ABSTRACT

The Islamic system of succession is based on the customary law of pre-Islamie Arab tribal society, a law adapted to the structure of the patrilineal, patriarchal family. A woman's initiative is particularly understandable in those cases in which she was the daughter of a divorced or deceased wife and the widow and children of the deceased inherited along with her. The question of the law applicable to matters of inheritance is of great significance with regard to the position of women. Women sometimes received monetary compensation or part of the land in return for renunciation of their shares in the inheritance. The Women's Equal Rights Law made almost no impression on the shari'a courts. The qadis acted in accordance with the shaft norm and there is no indication that they specifically were guided by the wish to prevent the disinheritance of women.