Inheritance laws are a cornerstone of society, but they can also be a source of discrimination and inequality. In Bangladesh, the issue of inheritance and property rights for women is particularly pressing, as the country's laws and cultural norms often work against them. The author, Fauzia Moslem, argues that it's time to abolish discriminatory inheritance laws and establish a Uniform Family Law that guarantees equal property rights for all citizens, regardless of gender, religion, or ethnicity. This is not just a matter of justice, but also of economic empowerment and social progress.
Moslem begins by highlighting the importance of inheritance laws in transferring assets and liabilities from one generation to the next. However, she notes that these laws vary widely across gender, religion, country, and era, leading to discrimination and inequality. In Bangladesh, for example, the Muslim Personal Law governs family matters for the Muslim population, while Hindu, Christian, and other religious communities follow their own respective religious laws. This creates a divided society, with women deprived of their property rights.
The author then delves into the specific issues faced by women in Bangladesh, particularly in relation to inheritance and property rights. She notes that the inconsistencies between women's property rights and inheritance law stand as a major obstacle to establishing women's civil rights as equal citizens. She also points out that the lack of adequate awareness among women and society at large about inheritance, social customs, cultural norms, and narrow interpretations of religious doctrine, as well as the pervasive influence of patriarchy within society, all contribute to women's unequal property rights.
Moslem then turns to the Uniform Family Law proposal, which was drafted in 1989 by eminent legal minds and presented to the then Speaker, Mirza Golam Hafiz. The proposal aims to protect women's personal rights, which are an inseparable part of their civil rights, and to ensure equality in property inheritance for all citizens of Bangladesh. She notes that the enactment of a Uniform Family Law would significantly accelerate the implementation of the CEDAW commitments, which call upon states to enact and enforce laws aimed at achieving dignity, rights, and freedom in all spheres.
The author then provides a detailed breakdown of the five laws proposed under the Uniform Family Law, including a Uniform Inheritance Law, a Uniform Marriage and Divorce Law, a Uniform Maintenance Law, a Uniform Guardianship and Custody Law, and a Uniform Adoption Law. She argues that these laws are essential to protecting women's human rights and securing their social and economic rights.
Moslem then turns to the broader implications of the Uniform Family Law proposal, noting that it can serve as a guiding framework for a social movement aimed at establishing women's property rights and achieving equality in inheritance law. She argues that the movement for women's human rights is a global social and political struggle aimed at eliminating gender discrimination and ensuring equality in education, employment, voting rights, and legal standing. In Bangladesh, this movement took root through the path of the anti-British political struggle, and it is crucial to transform it into a full-fledged social movement.
Finally, Moslem calls for a multifaceted program encompassing dialogue, research, and sustained advocacy to advance the women's movement and the broader citizens' movement. She argues that it is urgent to identify and eliminate the barriers that stand in the way of establishing women's inheritance and property rights, and that the Uniform Family Law proposal can serve as a guiding framework for this very movement. In her words, 'The prospect of societal advancement while keeping women outside the mainstream of development is simply unrealistic. It is therefore crucial to enact laws that ensure women receive their rightful share in all spheres - including inheritance and property.'
