خواتین کے وراثتی حقوق: اسلامی شریعت اور برطانوی قوانین کا تقابلی مطالعہ

Women’s Inheritance Rights: A Comparative Study of Islamic Law and British Law

Abstract

This study presents a comparative analysis of women’s inheritance rights in Islamic law and the British legal system, with particular focus on their legal foundations, philosophical underpinnings, and social implications. The topic is of significant academic and social importance because inheritance rights play a vital role in determining women’s economic security, property ownership, and social status. Despite increasing global attention to gender rights and legal equality, substantial differences remain in the legal principles governing inheritance across various legal traditions. Therefore, a comparative examination of Islamic and British approaches contributes to a deeper understanding of the diverse concepts of justice, equality, and social responsibility that shape women’s inheritance rights.

The scope of this research includes an examination of the primary sources of Islamic inheritance law, relevant principles of British inheritance law, and the intellectual contributions of influential Western thinkers, particularly John Stuart Mill, whose views on women’s rights significantly influenced modern legal and political thought. The study also explores the historical development and contemporary application of women’s inheritance rights within both legal systems.

To achieve its objectives, the research employs qualitative, analytical, and comparative methodologies. Relevant legal texts, classical and contemporary scholarly works, and statutory materials are examined to identify the similarities and differences between the two systems. The study analyzes the legal structures, underlying philosophies, and practical implications of inheritance regulations affecting women.

The findings reveal that both Islamic law and the British legal system recognize women’s inheritance rights, yet they are founded upon distinct legal and philosophical principles. Islamic inheritance law is based on justice, family responsibility, and balanced distribution of wealth, whereas the British legal tradition emphasizes legal equality, individual autonomy, and freedom of property disposition. The study concludes that each system reflects its own historical and social context. It further highlights the importance of understanding these differences for promoting informed academic discourse and developing a balanced perspective on women’s inheritance rights in contemporary societies.