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Comparative Analysis Of Inheritance Rights, And Gender Inequality: An Empirical Study Of Muslim And Hindu Law




Falak Naz, KIIT School of Law, Bhubaneswar


ABSTRACT


Laws of inheritance and succession have existed since time immemorial in every human society. The property of the deceased person is distributed amongst the legal heirs according to the laws of inheritance. In India, it is distributed according to the personal law of their respective religions. This paper focuses on the Hindu and Muslim law of inheritance in particular. Both religion's law has their own rule of inheritance regarding the distribution of property between males and females but it is often blamed for beingdiscriminatory. This paper focuses on the interplay between inheritance laws and gender inequality within the frameworks of Muslim and Hindu legal systems. It aims to analyze the disparities in inheritance rights experienced by women in these two major religions. By examining the religious factors, customs, and the reasons that shape these laws, the study seeks to highlight the extent to which gender-based discrimination persists in inheritance rights. Through analysis of legal provisions and inheritance rules, the paper will explore the impact of these laws on women's inheritance rights. This paper will contribute to a deeper understanding of the challenges faced by women in accessing their rightful inheritance and advocate for legal reforms that promote gender equality.


Keywords: Inheritance rights, Personal law, Gender inequality, Customs, Legal reforms



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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Licensing: 

 

All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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