The Rule of Inheritance
In India, Muslim marriage is a civil contract between a man and a woman. Dissolution of marriage can be done at the instance of the husband, wife or mutual. Talaq allowed Muslim men to legally divorce their wife by stating the word Talaq three times, in oral, written or electronic form. This can be a history on the order of the Supreme Court.
A Muslim woman can also seek dissolution of her marriage through Dissolution of Muslim Marriages Act. A woman can ask for divorce in the following circumstances.
- If whereabouts of the husband is not known for four years
- If the husband has neglected or failed to provide for her maintenance for a period of two years
- If the husband has been sentenced for imprisonment for more than five years
- If the husband has failed to perform his marital obligations for a period of three years
- If the husband was impotent at the time of marriage and continues to do so
- If the husband has been insane for a period of two years
- If the husband treats the wife with cruelty, even if such conduct does not amount to physical violence
- If the wife has been given in marriage by her father or guardian before she attained 15 years of age
- If the husband associates with women of evil repute or leads an infamous life or attempts to lead an immoral life
- If the husband disposes of her property or prevents her exercising her legal rights over it
- If the husband obstructs her in the observance of her religious profession or practice
- If he has more than one wife, and does not treat her only wife in accordance to the injunctions of the Holy Quran
- If the husband fails to offer a part of her inheritance after marriage
- If the wife is physically and mentally abused in her home
- The pronouncing of ‘Triple Talaq’ does not amount to divorce
The Rules of Inheritance can be as follows.
- A son can get double the share of the daughter when they inherit together
- The wife can get one-eighth of the share
- If the parent/(s) has more than one girl children, only two-third of the property can be divided equally among the children
- The parents, children, husband and wife can get shares whatever the number of degrees of heirs can be
- Slavery, homicide, differences of religion and difference of allegiance, can be excluded from inheritance
Excluding women from inheritance is a crime in itself. One famous poet had remarked that ‘Disgrace to women is a disgrace to Allah’.
دسدرآکے دسگرآکے تو الله