Dr Pamelia Riviere

 Equal Property Rights for Everyone In recent years, Bangladesh has experienced intense debates surrounding women’s equal property rights. Various conservative factions, particularly Hefazot and Jamaat-e-Islami, have taken to the streets, often resorting to violence and conflict. This reaction fails to acknowledge the complexity and diversity of demands in a multicultural society like Bangladesh. It is imperative that property laws apply uniformly to all women, irrespective of their race, ethnicity, or religion. In this context, regarding the need-based solution of Islamic inheritance law, a critical aspect that Islamic clerics have often overlooked. While Islamic inheritance law may initially seem complicated, its core principle emphasizes that daughters are entitled to an equal share of inheritance as sons, although traditionally, males have been perceived as bearing greater financial responsibilities. This was particularly true in past generations, including that of my mother, where societal norms restricted women's participation in the workforce. However, the roles of men and women are dynamically evolving, with both genders increasingly sharing responsibilities both at home and in professional spheres. Given this shift, it is timely to reform inheritance laws, especially considering the reality that many women, often out of necessity, do not receive their rightful shares from their husbands' estates, while some remain unmarried and reliant on family support. Reforming inheritance practices to ensure equal shares across genders could significantly benefit female children and mitigate discrimination, which is prevalent in societal structures.  Inheritance law is pivotal in safeguarding Muslim women's rights to their parental property. While it is often highlighted that women receive one-half or one-third of what their male counterparts inherit, these arguments fall short of addressing how women’s rights can be reinforced within the framework of Sharia law. In fact, there are instances under Islamic inheritance law—specifically four scenarios—where women may inherit a smaller share than men, such as when a daughter inherits half of a son's portion. Yet, there is a glaring lack of awareness surrounding the thirty other scenarios in which women receive equal shares or, in some cases, a larger portion than men. Unfortunately, these provisions are not consistently applied in many Islamic societies. To promote equality and fairness, it would be more beneficial to enact changes that mandate equal distribution of both fathers’ and mothers’ properties among their children. This could help reduce parental discrimination and foster a sense of belonging and equality among daughters, who often feel relegated to a lower status within the family and society. It is particularly troubling that, in numerous instances across Bangladesh, brothers deny their sisters rightful shares of the family property. Islamic scholar Hasan Mahmud, a Bengali Canadian Islamic authority, has commented on similar issues. It is encouraging to see Bangladeshi writers engaging with these critical discussions; however, the agendas of conservative Islamic parties often clash with the need for reform, resulting in chaos and violence throughout the country. Need-based Property Division Solution in Islam: In Islamic tradition, property division among heirs is meant to embrace a need-based and focused methodology, ensuring fairness and support for family members, especially those facing financial challenges. This approach allows for the distribution of assets to be tailored according to the  unique circumstances of each heir, considering their financial status, whether they are a daughter or son in financial distress. For instance, if a child—regardless of gender—faces economic hardship, they may be entitled to receive a larger share of the inheritance, potentially half or even the entire property, depending on an assessment of their needs. This nuanced method not only promotes fairness but also prioritizes the well-being of financially vulnerable heirs. Central to this need-based approach is the responsibility of parents or guardians, who must make just and conscientious decisions regarding property distribution. It is crucial for them to assess which child might need additional support based on their current life circumstances. This principle of equitable consideration applies to both daughters and sons, advocating for fairness in asset allocation grounded in individual need rather than rigid adherence to traditional inheritance shares. Furthermore, this need-based approach highlights a broader societal obligation. The state bears the responsibility of ensuring that parents do not overlook their children’s financial and emotional needs. By establishing clear guidelines and support systems, the state can facilitate fair property distribution and help mitigate disparities that may arise within families. Ultimately, the goal is to cultivate an environment in which all heirs, irrespective of gender, receive the necessary support to thrive. Presently, the Muslim community has largely come to accept the notion that daughters are entitled to a lesser share of parental property as a given. Proponents argue that the two-thirds share allocated to male heirs supports their roles as providers. However, a closer examination reveals the Quran’s intent for a need-based solution. According to this perspective, those with lower capacities and greater needs should receive a larger share. This principle is rooted in the pursuit of justice, which lies at the heart of Islamic inheritance law.  Indeed, while Islamic law affords women the potential to inherit a larger share than men in specific instances, this remains largely unrealized due to prevailing patriarchal norms where men prioritize their self-interest over equitable distribution.  Adopting a conservative approach could jeopardize the stability of the interim government. With no imminent threat of losing backing from conservative factions, the government should boldly advance its agenda to establish equitable women’s rights in inheritance. This pivotal reform transcends the boundaries of religion and ethnicity; the proposed legislation will provide essential protections and rights to all women in Bangladesh, irrespective of their cultural or religious affiliations. By ensuring fair inheritance laws, the government can empower women economically and socially, fostering a more inclusive society that values the contribution of every individual.  Dr. Pamelia Riviere is a freelance writer and an analyst.