Maghreb women's associations call for end to discrimination in inheritance
2009-01-29
Laws and legislations do not leave enough room for the change, women activists said. "We also have to change our means of defence," one activist told listeners.
By Jamel Arfaoui for Magharebia in Tunis – 29/01/09
 [Jamel Arfaoui] Women from the Maghreb countries gathered in Tunis to discuss and demand equality in inheritance. |
A group of Maghreb women's associations launched a plan of action in Tunis on Saturday (January 24th) to promote equal shares of inheritance for men and women.
The new plan came to conclude a two-day seminar held at the headquarters of the Association of Democratic Women, with support from the United Nations Development Fund for Women (UNIFEM). Representatives from women's associations in Tunisia, Morocco, Mauritania, and Algeria decided to intensify their efforts on both the local and regional levels to shed light on the cost of inequality in inheritance, and to confirm that it is a stark form of discrimination against women.
The seminar, entitled "Nothing Justifies Discrimination in Inheritance", stressed the need to boost the alliance among Maghreb women and to implement a unified plan targeting civil society associations and organisations working towards equality in inheritance. Participants also agreed to mobilise religious experts, as well as artists, academics and lawmakers.
After reviewing the legislative texts of each country, the attendees concluded that personal status laws and regulations are marred by gender inequality across the Maghreb.
Still, participants recognised the advances made towards equality under the law in Tunisia, Algeria and Morocco. New legislation allows for the writing of a will or gift-giving, which "enable people to circumvent inheritance law and give their daughters, through these wills, rights equal to those of males", explained Morocco's Nabia Haddouch, president of a women's association.
Mauritania’s Aminatou bent Mokhtar, president of Female Breadwinners Association, complained about injustices in the Mauritanian family code.
"Our disappointment was great after its adoption," bent Mokhtar said about the code, "because it added a lot of negative points, such as confirming polygamy, although the practices and customs in Mauritanian society do not allow it."
Bent Mokhtar added that the Mauritanian family code, ratified by Parliament in 2001, was derived from the old Moroccan law, which women had no role in drafting.
"We weren't invited to participate in drafting its articles. Clerics and conservative politicians supervised its preparation," she concluded.
"I don't think that depending on the public will achieve our aspirations," said Hayet, a Tunisian emergency doctor. "The 'street' today is under the domination of a wave of fundamentalism that is supported by Arab satellite TV channels."
Hayet believes it would be more effective to go directly to decision makers and to pressure them. She also raised the question of whether the discussion of the issue of inheritance would be made from within the religious system or whether the discussion would draw from man-made laws and international treaties.
According to Sanaa Benachour, professor of law and President of the Tunisian Association of Democratic Women, women never filed lawsuits to protest discrimination in the distribution of inheritance, "even though Tunisian law stresses the right to equality."
Tunisian lawyer Alya Chammari complained about the absence of ijtihad in the Tunisian judiciary system, which is based on sharia for inheritance-related issues.
"We also have to change our means of defence of the issue of inheritance," said Khadija Cherif, lawyer and former president of the Association of Democratic Women. "Years ago, there was a campaign against wearing the veil, but the results were reversed and the number of veiled women just increased."
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mohamed Posted 2009-01-30
I am dreadfully sorry to hear this so called "democratic" approach,that dares to touch Islam in the backbone!I wonder how these women will respond when asked why they changed Allah rules in their lives. Inheritence is something Allah has explained and divided himself for everybody,and no one has the right to change it as long as they believe in the Almighty. Another question is : do they want to change all the rules about inheritence,or just those that concern women only? Do these women fear the outcomes of this kind of intention ?Do they really know they are dying some day,soon or late,and stand in front of Allah ? Are they aware that what they have started doing is that they tell their Creator:" Oh, you have made a big mistake,Allah!Why did you divide the inheritence this way?You don't know how to do it;so this is how you should have done it!!! 50/50..so,they are teaching Allah what to do,or in other words,they want to participate in decision- making with Allah! This doesn't mean I oppose women's rights.Thousand times No!On the contrary,I shoulder their emancipation,but when I realize they are abused by human beings.They have the right to work,vote,decision-making,and so on,but to have the courage to ask for a change in Allah decisions, this is something I personally don't appreciate,and ask the Almighty not to help them. Sorry if I have offended someone,but I am only expressing my attitude towards the topic in question. Thank you .
Benabdellah Posted 2009-01-31
I think that Tunisian women want the women of the Maghreb to follow them according to their European doctrine. In that way, it will go unsaid that the Tunisians are leaving behind their cultural heritage. I think that if it is a debate over heritage like the Tunisians want, then they are the ones who are mistaken about their country. It is possible to defend this in the Northern Mediterranean, but the Southern Mediterranean is a Muslim territory and the unsightly Tunisian women will not be the ones to have the northern organisations recognised as guides or leaders of the southern women, able to change the Maghreb into a country like the North in terms of belonging to their civilisation.
يحي من بركان Posted 2009-01-31
We are with women and their progress. However, we must respect religion and Islamic shariaa. So any violation of inheritance is considered a serious violation. Those who advocate such positions are just a paid trumpet to the west. Instead of directing their interest to taking the Moroccan women out of prostitution and ignorance by educating them.
Omar El Kindaoui Posted 2009-02-01
They have good reason to claim their due: no one can do it in their place. This, however, means navigating the inevitable obstacles of a truly difficult journey in view of the embarrassment connected to the surroundings, impregnated with the constraints of religious formalism. Nevertheless, in our time they have been far more professional, having to develop questions about the didactic pre-eminence of fallacious obedience without pettiness or idleness! Stay strong and good travels, you myriad Amazons!
timsit Posted 2009-02-01
Hello- I remember when my grandmother told me the story of an inheritance in where else but Kabylie. The woman who received the inheritance was given the finger. She was the shame of the village, and now you are holding meetings to claim even more!?! I am not an Islamist at all, but I do completely agree with the shariah. Go back to your kitchens; your pots are dirty! -Sincerely
سارة بنحماد Posted 2009-02-01
Salam alikum. I am a Moroccan girl who loves her country. I am barely 16. I am against this initiative because inheritance is mentioned in the Qur'an. Therefore, God Almighty gave women their rights and privileges. We mustn’t disobey or reconsider the words of God. Look with me, the girl will marry, her husband will provide for her. Man also would have received his right as he has a responsibility. The girl is responsible only for herself. Therefore, who is right here? I think it is God Almighty. Therefore, it isn’t acceptable to contradict His orders. There are real postulates, but if we were just pretending, this is another topic. Salam. I hope that you will take this comment into consideration. Thank you.
saber Posted 2009-02-01
May God guide you, you want to change the nature made by God. This will not be achieved. God has imposed laws, anyone who contradicts them will live a hard life without good result. May God guide you to return to your reason. For us, the honourable woman doesn’t contradict the orders of God. Read this verse of the Qur’an: “They desire to put out the light of Allah with their mouths but Allah will perfect His light”.
نورا المغربية Posted 2009-02-02
Peace, mercy and blessings of God be upon you. Unfortunately, these associations are funded by Zionist institutes because Islam gave woman all her rights.
TAHA Posted 2009-02-03
Oh, if our “five” Maghreb women were to address the issue of the United Arab Maghreb, then at least they would find a real adversary, who are none other than the politicians of their country. It is pointless to remind you of the history or the current state of brotherhood that reigns in the Arab Maghreb. There is truly something to be jealous of the EU about.
ahmed Posted 2009-02-04
1-Roman law 2-Constitutional law 3-Criminal law 4-Civil law Traditions; Wait for beginning of reflections. What equality of inheritance (goods earned through work and goods received through theft, fraud or corruption). What equality for ancestors, descendants and their likes (adopted children, children of a second wife who died before the father, children of a grandfathers)? The Muslim inheritance that goes to a woman is to be added to that which belongs to her husband: this is the marital obligation. It protects the inheritance against its being squandered or against the intrusion of an ill-intentioned foreigner, who would risk its explosion or dislocation, as we experience nowadays. Law school is for idiot girls and boys! Such inheritance is forbidden in the Qur’an in order to be fair. What is a young lady, who robs her brothers, flees from a bad marriage and kicks her children out when they are still young, going to do? Isn’t she going to return to her brothers?
salih Posted 2009-02-05
I wonder if, prior to bringing up this subject, the women of the Maghreb really understood the shariah. Can the women answer me why the men inherit double the women? May they women ask themselves what is the wisdom behind this rule.
Lamia Posted 2009-02-25
Hello everyone- I am appalled by some of the comments I just read. I am a Muslim, Arab and Tunisian woman living in France, and I campaign for women’s equality in Muslim countries. Why do you (men) feel the need to demean us or to send us to our kitchens, which are also yours. We wake up early to go to work, we also support our families’ needs, we raise our children and so on. We are courageous in the face of life’s vagaries just like you, so why do you forbid us the right to equal inheritance?!? Why? Do we scare you that much?
احمد المغربي Posted 2009-03-10
Islam is a fair religion which granted to everyone his rights. The only thing it expected from us was to abide by the instructions of the Holy Qur'an. God Almighty did not expect of us to make Ijtihad about issues which were tackled by texts of the Qur'an as there is no Ijtihad if a text is present. God the Almighty honoured women 14 centuries ago. So we have to go back to Surat Annissae as it heals the hearts of the sick and brings back the misguided to his guidance.
توفيق الكندي Posted 2009-05-22
There are studies on the internet which tackle the issue of inheritance and woman. Just see how many cases in which woman inherits more than man, there are many cases of equal inheritance and there are only four cases in which man inherits more than woman. So please make sure and study the topic well before we criticize. The four only cases in which women inherit less than men are the cases when it inherits with men. In these cases she has a set share (half, two thirds, quarter or one sixth). But in most cases, men do not inherit according to a set share. But rather an indefinite part. Sometimes nothing remains for him. By the way those who have shares get their shares then the rest (if any) goes to men. For example, if a man dies leaving a sister, half sisters, a mother and uncle, the sister gets the half, the half sisters get a third in equal shares, the mother one sixth and the uncle gets nothing because the shares took all the legacy. Then we say that this uncle who is a legitimate inheritor has nothing left for him in the legacy. There are many other cases in which man gets less than woman but we don't talk about this. When we discuss the inheritance of woman we cannot exclude everything else.
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