Rights of Muslim women in business assets as inheritance; a case law analysis

Abstract The fact that a woman is biologically different from a man should not differentiate her in respect of her legal rights, including the right to property. Historically, however, women were discriminated against as far as inheritance to intestate estates was concerned and women in Malaysia...

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Main Authors:	Mohd Salim, Wan Noraini, Abd Ghadas, Zuhairah Ariff
Format:	Conference or Workshop Item
Language:	English English English
Published:	2013
Subjects:	K Law (General)
Online Access:	http://irep.iium.edu.my/34164/ http://irep.iium.edu.my/34164/2/Rights_of_Muslim_Women_in_Business_Assets_as.pdf http://irep.iium.edu.my/34164/3/014_Acceptance_Letter_iccla.pdf http://irep.iium.edu.my/34164/8/014_Abstract-_Dr.Wan_Noraini_%284%29.pdf

id	iium-34164
recordtype	eprints
spelling	iium-341642014-01-16T08:01:54Z http://irep.iium.edu.my/34164/ Rights of Muslim women in business assets as inheritance; a case law analysis Mohd Salim, Wan Noraini Abd Ghadas, Zuhairah Ariff K Law (General) Abstract The fact that a woman is biologically different from a man should not differentiate her in respect of her legal rights, including the right to property. Historically, however, women were discriminated against as far as inheritance to intestate estates was concerned and women in Malaysia were not excluded from this discrimination. However, when Islam came to the Arab Peninsula, it brought together its law of succession that recognizes women the right to inherit property. Generally, women’s right to property as a human right by the United Nations in the United Nations’ Resolution in 1991 within the United Nations Human Rights Commission to protect existing property rights. This suggests that the right includes the right of women to inherit the estate of a person dying intestate. For the Malaysian Muslim women, the right is recognized by customary law and Islamic law as contained in the Quran and statute. However, the recognition does not confer on them an equal share with men in the intestate’s estates because of the general principle of the religious law, which gives preference to men, allowing the latter to receive a larger share than women. In other words, there is preference of men over women in the size of shares though in certain specific areas, the preference is reversed in accordance with customs. This paper will discuss the legal and social recognition of Muslim women’s rights in Malaysia to inherit interest in business of intestate estates. Research methodology adopted in this paper is doctrinal and case law analysis. 2013-09-18 Conference or Workshop Item PeerReviewed application/pdf en http://irep.iium.edu.my/34164/2/Rights_of_Muslim_Women_in_Business_Assets_as.pdf application/pdf en http://irep.iium.edu.my/34164/3/014_Acceptance_Letter_iccla.pdf application/pdf en http://irep.iium.edu.my/34164/8/014_Abstract-_Dr.Wan_Noraini_%284%29.pdf Mohd Salim, Wan Noraini and Abd Ghadas, Zuhairah Ariff (2013) Rights of Muslim women in business assets as inheritance; a case law analysis. In: Joint Conference on Law and Society, Commercial Laws and Islamic Finance 2013, 18-19 Sept 2013, Ahmad Ibrahim Kulliyyah of Laws, International Islamic University Malaysia. (Unpublished)
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English English English
topic	K Law (General)
spellingShingle	K Law (General) Mohd Salim, Wan Noraini Abd Ghadas, Zuhairah Ariff Rights of Muslim women in business assets as inheritance; a case law analysis
description	Abstract The fact that a woman is biologically different from a man should not differentiate her in respect of her legal rights, including the right to property. Historically, however, women were discriminated against as far as inheritance to intestate estates was concerned and women in Malaysia were not excluded from this discrimination. However, when Islam came to the Arab Peninsula, it brought together its law of succession that recognizes women the right to inherit property. Generally, women’s right to property as a human right by the United Nations in the United Nations’ Resolution in 1991 within the United Nations Human Rights Commission to protect existing property rights. This suggests that the right includes the right of women to inherit the estate of a person dying intestate. For the Malaysian Muslim women, the right is recognized by customary law and Islamic law as contained in the Quran and statute. However, the recognition does not confer on them an equal share with men in the intestate’s estates because of the general principle of the religious law, which gives preference to men, allowing the latter to receive a larger share than women. In other words, there is preference of men over women in the size of shares though in certain specific areas, the preference is reversed in accordance with customs. This paper will discuss the legal and social recognition of Muslim women’s rights in Malaysia to inherit interest in business of intestate estates. Research methodology adopted in this paper is doctrinal and case law analysis.
format	Conference or Workshop Item
author	Mohd Salim, Wan Noraini Abd Ghadas, Zuhairah Ariff
author_facet	Mohd Salim, Wan Noraini Abd Ghadas, Zuhairah Ariff
author_sort	Mohd Salim, Wan Noraini
title	Rights of Muslim women in business assets as inheritance; a case law analysis
title_short	Rights of Muslim women in business assets as inheritance; a case law analysis
title_full	Rights of Muslim women in business assets as inheritance; a case law analysis
title_fullStr	Rights of Muslim women in business assets as inheritance; a case law analysis
title_full_unstemmed	Rights of Muslim women in business assets as inheritance; a case law analysis
title_sort	rights of muslim women in business assets as inheritance; a case law analysis
publishDate	2013
url	http://irep.iium.edu.my/34164/ http://irep.iium.edu.my/34164/2/Rights_of_Muslim_Women_in_Business_Assets_as.pdf http://irep.iium.edu.my/34164/3/014_Acceptance_Letter_iccla.pdf http://irep.iium.edu.my/34164/8/014_Abstract-_Dr.Wan_Noraini_%284%29.pdf
first_indexed	2023-09-18T20:49:18Z
last_indexed	2023-09-18T20:49:18Z
_version_	1777409886131322880

Rights of Muslim women in business assets as inheritance; a case law analysis

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