Equality in Family Property Division: Between the Teachings of Fuqaha   and Societal Customs

Anbi, Abderrahim; Bouchoir, Tayeb

مجلة العلوم القانونية والاجتماعية
Volume 5, Numéro 1, Pages 1-9
2020-03-01

Equality In Family Property Division: Between The Teachings Of Fuqaha And Societal Customs

Authors : Anbi Abderrahim . Bouchoir Tayeb .

Abstract

The division of family property amongst men and women is one of the most difficult and contentious topic in the Islamic world. Elites, reformists and feminists partake in this discussion against the extravagance of Islamic scholars. This controversial topic is surrounded by a number of conceptions and dogmas, which characterized the nexus between man and woman for decades. On the one hand, this division of family property has been situated within a socio-economic reality which was characterized, for a long time, by both women’s participation in labor force and their inevitable role in the biological reproduction and raising infants (Al-Harass 1996:9); On the other hand, Islamic societies overlook or sometimes camouflage these salient female activities and impede, therefore, the right of women to inherit the family fortune in the same equal footing with men.