, Hadith no. 5167). A man is also responsible for providing financial support to the close relatives i.e. mother and sister.
Regarding the just distribution in the faraid system, Sayed Qutub mentioned that a man’s financial responsibility is always double that of a woman. He stated:
There is no question here of favouring one sex over another. It is all a matter of maintaining balance and justice between the responsibilities of a male and those of a female within the family. In the Islamic social system, the husband is required to support his wife. He is further required to support all his children in all situations, whether he remains married to his wife or he divorces her. A woman, on the other hand, may be required to look after herself, or she may be looked after by a man both before and after her marriage. Under no circumstances is she required to maintain her husband or her children. This means that a man shoulders at least double the burden of a woman within the family and in the Islamic social system. This is how justice is maintained in this wise distribution which achieves the perfect balance between rights and duties, claims and liabilities (Qutub 2011, vol. 3, p. 42).
Based on this, the male’s share in the property is like gross income and they have to deduct a portion of his property to pay for his wife and family as well as the mahar. On the other hand, the female’s share is similar to net income as she is not entitled to pay anything for her husband and family. If a woman is married, then she is not responsible for her maintenance. Therefore, her share is kept for her financial security only in case she divorces her husband (Al-Hibri 2000–2002).
In the Islamic inheritance distribution system, a man does not always get a double or a higher share than the woman. There are many cases where a woman gets the same or more than a man (Al-Dawlibi 1983). If the deceased person left a daughter, father, and mother, then the daughter will get half the property. The mother will get one-sixth, and the father will get the rest. In this case, the daughter gets more than the father who is a man.
Along with this, the mother and father get equal shares when the deceased has left a son and daughter or two daughters (Quran, 4:11). Moreover, if the deceased left brothers and sisters then they equally share one-third of the property (Quran, 4:12). Also, when a woman dies, and she leaves her husband and sister, then each of them will get the half of the property.
In Bangladeshi society, there is no clear and specific share for a woman based on the relationship with the deceased. Only some close relatives like sons, daughters, wives, and sisters share in the property. However, the Islamic property distribution law is comprehensive where the share of property for a number of relatives at different stages has been discussed (Al-Wahidi 1994, vol. 1, pp. 254–255). The Islamic property law shows the property sharing system among sons, daughters, granddaughters, grandsons, brothers, sisters, step brothers, step sisters, fathers, mothers, uncles, etc. Along with this, it prescribes the law of inheritance for different cases of relatives, for example, when there are only one daughter and father then the property distribution is different (Quran, 4: 11).
If we look into the root of the social practice of property distribution in Bangladesh, we notice that it results from the misunderstanding and misrepresentation of the Islamic system (Mohammad 2013). The inheritance property was distributed among the Muslims in Bangladesh based on Islamic law (Kamal 2015). However, over the course of time people violated the Islamic laws. Some of them practice part of Islamic law of property distribution. Eventually, it became a culture among the people of Bangladesh (Bulbul 2013) leading some to believe that the social practice of property sharing is the Islamic law. Based on this, some people urged changing the Islamic property sharing law. However, the Islamic property sharing system is far different from the social practice in Bangladesh. The Islamic property law is based on fairness and justice while the social model is based on injustice between male and female (Mohammad 2013).
The Islamic law of property sharing will make women economically more solvent. They will be more secure and independent financially. When a woman has a certain share in the property, then they will be less dependent on their husbands and fathers. Women will be financially solvent as they have a share in the property (Al-Owzah 1994). Women are not obliged to spend money for the family (Ibn Abbus, n.d, p. 69.). Therefore, her property will remain her financial security in case of divorce (Fatima 2009).
If the faraid is practised, then there will be a balance between males and females in the society (Mohammad 2013). This is because women will be richer in the society as they have property. Economic independence will empower Bangladeshi women. Consequently, they will take a more active part in the society. They will have more opportunity to get a higher education, and they will be able to get more jobs. Women will rid themselves of their unfortunate status of an inferior gender in the society as they are not burdensome on a man (Abdullah et al. 2015).
Sometimes, because of non-property ownership, woman become involved in immoral activities. The Islamic law of property sharing will improve morality by ensuring their property rights. On the other hand, their religious belief and confidence will develop as the religion has given them financial solvency and they will be more respectful to their religion (Mufty 2010, p. 9). Therefore, the government of Bangladesh should continue with the Islamic law of property sharing.