Use of Digital Technology in Providing Women's Inheritance Rights under Islamic Law

Authors

Keywords:

Islamic law of inheritance, Women’s right to inheritance, Waiver of rights, Customs and practice, Digitalization

Abstract

The right of inheritance provided by Islam to women could assure their empowerment. Even though the Islamic provisions and Pakistani constitution also safeguard this right, its refutation is persistent in rural areas of Pakistan. As there is no mechanism/system for automatic distribution of deceased assets among legal heirs. This article explores circumstances that women face after demanding their inheritance rights. Using qualitative methodology twenty women are selected as a sample from Hyderabad, Tando Allahyar, and Badin for collection of data through interview-in-depth. The result drawn by subjective analysis revealed that the current tendency among women in Sindh is to willingly waive off their share in favor of their brothers. This tendency reflects old customary traditions based on a feudal mindset, which dominates the free will of women. The prevailing misconception of command of Islamic law and difficult legal procedure to enforce women's inheritance rights also perform a key role in influencing the free will of ladies. This article suggests that in the era of technological advancement as now the record of the immovable and moveable property is mostly digitalized a system of automatic distribution of inheritance should be introduced through an online application by any heir of the deceased according to Personal law provided to National database registration Authority (NADRA). If the court process is simplified for inheritance distribution it will help more effectively in the present scenario of denial of inheritance rights to women. It could be done only at the Government level with the help of the judiciary.

Author Biographies

Shabana Kausar Jatoi, University of Sindh Jamshoro

Lecturer at Institute of law

Erum Iftikhar, University of Karachi Sindh

School of Law

Ali Raza Laghari, University of Sindh Jamshoro

Institute of Law

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Published

2022-09-30

How to Cite

Jatoi, S. K., Iftikhar, E. ., & Laghari, A. R. . (2022). Use of Digital Technology in Providing Women’s Inheritance Rights under Islamic Law. Human Nature Journal of Social Sciences, 3(3), 207–215. Retrieved from http://hnpublisher.com/ojs/index.php/HNJSS/article/view/100