Violation of women’s right to inheritance ongoing in Afghanistan

BAMYAN CITY (Pajhwok): Najiba, 35, a resident of central Bamyan province, has strongly criticised the deprivation of women of their right to inheritance and said after her father’s death her brothers refused to give her shares in inherited property.

According to Islamic Shariah law men and women are entitled to the right of inheritance, but getting this right in some parts of Afghanistan, especially in Bamyan province is difficult.

Women who have been deprived of their inheritance rights have urged justice, while local officials also acknowledged that heritage right is supported by Sharia and all should be benefited from this right.

Najiba has lost her inheritance right in the property left over from her father, right now she lives in Zargaran village on the outskirts of Bamyan City.

She told Pajhwok Afghan News: “We are six brothers and two sisters, according to my father’s last words all our inherited property belonged to my brothers, me and my sister were deprived of the right to inheritance. My father left behind cash and tens of acres of agricultural land but after his demise, we two sisters now married given nothing from our inherited property.”

She added, our father emphasized in his last words before his death to seek the satisfaction of the sister as well before the division of properties, but their brother paid no attention to this issue.

While grappling with economic problems, Najiba wanted her portion in the inherited property, but such demand is considered something against the customs and traditions of the community.

She believed asking for her right to the inheritance may damage the family ties between her and the families of her brothers.

Najiba is not the only one who has been denied the right to inheritance, Zahra is another resident of Bamyan City grappling with a similar issue, she says that only her brother has taken over all the movable and immovable properties of their father and they denied the rights to inheritance.

She clarified that she discussed the issue several times with her brothers but they denied giving her the right in the inheritance.

According to Zahra, no woman in her village has had access to the right of her father's inheritance, and demanding inheritance by a woman, especially after her marriage is considered completely disgraceful and against the customs of the society.

One of the local elders Mohammad Hasan admitted that women has the same sort of rights in inheritance as men, but he never implemented his words and included the rights of his daughters in his last words.

He said: “It is true that my daughters are entitled to all my property like my sons, but I do not want my land to be given to someone else through my daughters.”

He added, that his daughters, like his sons, have enjoyed all the privileges of life and there were no difference has been made between sons and daughters, but the division of inheritance to daughters is considered unusual in his opinion.

But in the opinion of social experts, some of the false beliefs and unsavory traditions have become a social custom that has prevented the provision of justice and women's access to the right of inheritance.

A social expert Ali Danishyar says women don't want to follow a legal claim to the right of their inheritance due to bad traditions and false beliefs.

Danishyar believed, the institutionalization of unsavory customs and traditions in society has made women unable to claim their heritage right, and most of them skip their right to inheritance.

He said from the traditional point of view, the land has the honor and dignity of the paternal family, and the husbands of their daughters, who are considered strangers and are not of their blood, naturally cannot get access to their property through their wives.

Meanwhile ulema believed that before the advent of Islam all social rights of women were violated but in the Islam religion women and men are entitled to equal human rights and their status in the right to inheritance is ensured in the family system.

Nematullah Sadiqi, a religious scholar, told Pajhwok according to Islamic Sharia Law, women are entitled to three financial rights alimony, dowry and inheritance.

According to Sadiqi, the dowry, alimony and jihad are the obligations of a man, the women are not obligated in these cases, in some cases the inheritance of the man may be more than the inheritance of the woman, which is considered justice in Islam.

He clarified that no one has the right to deprive a woman of her right of inheritance, where some of the families deprive their daughters of the right of inheritance because of the unpleasant customs of the community.

He added to ensure justice in society and make it possible for women to get access to their rights in inheritance it is necessary to prevent the spread of false beliefs and unsavory traditions in society by various means, and to give people the necessary awareness according to the instructions of the holy religion of Islam.

The local officials also said that the right to have access to inheritance is a legal and Shariah issue which must be implemented especially for women.

The Hajj and religious affair director Maulvi Shamsullah Ahmadi told Pajhwok Afghan News that in accordance with the guidance of the Holy Quran and the sayings of the prophet all of the heirs (including women) are entitled to the right of inheritance.

Those who deprive women of their inheritance are not aware of the rules of Shariah Law.

He added, to spread awareness amongst residents of this Bamyan about heritage rights, a committee consisting of the Hajj and Religious Affairs Department, Appellant Court, Vice and Virtue Department and some religious scholars has recently been established.

The committee is tasked to spread awareness about public rights especially women’s rights guaranteed by the Islamic Sharia Law.

He said if any of the women are deprived of their rights they could lodge complaints to judicial organs to get their problem addressed.

The government of Islamic Emirate of Afghanistan (IEA) issued a decree and guided relevant judicial authorities to prevent forced marriages, prevent marriages in Baad and make it possible for women to get access to their right to inheritance.

aw/nh