By Faakirah Irfan
Sajida Ahmed sat on the edge of her bed, lit dimly by the yellow glow of a naked bulb swinging gently in the corner of her rented room in Srinagar. It was the middle of a cold March night. The kangri she used for warmth had long gone cold, just like her hopes. Her sewing machine—a gift from her husband before his sudden death—stood silently in the corner. It had been her only steady companion these last two years.
Widowed at 38, left with two daughters and no property in her name, Sajida was at the mercy of fate and fading generosity. Her in-laws had washed their hands of her. Her brothers, with whom she once played under the walnut trees of her father’s orchard, now told her: “You were married properly, your dowry was your share. Baba didn’t leave anything for you.”
She had no means to fight. Not because she wasn’t strong or intelligent, but because no one had ever told her the truth.
A Culture of Silence and Misconception
Sajida’s story is not unique in Kashmir. In a society where customs are often louder than laws, married women are routinely excluded from their inheritance—cut off from their natal homes with phrases like “she belongs to another family now” or “she ate her share in dowry.” The implication is clear: once married, a woman has no claim over her father’s or even her husband’s property.
This belief, however, is not just socially regressive—it is legally and religiously false.
What the Qur’an Says About Women’s Inheritance
The Holy Qur’an speaks clearly and repeatedly about the rights of women to inherit. Surah An-Nisa (Chapter 4) is the most detailed chapter regarding inheritance laws:
“For men is a share of what the parents and close relatives leave, and for women is a share of what the parents and close relatives leave, be it little or much—an obligatory share.”
(Surah An-Nisa 4:7)
“Allah commands you regarding your children: for the male, what is equal to the share of two females…”
(Surah An-Nisa 4:11)
The division is not a reflection of value or status—it is based on financial obligations. In Islam, men are financially responsible for women, while women are not required to spend from their own wealth. But not being responsible does not mean not being entitled.
Furthermore, a Muslim woman is entitled to inheritance from multiple sources:
1. From her father’s estate – as a daughter.
2. From her husband’s estate – as a wife.
3. From her mother’s estate – as a child.
4. From her children – as a mother.
5. From her siblings – in the absence of direct heirs.
In Sajida’s case, she had a right not only in her father’s land but also in her late husband’s estate—whatever he had left behind, even if it was a small house or savings.
“And for the wives is one fourth if you leave no child. But if you leave a child, then for them is one eighth of what you leave…”
(Surah An-Nisa 4:12)
These verses make it abundantly clear: denying a woman her rightful inheritance is not just un-Islamic—it’s a sin.
What Indian Law Says
Under the Muslim Personal Law (Shariat) Application Act, 1937, Muslims in India are governed by Islamic law in matters of inheritance. This means Sajida’s legal rights matched her religious rights. Yet, she didn’t know. And most women don’t.
In 2017, the Delhi High Court in Mumtaz Bano v. State reinforced that Muslim women cannot be deprived of their rightful share in ancestral property merely because of marriage or customs.
In Kashmir, which follows Muslim Personal Law for inheritance, there is no legal clause that voids a woman’s claim based on her marital status. And yet, the social norm continues to override both law and faith.
A Turning Point
Sajida’s breakthrough came unexpectedly when she met Aaliya, a legal aid worker at a tailoring workshop. Upon hearing her story, Aaliya calmly said, “They can’t just cut you off. You have haq—your God-given right.”
Those words were a spark. Over the next few months, Aaliya helped Sajida file a legal claim on both her father’s and husband’s estates. She met resistance. Her brothers called her greedy, her relatives whispered that she was trying to divide the family. But she stayed quiet and firm. For once, she knew she wasn’t wrong.
With the help of a pro bono lawyer and a women’s rights group, Sajida’s claim was upheld. She was granted a portion of her father’s ancestral land and received compensation from her husband’s estate.
A Quiet but Powerful Victory
Sajida used the money to buy a modest home for her daughters and set up a small tailoring center for women in her locality. She now employs two young widows and runs workshops on legal literacy for women.
“Islam gave me this right 1400 years ago. But I had to wait 40 years to hear it,” she says with quiet pride.
The Road Ahead
The tragedy is not that Islamic or Indian law fails women—it’s that women are often never told these laws exist for them. Social stigma, ignorance, and fear prevent them from claiming what is already theirs.
There is a dire need for:
• Legal literacy workshops for women across Kashmir.
• Inclusion of women’s rights education in schools and religious spaces.
• Religious leaders to actively challenge the misuse of Islamic teachings.
• Women’s cells in local panchayats and mohallas to assist in inheritance disputes.
Sajida’s story is one of pain, awakening, and ultimately, dignity. And it’s a story every Kashmiri woman deserves to hear—so that she too may rise and claim her haq, not with shame, but with strength.
Views expressed in the article are the author’s own and do not necessarily represent the editorial stance of Kashmir Observer
- The author is an India-based legal professional and expert facilitator on workplace rights and harassment laws across South Asia, Europe and the United States. She specializes in human rights, women’s rights and alternative dispute resolution, holding degrees from the University of Kashmir and O.P. Jindal Global Law School
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