Land, Law and Islam

Land, Law and Islam Property and Human Rights in the Muslim World

Siraj Sait and Hilary Lim

Abbreviations vi Acknowledgements viii Foreword by Anna K. Tibaijuka, UN Under-Secretary-General, Executive-Director of UN-HABITAT x

1 Researching Islam, Land and Property 1

2 Islamic Law, Land and Methodologies 29

3 Islamic Land Tenures and Reform 54

4 Islamic Human Rights and Land 80

5 Inheritance Laws and Systems 107

6 Muslim Women and Property 129

7 The Waqf (Endowment) and Islamic Philanthropy 147

8 Islamic Credit and Microfinance 174

Muslim Women and Property

UN-HABITAT Islam, Land & Property Research Series

Paper 5: Muslim Women and Property 2005

This series contains eight brief position papers commissioned by UN-HABITAT. For a fuller treatment of the issues see Siraj Sait and Hilary Lim, Human Rights in Islam: Law, Property and Access to Land (London: Zed 2006) ISBN Numbers Paperback: 1 84277 811 0 Hardback: 1 84277 810 2. For longer versions of the papers and further information regarding the UN-HABITAT research and activities contact

Position Paper V Muslim Women’s Rights to Property explores the nature and scope of women’s rights to property and land under Islamic law (Shari'a) through a socio-historical background to women's property rights, an appraisal of modern legal reforms and the avenues for enhancing their security of tenure. It argues that despite assumptions to the contrary, there are potential empowering strategies for women through Islamic law which can enhance women’s access to land and enforcement of their other property rights.