The Status of Daughter in Muslim Law of Succession: Bangladesh Perspective

Abstract

Islam has given daughter a strong status in inheritance. Daughter is one of the primary heirs of the propositus. There are six primary heirs who are never excluded from succession by any other relatives of the propositus and Daughter is one of them. Daughter takes property as a sharer in inheritance in the absence of son and as a residuary in the presence of son. The aim of this paper is to improve the status of daughter in Bangladesh is case of muslim law of succession. This paper is qualitative in nature. Books, journals, articles, case law and statutory laws have been reviewed to formulate the work. This paper tries to improve the status of Muslim daughters in the light of amendments made in some Middle Eastern countries in the area of traditional Muslim Law of Succession. This paper further tries to focus on the change that has been made in Bangladesh by Section 4 of the Muslim Family Laws Ordinance 1961 with the provision of increasing the share of daughter/s by prohibiting any part of the property going to the collaterals. Finding of this paper is that the Muslim daughters are deprived of their entitled share of inheritance by their male members of family in many aspects. Finally this paper makes some recommendations to improve the status of daughters in Bangladesh as regards to their entitlement in Muslim of succession.