Comparative Legal Frameworks: Hindu, Muslim, And International Laws On Women’s Property Rights
- IJLLR Journal
- 6 days ago
- 2 min read
Kanak Kaushal, Amity Law School, Amity University, Noida
Avantika Madhesiya, Amity Law School, Amity University, Noida
ABSTRACT
Women’s property rights have long been a reflection of societal norms, religious doctrines, and evolving legal systems. In India, the rights of women to own, inherit, and dispose of property differ significantly across personal laws, particularly under Hindu and Muslim legal frameworks. Hindu women’s property rights have undergone substantial reform through legislative enactments like the Hindu Succession Act, 1956, and its subsequent amendment in 2005, which granted daughters equal coparcenary rights. In contrast, Muslim women’s rights to property are governed primarily by Islamic jurisprudence, which, while guaranteeing a definite share in inheritance, often provide women with a lesser portion compared to their male counterparts.
This paper aims to critically analyze the comparative legal frameworks of Hindu and Muslim personal laws concerning women’s property rights, highlighting their historical contexts, key principles, and practical implications. It also explores the intersection of these personal laws with international legal standards, including instruments such as the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), which advocate for gender equality in property and inheritance laws. By drawing on both statutory provisions and judicial interpretations, the study identifies gaps and inconsistencies in the Indian legal landscape and examines the extent to which domestic laws align with global human rights norms.
Furthermore, the paper discusses the impact of patriarchal structures, socio- economic factors, and legal illiteracy on the enforcement of these rights. It proposes recommendations for harmonizing personal laws with constitutional guarantees of equality and international obligations, emphasizing the need for a unified and gender-just legal approach. Through this comparative lens, the study underscores the importance of legal reform and awareness in empowering women and ensuring their rightful access to property.
Keywords: women, property rights, inheritance, personal laws, human rights, gender equality.
