WOMEN'S RIGHTS TO INHERITANCE AND SUCCESSION ACRO DIFFERENT PERSONAL LAWS

This paper examines the rights surrounding the inheritance and succession of property for women in relation to various personal laws. In a pluralistic society, inheritance will follow different rules. This includes statutory rules as well as personal laws, community customs and interpretation of the law. This can cause large differences in women’s legal rights, the amount of property they are entitled to, and whether they have the right to inherit. This paper looks at the background and current operation of specific personal laws. Many countries have reformed their laws which has provided women with more rights in relation to inheritance. However, there are still many issues which prevent women from inheriting. These include; discriminatory community customs, societal pressure to give away property, lack of knowledge about their rights, difficulties with the process, financial reliance and unequal legal help. Some women may have the right to inherit but may not be able to claim it. There are concerns in how constitutional law protects equality, whilst personal laws may enforce religious/customary views. This paper uses a comparative and socio-legal approach to look into how legislatures, courts and communities have reacted to these issues. It will examine whether current laws provide real equality or just legal rights. This paper will also look at how women are negatively affected due to inequality in inheritance. Key factors to consider include; legal knowledge, easily accessible dispute resolution, correct documentation and consistent enforcement. This paper argues that to gain real equality in succession, not only statutory changes need to take place but also changes to community customs and barriers in place. This needs to be done with respectful consideration to community views. Personal laws need to be aligned to ensure equality and non-discrimination, however this can raise complicated questions. Discrimination can continue to cause women financial issues due to it being upheld in the name of tradition. A balance needs to be struck to ensure women have their rights, through public education, legal aid and reliable enforcement. This paper compares different personal laws and how they operate to show how far we have come in providing women with their rights. This can be used to create policies that recognise cultural differences but ensure women are equal citizens, with autonomy and property rights. Keywords: Women’s inheritance rights, personal laws, succession, gender equality, property rights.