{"title":"在伊斯兰的继承法下,妇女会受到歧视吗?对男性优先继承2:1规则的检验","authors":"Mohamed Hoosain Sungay","doi":"10.17159/2077-4907/2023/ldd.v27.17","DOIUrl":null,"url":null,"abstract":"There is a common belief that women's rights and Islamic Sharfah law (finding its basis in the Holy Qur'an and the Prophetic teachings) are intrinsically at odds with one another. The 2:1 ratio of inheritance in favour of the male, which is enshrined in the Holy Qur'an, is the subject of this article's investigation into whether the Islamic law of succession discriminates against women. The paper explores the justification for this controversial rule, and further indicates that it is merely a general rule, not an absolute one. To address the main query of this article, a range of primary and secondary sources that cover various facets of this rule and its implementation are relied upon. The article demonstrates that, contrary to popular belief and much beyond what \"modern civilisation\" has provided, Sharfah law grants women far more rights than might initially be thought to exist.","PeriodicalId":489270,"journal":{"name":"Law, Democracy & Development","volume":"52 s38","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2023-11-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Do women face discrimination under the Islamic law of succession? An examination of the male-preferential 2:1 rule of inheritance\",\"authors\":\"Mohamed Hoosain Sungay\",\"doi\":\"10.17159/2077-4907/2023/ldd.v27.17\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"There is a common belief that women's rights and Islamic Sharfah law (finding its basis in the Holy Qur'an and the Prophetic teachings) are intrinsically at odds with one another. The 2:1 ratio of inheritance in favour of the male, which is enshrined in the Holy Qur'an, is the subject of this article's investigation into whether the Islamic law of succession discriminates against women. The paper explores the justification for this controversial rule, and further indicates that it is merely a general rule, not an absolute one. To address the main query of this article, a range of primary and secondary sources that cover various facets of this rule and its implementation are relied upon. The article demonstrates that, contrary to popular belief and much beyond what \\\"modern civilisation\\\" has provided, Sharfah law grants women far more rights than might initially be thought to exist.\",\"PeriodicalId\":489270,\"journal\":{\"name\":\"Law, Democracy & Development\",\"volume\":\"52 s38\",\"pages\":\"0\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2023-11-08\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Law, Democracy & Development\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.17159/2077-4907/2023/ldd.v27.17\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Law, Democracy & Development","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.17159/2077-4907/2023/ldd.v27.17","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
Do women face discrimination under the Islamic law of succession? An examination of the male-preferential 2:1 rule of inheritance
There is a common belief that women's rights and Islamic Sharfah law (finding its basis in the Holy Qur'an and the Prophetic teachings) are intrinsically at odds with one another. The 2:1 ratio of inheritance in favour of the male, which is enshrined in the Holy Qur'an, is the subject of this article's investigation into whether the Islamic law of succession discriminates against women. The paper explores the justification for this controversial rule, and further indicates that it is merely a general rule, not an absolute one. To address the main query of this article, a range of primary and secondary sources that cover various facets of this rule and its implementation are relied upon. The article demonstrates that, contrary to popular belief and much beyond what "modern civilisation" has provided, Sharfah law grants women far more rights than might initially be thought to exist.