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WOMEN’S AFFAIRS CENTER - GAZA




              Women and Inheritance:
                Causes and Effects


                                2009
    Women and I nheri tance Caus es an d Effe cts




             Research team:


             Senior Researcher: Hedaya Shamun
             Assistant Researchers: Noha Emad & Youser Al-Atrash


             Field researchers in an alphabetical order:
             Amani Al-Nakhala
             M ajda Al-Belbeisi
             M ona Khader
             Renaty Abu Ruijaila
             Wesam Judah


             Reviewed by: M s. Zainab Ghunaimi & Mr. Karim Nashwan


             Translated by: M ahmoud Altalouli


             Designed and Directed by: Sha reef Sarahan




             P.O.Box:1281- Palestine - Gaza - Al Rimal
             Khalil Al Wazir St.- Al Said Building
             Tel : 00970 8 2877311, 2877312
             Fax : 00970 8 2877313
             E-Mail : info@wac.org.ps

                                                           Co py W rig ht fo r Wo men 's A ffair s Cente r
2
Table of Contents

Acknowledgements                                                         4
Preface                                                                  5
Executiv e Summary                                                       6

Introduction                                                             8
Section I: Methodology of the Study                                      9
Section II: Literature Re view                                           15
Section III: Characteristics of the Study Sample.                        23
Section IV: Vulnerability of Women to Denial of Inheritance              33
Section V: Causes of De nial of Inheritance                              45

Section VI: Persons Responsible for Ca using Denial of Inheritance       49
Section VII: Effects of Denial of Women's Inheritance                    55

Section VIII: Intervention Mechanisms of Denial of Women's Inheritance   63

Recomm endations                                                         66
Annexes                                                                  67
Referenc es                                                              76

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                                                                              Wo men’s A ffairs Center - G aza
    Women and I nheri tance Caus es an d Effe cts




                                                                 Acknowledgements

                                                    T
                                                           he Women's Affairs Center (WAC) undertaken
                                                           to prepare studies and researches on issues of
                                                           Palestinian women since eighteen years ago.
                                                           The WAC is still trying hard to continue its
                                                           footsteps on this path. It hopes to provide
                                                           recent and insightful information and data to
                                                           contribute to the characterization of the
                                                           Pale stinian situation and its impact on
                                                           Palestinian women in the Gaza Strip.
                                                    Hence, the WAC has thought to present a study to
                                                    realize the vulnerability to the denial of women's
                                                    inheritance. The women's inheritance right is an
                                                    issue raised for the first time in the Gaza Strip
                                                    through a scientific and systematic study. It is a
                                                    representa tive study of the Palestinian women in the
                                                    Gaz a Str ip. This would contribute to the
                                                    characterization of the problem and then contribute
                                                    to the formulation of community and legal
                                                    intervention mechanisms for decision makers,
                                                    governmental institutions, and non-governmental
                                                    organizations.
                                                    The WAC would like to express its appreciation and
                                                    sincere tha nks to all individuals and institutions that
                                                    have put efforts and contributed to the successful
                                                    completion of this study, most notably, NGO
                                                    Development Center (NDC) for its contribution in
                                                    the translation and printing of the study.


                                                                           Women's Affairs Center - Gaza
4
                                Preface
       ender-based researches and studies are trying to make women's
G      voices heard and show their visions. This wo uld effectively
       con tribute to un derstand wo men's lives, transfer thei r
experienc es, and empower and change their lives. Accordingly, such
studies and researches are the first step of social change and
developm ent, so to speak. Hence, the Women's Affairs Center (WAC)
continued , through the Research and In formation Prog ram, to prepare
studies that would reveal the ambiguity and confusion in the women's
issues. Th is study has discussed a thorny issue; it is one o f the most sever
and comp lex problems in terms of direct and indirect effects. It is th e
violation of women's inheritance right in Palestinian so ciety. This issu e
is not related to a factor of time, cultu re, politics or religion. On th e
contrary, Sharia and law guarantee w omen the righ t to inheritanc e
despite the customs and traditions that cause denial o f this particular
right.
There is an attempt, through this study, to reach out a large segment o f
women who actually experienced the denial of inheritance, and other
women who have not u ndergone the experience but expressed their
points of view about the problem and its real causes. A qualified
research team made an effort to connect with these w omen and mak e
their voices heard to the most appropriate audience, and make them
aware of the effects and magnitude of the denial of inheritance.
Not only did the WAC d o this study, bu t there was also a documentary
dealing w ith cases of wo men who were denied inheritan ce right, as well
as an awareness campaig n, based on the results of the study, for women
in all governorates of the Gaza Strip. Th is study is the first of its kind on
the violation of women's inheritance right. It undertakes to analyze and
diagnose the reality of Palestinian women, with an emphasis on o f
social, cu ltural, political and economic value systems that contribute
directly a nd indirectly to the complexity ofthe problem. One of the key
priorities of the WAC's Research and Information Program is to support
society an d women's movement with information and studies that truly
put forward the issue of women's inheritance. This would enable th e
concerne d authorities (human rights, women's rights, or legal
organizations) to use and choose the appropriate interv ention to assist
women get their legitimate rights.

                                     Hedaya Shamun
                      Research and Information Program Coordinator
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                                                                          Wo men’s A ffairs Center - G aza
    Women and I nheri tance Caus es an d Effe cts




                                                    Executive Summary
     The v iolation of women's inheritance right is a thorny issue, wh ere the social, religious, cultu ral, economic, and
     politic al factors overlap to further co mplicate the problem. Hence, the Women's A ffairs Center (WAC) believes that
     there is a substantial importance to approach this pro blem at close range. Through this study, the real status of women
     and de privation of wo men's inheritan ce isdiagnosed and analyzed. Such denial of in heritance is a result of customs and
     traditio ns and male dominance ove r women's rights to inherita nce. Although Sharia and law ensure wom en's
     inheritanceright, it is lost because of c ustoms, social norms and masculine culture in Palestinian society.
     The study has focuse d on the research problem through the analysis of the problem, indirect and direct causes, and
     psychosocial effects o n the social fabric. The significance lies in the fact that it is a descriptive study based on both
     quantitative and qualitative tools; to highlight the reality of Palestinian women, fathom the intric ate social relations,
     identify the causes th at prevent women from demanding inheritance, and specify the social s ystem that prev ents
     women from obtainin g this right. Som e of the main objectives of the study are to shed light on th e denial of wom en's
     right a s a social problem, to provide women's and h uman rights organizations and decision makers with a specia lized
     study on the violation of women's inh eritance right, to identity direc t and indirect causes that result in depriving women
     of their inheritance, and to identify those who dep rive women of inheritance an d those who support them in their
     deman ds.

     Research Tools: The studyincludes the following tools:
     Litera ture Review : the related literature review was done through studies and researches on women's inheritance right
     and the concept of inheritance.
     Case study: One hundred (100) wo men deprived of inheritance right were intentionally selected and interviewed,
     while one hundred and two(102) women rejected the interview due to fear to express their views
     Questionnaire: There were two hund red and seventy (270) questionnaires filled in by married, divorced, and widowed

6
women. This was to measure the quantitative data related to the awareness of women, level of their knowledge about
research problem, and extent of their consciousness of legal proced ures to demand inheritance. The data collectio n of
the questionnaire took twoconsecutive days on 9 & 1 0 December 2009. In addition, sixteen (16) focus groups were
conducted and there were six (6) interviews with judg es, lawyers, clerics, and tribal chiefs.
 The re sults of the stu dy reflected a n umber of points that contributed to the analysis and diagnosis of the proble m of
women's inheritance right:
     -23.8%of all women participants of the study asserted the denial of women's inh eritance right.
     -37.5%of all women participants of the study so ughtsupporting bodies, while 6 2.5% did not.
      -The main causes for women's de mand to inheritance right are 1 ) because it is a legitimate righ t (100%). 2) because
     of the terrible economic situation (50.7%). 3) be cause they felt oppressed (31.7 5%). -T h e s u p p ort in g b o d ie s
     women sought th e most, 1) brothers and relativ es (57.6%). 2) tribal chiefs and reforming committees (45.5%). 3)
     lawyers and judges (27.2 %).
     -The reasons that prevented wom en from seekin g any supportin g bodies, 1) bec ause of fear to the relationship with
     family (41.8 %). 2) because clam ing inheritance is considered a disgrace (25.5%)
     -The supporting p ersons in the family are as follows:1) sisters (39.7%), 2) mothers (25.4%). 3 ) fathers (14.3 %). 4)
     un cles and cousin s (12.7%) -The causes of den ial of women's inheritance: 1) ignorance of the rules of Islamic
     Sh aria (51.6%). 2 ) preference of male over female (51.2%). 3) because inherita nce share will g o to the family o f the
     hu sband (36.5%).
     -The effects of denial of wome n's inheritance: 1) feeling of oppression, inju stice and persecution (62.2% ). 2)
     en mity and hatred between siblings and family (49.5%). 3) destabilization an d disintegration of family rela tions
     (44.3%). 4) psychological and physical impact on women (31.6 % ).
      -The interventio n mechanisms to support women who were denied inheritance: 1) raising men awareness of
     women's inheritance right (61.9%). 2) raising women awareness of their inheritance right (60%).

Recommendations of the Study:
    Need for planning and preparation of integrated programs to educate wome n about their in heritance righ t and
    informthem of the necessary procedures to obtain this right.
    Need for plannin g and preparation of programs to educate men about women's inheritance right, especially men
    who intentionally deny women's inheritance righ t for different reasons.
    Contribution to support women psychologically, morally, and cognitively, especially those w ho look forward to
    de manding inheritance right.
    Importance of networking and co ordination between women's a nd human rights organization s, in order to sup port
    such a segment of women and fac ilitate advisory services provid ed in appropria te places and times.
    Need to highligh t and take advantage of the successful cases recognizing women's inheritance right; each case
    should serve as model.
    Importance of ta king advantag e of the local media and necessary information means to identify wom en's
    inheritance right.
    Fo cuson legal and legitimate supportfor such a right.
    -To document and archive the stories of women d enied inheritance, in order to e mphasize the adverse effects o f this
    de nial, especially on those who are deprived of marriage or are killed under the pretext of so-called honor.
    Call for the esta blishment of centers in coop eration with w omen's and hu man rights organizations to lodge
    co mplaints for women who were harmed by the denial of inheritance.
    Need to facilitate procedures fo r women to get their right throu gh the transfer of the estate to the name of all heirs
    un til the distribution of inheritan ce.
    Need to submit th e claims of distribution of the e state and inheritance to the summary justice.




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                                                                                                                     Wo men’s A ffairs Center - G aza
    Women and I nheri tance Caus es an d Effe cts




                                                                                Introduction:
                                                             omen's inherita nce right is one of the most complicated issu es to
                                                    W        discuss due to a number of factors including cultural, relig ious,
                                                             economic, cognitive, and eve n political. In addition, there are
                                                    other fa ctors that further complicate the issue of women's inheritance
                                                    right, such as levels of understanding, knowledge and awareness of
                                                    women about demanding their inheritance right, proc edures related to the
                                                    distribution of inheritance, and rights a ssociated with fixed Koranic texts.
                                                    The imp ortance of identifying the sub ject of this study lies in the fact that
                                                    the issu e of women's in heritance right was an essential result and a priority
                                                    chosen by several sources through a research study done by the WAC's
                                                    Research and Information Program in September 2009 .
                                                     The stu dy at that time tried to identify the most imp ortant priorities for
                                                    women 's issues in the Gaza Strip through quantitative and qualitative
                                                    tools, su ch as a questionnaire. There w ere 800 questionnaires filled in by
                                                    men and women. Also, there were 38 focus groups for women and men, in
                                                    order to explore their v iews on the choice of issues faced by women in the
                                                    Gaza Strip. In addition to a related literature revie w of documents on
                                                    Palestin ian women, there were a number of interviews with specialists and
                                                    experts in development, media, and psy chology.
                                                    Accord ingly, the weights and priorities of women's issues in the Gaza
                                                    Strip have been identified as follows:
                                                         -First priority: the vulnerability o f women whose inheritance is taken
                                                         over, with priority weight of (19.9%).
                                                         - Second priority: how positive the image of women in the med ia is,
                                                         with priority weigh t of (19.6%).
                                                         - Third priority: the impact o f the instability of the internal
                                                         Palestinian situatio n on women, with priority weight of (17.9%).
                                                         - Fourth priority: the vulnerability of women to p sychological abuse
                                                         from neighbors, with priority weight of (15.1%).
                                                         - Fifth priority: the impact of women's problems on the psychosocial
                                                         status, with priority weight of (14.1%).
                                                         - Sixth priority: th e coercion of women to do jobs that do not respect
                                                         their dignity, with p riority weight of (12.1%).

                                                    Consequently, the WAC has adopted the first prio rity chosen by the
                                                    various sources of information. And this study was to shed light on a
                                                    complex problem faced by Palestinian women, which is the denial of
                                                    inheritance.

8
                Section I:
Methodology of the Study


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     Women and I nheri tance Caus es an d Effe cts




      Methodology of the Study
      This s ection describes the methodo logy of the stu dy that has been used throug h the research problem, research
      questio ns, research objectives, impo rtance of the study, research tools, reference frame, main difficulties faced in the
      field, and conclusions of the experience ofresearchers with women who were subject to the denial of inheritance right.

      Research Problem:
      Women in the Gaza Strip suffer from different forms of violence, including the Israeli occupation , domestic violence,
      psychological violence, and verbal abuse within the family. The study "Prioritizing Women's Issue s" indicated that the
      main p roblem faced b y women in the Gaza Strip is the denial of in heritance. This is a thorny problem, where so cial,
      religio us, cultural, eco nomic and politicalfactors overlap to further complicate it. A ccordingly, th e problem of the
      study focuses on identifying the level of women's aw areness of their right to inherita nceand their ab ility to claim su ch a
      right. Although Islamic Sharia and la w ensure this right, it gets lost due to customs and social n orms and masculine
      culture in Palestinian society. This study is trying to realize the social, cultural, and economic fac tors that complicate
      the iss ue of distribution of inheritan ce among males and females. Here, many o f the study questions are rais ed to
      diagnose the reality of women denied inheritance and the impact of this thorny issue on them.

      Research Questions:
      There are several basic themes upon which special q uestions of the study have been determined. These themes are as
      follows:
      First: Questions perta ining to the prob lemof the stud y:
           1- Does the denial of women's inheritance right exist?
           2 - What is the cau se of denial of w omen's inheritance? Who is causing this denial?

10
    3 - Have the women demanded their inheritance? What proced ures did they take at the denial of inheritance? Did
    they go to certain bodies for help ?
    4 - Dowomen think that they nee d support?
    5 - What is the role of tribal c hiefs and reforming committees in the issue of women's inheritance? Second:
    Questions pertaining to direct cau ses:
    6- What are the causesof denial o f women's inheritance?
    7- What are the re asons of comm unity silence to wards the denial of women's inh eritance?
    8- Who are the parties that suppo rt women?
    9- Does society a ccept women to demand their right to inheritan ce?
    10 - Are women a ffected by customs and traditions inthe issue o f inheritance?
    11- Does the deteriorating econ omic situation contribute in increasing the courage of wom en to demand their
    inheritance?

Third: Questions per taining to effects:
    12 - What are the direct psycholo gical and social effects that wom en suffer from as a result of de nialof inheritance?
    13 - To what extent women suffer from the issue of inheritance? What are the fo rms of sufferings?
    14 - Are women beingsatisfied o r compromised about their legitimate right to in heritance?
    15 - What is the o pinion of the fam ily of the wom en who demand their inheritan ce?
    16 - What are the procedures taken by women be fore going to th e courts to claim their right to inheritance?

Research Objectives:
    1 - To shed light on theproblem of denial of women as a social problem.
    2 - To provide women's and hu man rights org anizations and decision make rs with a spec ialized study on the
    violation of women's inheritance right.
    3 - To identify direct and indirect causes that result indepriving women of their inheritance.
    4 - To identify the persons who deprive women o f their inheritance, and those who support them in their deman ds.
    5 - To identify the effects of denial of women's inheritance.
    6 - To identify the main mechanisms of intervention required fro m the viewpoint of women and specialists.
    7 - To raise both men and women's awareness of women's rights to inheritance.

The Im portance of Study:
The importance of the study lies in the fact that the subject of the study was the first priority c hosen by the s ocial
workers, journalists and writers, and participant wo men and men of the 2009 stu dy "Prioritizin g Women's Iss ues."
Conse quently, the idea of this study is in response to meetthe deman ds and trends of research sources.
On the other hand, th e study deeply examines the research problem through the d iagnosis of the problem, direct and
indirect causes, and ps ychological an d social effects on the social fabric.
Anoth er importance is that it is a de scriptive study based on both quantitative and qualitative tools; to highlight the
reality of Palestinian women, underscore the effects on them, explo re the intricate social relations, identify the causes
that prevent women from demanding their inheritance, and specify the social system as a whole as it prevents wom en's
from obtaining their inheritance rights.

Research Reference Frame
The research targets women from the five governorates of the Gaza Strip: married, widowed and d ivorced women who
have suffered from th e denial of inh eritance, and others who did not suffer from the denial and women who did not
marry and were deprived of their inhe ritance in the case study.
The re search is based on cause and effect;trying to d raw a problem tree for diagnosing the situation and finding out the
direct and indirect cau ses.
 The research devotes the culture of participation and exchange o f knowledge and experiences among researchers,
target groups, and all sources of inform ation in all stages of the resea rch.
The research took advantage of reviewing the related literature and previous studies on the issue of wom en's
inheritance.

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                                                                                                                    Wo men’s A ffairs Center - G aza
     Women and I nheri tance Caus es an d Effe cts


      The triangulation too l was used to gather informatio n to answer the research ques tions, which were answered though
      differe nt research tools, including a q uestionnaire, focus groups, inte rviews, case stu dies, and litera ture review.

      Research tools:
      The study includes sev eraltools, nam ely:

      1- Literature Review
      The related literature review was done through studies and research es on women's inheritance right and the conce pt of
      inheritance.
      2- Que stionnaire:
      A ques tionnaire was d esigned as a scientific research tool to measure quantitative d ata. It includes the definition o f the
      study, personal and demographic data, the research problem of inheritance, direct and indirect effects on wo men,
      knowledge and awareness of the leg al procedures to claim inheritance. The data collection of the questionnaire took
      two co nsecutive days on 9 & 10 December 2009. All questionnaires were verified; 370 questionn aires were analyzed
      and the damaged ones were excluded .
      3- Focus Groups:
      There sixteen (16) focus groups; org anizing a focus group is one of the qualitative research tools to get quality and
      profou nd information to be integrated with the re sults of analysis of questionna ires. There were organized to get
      objective information based on severa l sources. The study targeted married, divorce d, and widowed women in line with
      the study sample. The focus groups were organized in cooperation an d networking w ith 16 civil society organizations in
      all gov ernorates of the Gaza Strip.
      4- Inte rviews:
      There were 6 interviews conducted with judges and lawyers, clerics, and tribal chiefs in order to identify their v ision
      and point of view on the issue of denial of women 's inheritance, a nd closely realize the real causes of the denial of
      inheritance.
      5- Case Study:
      The study targeted one hundred wom en through in-depth interviews fromthe five governorates of the Gaza Strip. These
      women were select from the five governorates of the Gaza Strip and were actually denied in heritance, including
      marrie d women and otherswho were deprived of ma rriage as a result of inheritance.

      Study Population:
      The study population was selected from all governorates of the Gaza Strip a s a geographical border. The five
      governorates include Gaza, Northern Gaza, Middle Area,Khan Youn is and Rafah. Two study samp les were selected:
          The first sample was intentionally selected to h ave the same specifications of the study popu lation with regard to
          ag e and geographic area. There were 102 women interviewed in the five governorates as case studies, while 100
          women rejected the interviews due to fear. They rejected the interviews after accepting to talk about their
          sufferings.
          The second sample represents the Palestinian women under 18 and over 18 years. These women have to be
          married, widowe d, or divorced; this is to say they had already married. It is a representative sample of wom en in
          Pa lestinian society. There were 4 00 forms distrib uted in all gove rnorates of the GazaStrip.
          To reach the target group, field researchers trained in the WAC were sent to 16 c ivil society orga nizations according
          to the geographical distribution of these organiza tions, where th e required samp le of women w as available.

             Time frame of the Study: The study relied on the women who we re subject to violations of inheritance right from the
             be ginning of 1985 until the end of 2009.

      Research Ethical Co nsiderations:
      All ethical obligation s have been taken into account in this study. In the research field of this study, the desire of 100
      women denied inheritance was resp ected and the ir privacy has been taken into consideration . After attemp ts to
      encourage them to ex press themselves, they refused to speak abou t their experiences. On the oth er hand, there were
      other 102 women who agreed to talk about their ex perience and su fferings. Their privacy was also respected, where

12
their re al names were hidden in the study and only their initials were appeared. There was also a respect for their d esire
not to w rite some details about them.
The study tried to pro vide correct and useful informa tion of the target group through the focus groups and case studies.
The study found, in some groups, a lack of aware ness and knowledge in legal matters, specia l procedures to get
inheritance right acc ording to Islamic Sharia. The field researchers and facilitators contributed in presenting the
information, and directing some women, who actually sought specialized bodies and concerned center for help.

Difficulties faced by researchers in the field:
First: Disapproval of women participants to be in terviewed. About 100 wome n were categorically rejecting the
interview due to great fearof parents.
Second: Postponemen t of the interview. Women participants asked to reschedule the interviews more than once. And
most of the interviews were cancele d after coordination and consent of the women participants. This refers to the
difficu lty of access to such cases. Re jection and cancellation of the interviews wa s a huge obstac le faced by the filed
researchers. For instance, one of the women leaders coordinated to meet with twenty-five cases o f women who were
denied inheritance from one area. She informed that they all refuse d to talk about the problem of denial due to fear of
parents.
Third: Requirement o f a large number of women participants to meet in a neutral area far from th eir living quarters to
conduct theinterviews. They wished to bein a place where no one kn owsthem.
Fourth: Requirement of women participants to not record their personal data, wh ich did not affe ct the course of the
interview. But their refusal to identify some importan t information re lated to the problemof denial of inheritance was of
great d ifficulty. They just wanted field researchers to listen to them a nd not to record their voices.

After the field work, im portant notes have been developed for more details about the experience of
women who were inte rviewed:
 There were women who refused to divulge that they were deprived of inheritance. They pointed out that the reaso n for
the refusal is due to the fear of parents and the threat o f rupture of relations. Some po inted out that the reason was d ue to
the culture of "disgrace" created by customs and traditions; when wo men demand in heritance, it is viewed to be ou tside
the customs and traditions of society. Therefore, the society has stre ngthened this culture so that women are unable to
deman d their inheritan ce. In other wo rds, women must be silent to maintain the social fabric.
There were some women who affirmed that what prevents them fro m seeking assistance and going to the judiciary to
reposs ess their rights is the deteriorating economic s ituation; they cannot pay the co sts of lawyers. Researchers guided
women, who wish to seek assistance and direction to the judiciary, to specialists in human rights a nd women's cen ters.
Conse quently, a numb er of them went to these centers for consultation and assistance.
There were some wo men deprived of inheritance because of family intoleranc e. Here, wome n reported that the
distinction between males and females in the family is the direct ca use of the denial of inheritance. For example, the
inheritance share of m ales is officially written on pap er, while the sh are of females is leftafloat with out proof, making it
easier to grab their sha re since they cannotprove their ownership of inheritance.
There werewomen wh o were deprived from marriage to maintain their inheritance shares.
They were forced to remain single in order to preserve the legacy of the family. In some families, in heritance only goes
to male children and is notallowed to be outside the family.
There werewomen we re forced to cede their inherita nce to get paren tal consent to marry.
There were women who have been partially deprived of inheritance; they were co ntent to obtain a simple amount or
portion of a plot of land that is not suitable for ho using or for sa le or agricultu re. They accepted the offer du e to
economic reasons.
There weresome women who have been denied inhe ritance due to ig norance and lack ofawareness of their rights. M ost
of the women who were interviewed, particularly in marginalized areas, got married to relatives who believe that
women must leave th eir inheritance for men. Therefore, these w omen refuse th e idea of dema nding their right to
inheritance. And a larg e proportion of them forgave and gave up their legal rights.
There were women who were divo rced because of their husban ds. Their husb ands asked them to demand their
inheritance shares, bu t their parents refused to recog nize their rights. These women were the victims of the greediness
of the h usband and the family intolerance.

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     Women and I nheri tance Caus es an d Effe cts


      There were women whose husband s were killed; these women were denied their deceased husband's legacy. The
      deceased husband's family does not recognize that widowed women have rights in husband's p roperty after death.
      Some of these women were married to the brothers of deceased husb andsagainst the ir will, in order to keep the legacy.
      There were women who were denied inheritance because of certain legal persons in the society, including reform ing
      comm ittees, clerics, im ams, judges, u niversity profe ssors and others.
      There were women who were psycho logically affected because of the issue of denial of inheritance. Some of them are
      suffering from mental disorders and poor health conditions as a resu lt of rupture of relations and fear of quarrels in the
      family. Others are suffering from poo r economic conditions. There were women who were physically affected and
      subjec t to death threats.
      They were threatened to get murdered as a means of the so called "defense of honor." But in fact, it would be becau se of
      inheritance.

      Main Sections of the Research Repo rt:
      This study contains six sections that are interrela ted. The first section deals with the methodology of the study,
      includ ing the research problem, research objective s and importance, main difficulties faced in the field work, and
      research reference framework. The second section discusses related review literature, which ad dresses the issue of
      depriv ing women of the inheritance. The third sections deals with the characteristics of the study sample. The fo urth
      section discusses the v ulnerability of women whose inheritance rig hts were violated. The fifth section tries to ide ntify
      the ac tual causes of denial of women's inheritance. The sixth section identifies the persons resp onsible for causing
      denial of women's inheritance. The seventh section talks about the effects of the d enial of inheritance on women and
      social fabric. The eighth section e xplores mecha nisms expected from the women participan ts as well as from
      comm unity to contrib ute to the solutions of the issue of denial of wo men's inheritance. In addition, the study affirm ed a
      number of important recommendatio ns that can be sent to concerned authorities. The research report also con tains
      annexes and references.




14
        Section II:
Literature Review


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      Literature Review
      This section reviews the most important related literature to the issue of women's inheritance, in order to
      comprehensively understand and define the concepts and theories th at deal with the subject of study.
      Conse quently, it discu sses the following points:
          1- Definition of inheritance in bo th Arabic languageand Islamic terminology.
          2- Women and the issue of denial of inheritance in different civilizations.
          3- Women's inhe ritance in the Islamic Sharia law (causes, impe diments, and sh ares)
          4- Islam's position onthe legislationsand laws of others nations on women's inh eritance.

      1. Definitions of Inhe ritance:
      Inheritance in Arabic Language:
      The word "inheritance" is defined as follows:
          1. "Survival" It is worth noting that many scholars and writers use the term Elm-Faraid as a syn onym of (Scien ce of
          Inheritance Shares).
          The word al-Faraid isa plural form ofFaridah, whichmeans something made obligatory by Allah.
          2. "Recognition" It is to recognize one's right.

      Inheritance in Islamic terminology:
      Scholars defined inheritance as "rules of Islamic jurisprudence, where beneficiaries from the legal heirs and their sh ares
      as well as the gross estate left behind are identified. It is also defined as "the entitlement of heirs to inherit from th e left
      behind estate of the de ceased."
      Also, in Islamic terminology, inherita nce means the recognition of the shares of he irs in inheritance. It is called Faraid
      (Oblig ations) in Islamic terminology "because they are fixed share s proved by Quranic evidence." It is worth no ting

16
that obligation shares are exclusively used in Islamic Sharia. Ashab-ul-Furud are the primary heirs with fixed shares.
The Quranic shares are six: a half, a fourth, an eighth, two thirds, a th ird, and a sixth.

Importance of Inheritance Science:
   1- Inheritance deals with an important affair of life. It is money, which is a life line.
   2 - Re-distribution of wealth on large numbers after it was possessedby one person.
   3 - Strengthening the bonds of lov e and reducing problems and h atred.

Prophet Muhammed( PBUH) urged people to "learn and teach Faraid" (the shares of the inheritan ce that prescribed in
the Quran).

Sources of Science of Inheritance (Science of Obligations):
The science of inherita nce or obligations rely on the following sources:
    -The basic principles of Islamic inheritance law wererevealed in the Holy Quran.
    -More details of Islamic inheritance were derive d from the saying and practice (Sunnah) of Prophet Mohamm ed (
    PBUH), as in the inheritance of th e maternal gran dmother witne ssed by Al-Mug hira and Abu Salama.
    -Further details o f Islamic inheritance were derived from Ijma(consensus), as in the inheritance of the paternal
    mother by Omar ben Khatab.

It is worth noting that there is a new addition called "obligatory will" to the 1954 Family Rights Law (303), which is
applied in the Gaza Strip.


Tarikah (Left behind Estate):
Tarikah canbe defined as gross estate of the deceased prior to deduction and claims attach to it.
There are five stages that follow after the death of a person:
    1-Taking care of Funeral/Burial of deceased and paying all expenses.
    2-Paying all debts before the execution of deceased'swill.
    3-Paying bequests/legacies up to 1/3 of remainin g estate.
     4-Distributing the remnants of the estate/assets a mong the heirs according to Sharia.
    5-Giving the sha res to Primary Heirs (Obliga tory Sharers) b efore Second Heirs (Residuaries). Scholars have
    ag reed that the will execution co mes after the debts and before the distribution of inheritance. The debts should be
    pa id first since th ey are obligatory, while the will is optional.

2 - Wo menand the is sue of denial of inheritance in different civilizations:
In the systems of inheritance of the previous nations, including Ataiwranyen, Chald eans, Syriac, Phoenicians, Syrians,
Assyrians, Greeks and others, the deceased father used to be replaced by his eldest son, then the most mature male, then
brothe rs, then uncles, and so on until the sons-in-law and all clan members are involved. The systems of inheritance
were famous for dep riving women and children of inheritance. The system of ancient Egyptians showed tha t the
inheritance law comb ined all the kinship of the deceased; they all share the estate equally with no difference between
old or young, nor between male and fe male.
Inheritance of Indian Women: In India, the Hindu women were deprived of the right to property and inheritance (like
slaves). This situation continued until the mid-fifties of the last cen tury. Some Ind ian Intellectuals noticed that Islam
gave women full rights 1400 year ago . Consequently, the Personal StatusLaw in India was amended.

Inheritance of Roma n and Persian Women:
 From a finance perspective, women had no right to inherit. Their property prio r to marriage u sed to be under the
custod y of the father or his closest male relative. After marriage, they used to be the under the guardianship o f the
husband who has the right to divorce, evict, or even take over their property.
As for Romans, women used to have equal shares with men of the left behind estate regardless of the class. But the wife
did not inherit from her deceased husband, because marriage was not a cause of inheritance, so inheritance does not

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      transfer to another fam ily.
      As for Persian women , they suffered from being con sidered low and inferior to men. Unless they were not from high
      class, women had no somerights, including the right to inherit and own property.

      Women's inheritance in Judaism:
      The system of inheritance for the Jews was marked by depriving women of inheritance, whether they are mothers,
      sisters , or daughters. Only males we re entitled to inherit. Women do not inherit unless the son is absent. The text of
      Numb ers 27:8-11, wh ich is cited as th e seminal Biblical source of the laws of succession, provides as follows:
      "If a m an die, and have no son, then ye shall cause his inheritance to p ass unto his dau ghter."

      Women's Inheritance in Christianity:
      Christians do not hav e a special inheritance system ; the Bible has not reviewed legislations go verning the various
      relatio nships; but it w as confined to the religion of Christianity to a ddress moral a nd spiritual aspects. Consequently,
      church leaders decide d to infer and d erive some rules of inheritance from the Roman system and other laws of o ther
      canons.
      Jesus (Peace Be upon Him) refused to act as a judge or legislator, wh en someone cam e to seek him to order his broth er to
      share inheritance. He said,"who makes me a judge or divider for you both?"

      Arab Women's Inheritance in Pre-Islam (Jahiliya) Society:
       Some have suggested that women in Jahiliya did no t inherit; but are inherited as n oted by Ahmed Al-khoznegy, "The
      Arab w omen in Jahiliy a were considered part of the e state. Thus, the widowed woman was conside red an inheritan ce to
      the son of the deceased. This unjust h abit was under way, in particula r among the tribes of Yemen; who were living with
      the Israelis and the Sabians. "
      Arab women in Jahiliya days were not allowed to inherit, neither the daughter from the father, n or the wife from her
      husband, nor the mother from her son. Inheritance was exclusively for men who carried the sword and defended the
      tribes that were people of raids and wars. When her husband died the woman was not allowed to leave the family's
      holdin g, for as soon as he dies one of his kin throws his clothes ove r her and she is inherited by him and becomes his
      property. She cannot leave unless she pays to ransom herself. If a woman is divorced, she is not allowed to leave, but is
      kept in his hold, just to spite her. The m an is allowed whatever number of wives he wished.

      Women Inheritance in Islam:
       Islam elevated the po sition of women . After the launch of Prophet M uhammad's mission 1400 years ago, women were
      given their rights that had been denied in Jahiliya days. Islam provided a safeguard and security for women. The Holy
      Quran contains some verses that talk about inheritance shares. "There is a share for men and a share for wo men
      from what is left by parents and those nearest related, whether, the property be small or large - a legal share."
      [An-Nisa 4:7]. Also, " Allah comma nds you as rega rdsyour children (inheritance); to the male, a portion equal to
      that of two females." [An-Nisa 4:11].

       Women Inheritance in the Modern Era:
      It is clear from the above that there is a setback at th e level of socia l interactions due to the denial of women's right to
      inheritance despite the guarantee of Islamic Sharia a nd laws of this right. Women, e specially in villages and rural areas,
      are subject to this denial and the preference of males over females. People deny women's inheritance; giving flimsy
      excuses and arguments based on discrimination, inju sticeand violation of the comm ands of Allah th e Almighty.
      Some of the main arguments are; giv ing women in heritance of mo vable or immo vable property such as arable land
      leads to dispersal of the wealth of family when women marry off. Therefore; spous es and children will take part in that
      inheritance.
      The truth is that greed is behind all this. On the one h and, the ignorance of women of their right an d subordination and
      submission of women and pressure of family helped in this spread of injustice. This had led to disable the rule of God
      Almig hty and enable the days of Jahiliya.



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3 - Wo men's Inherita ncein Islamic Sharia Law (Causes, Impediments, and Share ratios)
The Islamic Inheritan ce Law is derived from the follo wing four sources:
     1-Thebasic princ iplesof Islamic inheritance law were revealed in the Holy Quran.
     2-More details of Islamic inheritancewere deriv ed from the saying and practice (Sunnah) of Prophet Mohammed (
     PBUH).
     3-Further details of Islamic inheritance were derived from Ijma (consensus), or Qias (Analog ical deduction based
     on Islamic Jurisprudence Framew ork).
     4-Diligence of the companions o f Prophet Muhammad (PBUH)


It was also stressed th at Islam came to establish the principle of justice and human equality. It did not come throug h its
legislation on the prin ciple of the bias in sex. Ahmed A l-khoznegy says, "The settlementbetween th e rights and duties is
the justice imposed by the philosophy of the Qur'an for women; it is the status of women in place of nature, society and
individ ual life."

Of the causes of the revelation of the verses of inheritanceis the denial of women of their share in inheritance. The wife
of Saad bin Rabee came to the Proph et (PBUH), complaining that h er husband die d in the battle o f Ohod, leaving her
two da ughters, but the uncle of her tw o daughters to ok the estate of his deceased brother, and did n ot leave the wife of
Saad and her two dau ghters something. The Prophet (PBUH) said, "Under God in it." Then the verses of inheritance
were revealed. .
Thus Islam elevated the status of wo men who had a n inferior, low standing in Jahiliya days. The following causes of
women's inheritance a re reviewed:

A - Ca usesof Inherita ncefor Women:
There are three causes a woman is con sidered as lawful claimant of in heritance:
     1. Marital tie (Nikah)
     2. Blood Relation
     3. Al-Asabat Sababiyyah (Special Cause)

1. Mar italtie (Nikah)
This is a valid marriage where wife inherits from her husband a fter his death, even if they did not have sexual
intercourse, and as long as the contract of marriage between them is religiously correct, and su ch an inheritan ce is
obliga tory.

2. Bloo d Relation:
Women are lawful heirs if they are either:
     A. Ashab-ul-Furu d (Obligatory Sharers).
     B. Residuary as Al-Asbah bighay riha (Asabah because of Others)
     C. Dhawul Arham (Distant Kind red)

3. Al-Asabat Sababiyyah(Special C ause):
 It is a lso called "kinship wisdom," which refers to the relationship between the freed-slave with her manum itter
because of the grace of emancipatio n. If the manum itter died and left no heirs by blood relation , the manumitted is
entitle d to inherit him. The evidence is the saying of Prophet Muhammed (PBUH), "loyalty is re lation like the blood
relatio n."

After b eing a lawful claimant of inheritance, there are two condition s ofthe entitlementof women 's share. First, one of
the On e of which must be provided an d the second must be presence in the gene;: the fact that his death or be considered
dead b y the judge, man alive, as long as he is able to act in his possessions, when he dies he is totally incapacitated for
disposing of his prope rty was owned b y flies to his he irs.


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      Before the execution of inheritance, following conditions are essentials:
          1. Death of the owner of left behind estate: death must be proven either physica l death (de facto) or legal death (de
          jure) as in case of missing person.
          2. Heirs must be alive: only heirs alive are entitled to inheritanc e. If an heir die s before distrib ution of inheritance,
          then his portion is taken by his in heritors. Unborn child in fetus (embryo) will in herit if he is born alive.

      B. Impediments to Inheritance:
      There are four causes that impede a personfrom inheritance:
          1. Slavery: All Jurists agree that slavery is a bar to inheritance. A slave will not in herit and will not be inherited.
          2. Homicide: Pro phet(PHBUH) said: "One who kills a man can not inherit from him" [narrated by Abu Dawud ].
          3. Difference of Religion: Proph et (PBUH) said: "A Muslim cannot be the heir of a disbeliever, nor c an a
          disbeliever be the heir of a Muslim" [ narrated by al-Bukhari, Sahih al-Muslim, Muwatta, Tirmidhi, Abu Dawud
          an d Ibn Majah].

      C. Wo men's Share in Inheritance:
      The Islamic ruling on inheritance sho ws the eligible heirs and the sh are of women. The Quranic shares are six: a h alf, a
      fourth, an eighth, two thirds, a third, and a sixth. Wom en inherit different shares depending on the degreeof kinship .

      4 - Islam'sPosition on theLegislatio ns and Laws of Others Nations onWomen's Inheritance
       Islam rejected all the provisions of the inheritance, which were based on injustice and inequality, such as the an cient
      Egyptians law, which used to equalize among relatives. As a result, sons precede fathers, who prec ede brothers; and so
      on.
       And Islam did not rec ognize the equa lity of inheritance between the brothers as the French and Roman laws did. But it
      had made three degrees of brothers (full brothers, uterine brothers, an d consanguine brothers). It took those degrees into
      account and inherited the closest.
      Also, Islam acknowledged that the first-born son h as no any preference over the rest of the son s, where the Je wish
      inheritancelaw commands; to the first-born son, a po rtion equal to that ofhis two brothers.
      In add ition, Sharia sta tes that the children of the heirs (son's son, s on's daughter) h ave no right in father's inheritance
      share. The son's son and son's daughter have a lower degree than th e father. On the other hand, the Roman and French
      laws command to the succession of th e son's son along with the son a nd the brother's son along with the brother.
      Furthermore, Islamic Sharia guarantees the right o f women as we ll as the right o f men in their father's inheritance.
      Women were not excluded from inheritance like the Jewish inheritance law. "There is ashare for m en and a share for
      women from what is left by parents and those ne arest related, whether, the property be sma ll or large - a legal
      share." (4:7).
      Unlike the Roman inheritance law, Islamic Sharia rejected that con sanguine broth er's exclusion of full sisters. Islam
      also made grandfathe rs, grandmothe r, and brothers have right in inheritance, because they are eq ual to brothers who
      relate to the father fo r being a first degree. Unlike the French inh eritance law, Is lam does not exclude the bothers.
      Islamic lawprovides both the husban d and the wife w ith adefinite po rtion of each other'sestates. Unlike the French law,
      their in heritance is not attached to a legal judgment.
      The study "Ayesh 200 6" on women and inheritance d iscussed the social, cultural an d economic causes that impede the
      application of Islamic law, which allo ts women the right to inheritan ce. It also explo red the gap between the law of men
      and women's inherita nce and its application on the ground. The stu dy focused on the methodology of field research,
      includ ing tools of focus groups and in -depth interviews. The Main re sultsof Ayesh's study:
      With the existence of a law on inheritance and Islamic law, the majority of women - especially in rural areas - were not
      able to get their share of inheritance . The study considered the cu stoms and trad itions as the s ingle main factor in
      preventing women fro m getting their rights. It seems that the influen ce ofcustoms a nd traditions are much stronger than
      the legal text itself, whether for Muslims or Christian s.
       The s tudy also confirmed that oppo rtunity for women in the city to inherit land and real estate is not large; as this
      property remains in th e names of males. The status of women participants in the city is not differe nt from the status of
      women in the village regarding dema nding inheritance.
      According to the stud y, being a working woman played a negative role in demanding inheritance. Work has reinforced

20
the idea that 'there is n o need for mone y.' Thus, they relinquish their inheritance shares. Even if women were not in need
of mon ey or inheritan ce, inheritance remains a legitimate right. Also, there was a relation between education and the
cession of inheritance, where women give up their inheritance becau se parents sent them to school which is considered,
by these women, a gift not a right.
The stu dy also indicated that there is a great need for activating the la w and creating mechanisms to implement it so that
women get their inheritance right. It is the responsib ility of human rights organization in general, and women's rights
organizations in particular to support women to get their rights. Th ere are women who are reluc tant to demand their
inheritance rights bec ause they want to maintain a good relationsh ip with siblings, thereby streng thening their status
within the family. Others fear society to blame them. However, there are women who want to demand their inheritance
right, especially poor women and wives incited by h usbands. There is a lack of cla rity on how to demand inheritance
right th rough court. Some court cases were successful to get the who le or portion of inheritance because siblings feared
disgrace.

In his a rticle on Islam and women's in heritance right, writer Fehmi Huaidy stressed:
"We c annot address the issue of wom an's share of inheritance in isolation to understand the position of Islam o n the
family and the positio n of the father in thefamily. Lik e all religions, Islam sees that the family is the basic cell of society.
It is ba sic that the man is responsible for the family 's welfare, while women are n ot required to share in the family's
expenses. It is relatively true that a woman's inherita nce is half that o f a man's. In other words, man is sometimes found
respon sible for spend ing on the family; it is not right that his responsibility is not th is way. This is what makes it equal
between man and woman in relation to shares of inheritance. This also gives the opp ortunity for women to increase their
share in other cases. And doubling the man's share of inheritance over women's is not an absolute truth. But it is
applicable in certain c ases. There are cases that shares change according to the legal status of each. It means that sh ares
in the Islamic inheritance system are not distributed on the basis of m asculinity and femininity, but they are distributed
accord ing to the size o f legal and social responsibility for both men a nd women."

In the view of Asma Khader on women's property right, she sees that Islam considers a woman a separate fina ncial
entity. Islam guaranteed her right to property and inheritance (within particular shares), and freedom of trade and
investm ent of her wea lth, as did the law. But reality shows that women do not enjoy these rights. Statistics indicate the
low proportion of real estate, economic projects, and securities owned by women. O ne of the most prominent means of
divesting women's property is the excuse that they are not responsible for the fam ily's expenses. Such an excu se of
social pressure justifies forcing them to give up their property right. And women responded to this customary trad ition
to the extent that it bec ame a shame fo r women to cla im their share o f inheritance, or hold accountable for the profits of
money invested, or re quire accounting for shared income of property with the family. One of the violations of wom en's
property right happen s when a woman demands her share from half brothers. This often happens upon the death o f the
deceased, and before the heiress comes over the shock.
Arab women adopted the classical liberalism theory, where they focused on the legal rights of w omen and equality.
Women in Palestine have exerted a great effort work ing on laws and legislations since the Oslo Ag reement until th e al-
Aqsa Intifada (1994-2000). The women's organizations were convinced that the law is a tool for social change with
raising the slogan of a ccess to laws based on equality and human rights. Arab women also adopted to re-read the Koran
and its interpretation from a women's perspective in o rderto avoid co nfrontation with society.

The argument of Arab women, including Palestin ian, was that Islam adopted a gradual approach in legislation
provis ions, which me ans that there is no stability and rigidity of the situation over time, For example, Farida Ba nany
consid ered that the Koran does not have any gender discrimination in the organ ization of social relations and the
practice of civil rights. This means that the general principle is eq uality between genders in the social rights o f the
individ ual. And she considered that the restrictions prescribed by Islamic law were based on specific social and
historically causes that have been overtaken and elim inated by the existing social circumstances. She also considered
the maxim that says: "Governance is going with the presence or absence of its cau se." What have been enacted as in
restrictions are temporary provisions based tempora ry on changeable causes done people that has no any sanctity. It is
possib le tobreach and replace it by other diligent provisions to chang e the cause that prompted the first diligences.


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22
                         Section III
Characteristics of the Study Sample


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      Characteristics of the Study Sample

      This section explores the characteristics of the sample, such as demo graphic characteristics, level o f education, average
      incom e, housing cond itions, family relationship, and level of wome n's property. Th is is to understand all of the so cial,
      cultural, and political factors surrou nding women and to realize what extent th ese characteristics are connected,
      whether they are positive or negative factors, to the d enial of women's inheritance, or women's ability to demand their
      right.

      First: Characteristic s of the Study Sample
      Demographic Characteristics:

                       Table (1): the distributio n of women participants acco rding to demo graphic characteristics




24
1 - Go vernorates:
Table 1.1 illustrates the distribution of women participants in the stu dy according to the governorates of the Gaza Strip.
The nu mber of women living in the North Gaza gov ernorate reached (81) women, with a percentage of (21.9%) o f the
total participants in the study (370). Next, the number of women participants from th e Gaza governorate is (125), with a
percen tage of (33.8%). While the number of women participants from the Middle Area is (55) with a percentag e of
(14.9%), the number of women participants living in Khan Younis is (69), with a percentag e of (18.6%). Then
participants from Rafah are (40), with a percentage of (10.8%). It is worth mentioning that the distribution of the
sample was proportio nal to the population census in the governorates of Gaza Strip , ensuring a good representation of
the characteristics of the population study.


2 - Pla ce ofResidence:
Table 1.2 shows the distribution of th e study sample according to the place of
residen ce. The results show that more than half of the women partic ipants in
the study live in the cities, with a percentage of (5 8.9%). While women
participants who live in the camps came second with a percentage of
(23%), women who live in village s came third with a percentage of
(18.1%) asshown in th e opposite figure.
                                                                                                        58.9 %

3 - Age :
 Table 1.3 shows the distribution of women in the study according to
age group. The results show that the categories (30 -39) and (40-50)
years constitute two-thirds of women participants in the study, with a
percen tageof (67.6%) as shown in the opposite figure.


The Level of Education of Wife and Husband:
Table (2): the distributionof women participants according to the
level o f education of wife and husba nd (starting with the highest
percentage)




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      1 - Lev el of Education of Wife:
      Table 2 shows the distribution of participant women according to th e level of education of wives. The results show that
      the largest proportion of women had the seconda ry school certificate. They are 143 women participants, with a
      percen tage of 38.6%. Next, the women participants who had dropped out the preparatory stage are with a percentage of
      (22.4%). But, the wom en who left education at the p rimary level were accounted for (14.9%). Then, illiterate women
      and who did not receiv e any education was of percentage of (10.5%). It is noted from the previous results that half of the
      women did not reach the level of secondary education, with a percen tage of (52%) of the total of women participants in
      the study.

      2- Level ofEducation of Husband:
      Table 2 also shows th e level of education of husbands. The results show that the educational level of the husband is
      concentrated between the primary and secondary school, with a percentage of (68 .1%). In a comparison between the
      educational level of h usband and wife, the results sh ow that the husband has a relatively higher lev el of education than
      the wife. The percentage of husbands whohave a univ ersity degree is higher than the percentage of women.




      The M arital Status a nd Job Status
           Table (3): the d istribution of women participants according to Marital Status and Employment Status




      1 - Marital status:
      The resultsin table (3) show that married women form thevast majority of the women participants, with a percenta ge of
      (80%). In contrast, 9% of the total women particip ants were divo rced. And the
      percen tageof widowed women was (11%) as shown in the opposite figure.
                                                                                                                     Divorced
      2 - Job Status:
                                                                                                                    10%

      Table 3 also shows the results of the distribution of women acc ording to the                                10% Widowed
      emplo yment status. The results show that the large st proportion of women who
      participated in the study are not working; (290) woman, with a percentage of
                                                                                                      Married
                                                                                                        80%
      (78.4%). While (14.9%) of women participants are looking for work, the
      percen tage of retired women reache s (1.4%). And the percentage of employed
      women is only (5.4%).

26
Average income and source of income:
  Ta ble (4.1): the d istribution of women participants according to the average income and source of incom e.




1 -Average Monthly Income of the Family:
Table (4) shows the distribution of th e study sample according to the average monthly income of the family, where the
vast m ajority of wom en participants are of low-inco me families with less than (NIS 1000). This reflects the economic
conditions and low family income; le aving an impac t on how dealing with the issu e of inheritance . The percenta ge of
women participants, who have a family income of le ss than (NIS 1000) is (87.6%). In other words, this category falls
under the absolute povertyline accord ing to the definition of "the Palestinian Central Bureau of Statistics."

2 - Source of family I ncome:
Table (4) also shows the distribution of women participants according to the source of family income. The results show
that majority of women participants are dependent on humanitarian a ids as a sole sou rce of income, witha percentage of
(73%). And women who depend on a permanent job as a source of m onthly income are of (13.2%), whereas (8.13%) of
women rely on the pension.



              Table (4.2): the distribution of women participants according to the work of husband




1-Husband's Work:
The re sults in Table 4.2 also show that the unemplo yed formed the majority category with a percentage of (72.1%),
while the percentage of husband workers is (15.4%. While the percentage of e mployed husbands is (10.8%), the
percen tageof retired husbands reache d (1.6%).



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      General Characteris tics of the family and housing:
          Table (5): the d istribution of women participants according to the general characteristics of the family




      1 - Ty pe of family:
      Table (5.1) shows the distribution of women in the study according to the type of family. The results show that m ore
      than ha lf of the wome n participants are living in extended families, w ith a percentag e of (51.1%). But the percentage of
      women who live in nuclear families is (48.9%).
      2 - Type ofHouse:
      Table (5.2) shows the distribution of women particip ants in the stud y according to the type of house. The results show
      that th e largest propo rtion of wome n participating in the study is living in their own houses, with a percentag e of
      (91.6%), while the percentage of women who live in rented houses is (8.4%).
      3 - Type ofHousing:
      The results in table (5 .3) show the distribution in th e study according to the type o f housing, where the percentage of
      women who live in in dependent houses is (43%). Wo men living in a n apartment in the family house are of a percentage
      of (28.9%). The percentage of women living with the family is (28.1%).
      4 - Kinshipwith Husband:
       The k inship with the husband is a factor affecting the problem of d enial of inheritance, where it is believed by some
      memb ers of society that giving wom en the right to inheritance and property would give this right to other individ uals
      and strangers, like hus bands, to share in the inheritan ce.
      Table (5.4) shows the distribution of women in the study according to kinship with husbands, where results show that
      approximately one third ofthe women participants has no relationsh ip, with a perce ntage of (37.8%). The percenta ge of
      women who have first-degree relationships with their husbands is (2 5.1%).


28
Second: Size of the Problem: o Private property:
                 Tab le (6): the distribution of women participants according to private property




The results in Table (6) show that the number of women (163) has private property, with a percentage of (44.1%),
while the number of women (207) does not have a ny private property, with a percentage of (55.9%) of the total
number (370) of women participating inthe study.


Type of Property:
           Table (7) the distribution of women with private prop erty according to the type of property




The re sults in table (7 ) show that (88) women have houses, with a percentage of (50%). (46) women have a plot of land,
with a percentage of (26.3%). Some women stated that they own c ash money, with a percentage of (12%), while the
percen tageof women who have other assets is (7.4% ).Other women have gold and jewelry with a percentage of (4%). It
is worth mentioning th at there is a generaltrend in soc ietyfor not disc losing or reduc ing the size of the property, because
there is a sensitivity to frankly talk about the average income and economic level. The results show that (55%) of
women having private property lives in cities, while the percentage of village women having private property is (16 %).




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      Relationship between Women's pro perty and Governorate:
                        Table (8): The distribution of women's property according to governorates




      The results show that the majority of women havin g private property live in Gaza City, with a p ercentage of (40%).
      Next, women live the North Gaza gov ernorate, with a percentage of (22%). Rafah women come third with a percentage
      of (15%). Women from the Middle Area are of a percentage of (11%).



      Vulne rability of Wom en to the Denial of Inheritance Rights
          Table (9): the distribution of women participants according to vulnerability to the denial of inheritance




      Table (9) shows the responses of wo men participants according to their vulnerability to denial of inheritance. (88)
      women confirmed that they were den ied, with a percentage of (23.8 %). (76.2%) of women stated they were not su bject
      to denial of inheritanc e.




30
The level of Education ofwomen deniedinheritance
                         Table (10): the level of e ducation of wo men denied inheritance




The re sults show that women denied inheritance ou t of the study sample were of 2 3.8%. The resu lts also indicate that
women who received the secondary level of education or less were the majority wh o have been sub ject to violations of
the denial of inheritan ce, where the results show that (14%) of disadv antaged women were illiterate, and (18.2%) got to
the primary level. While (28%) of them reached the p reparatory level, (27%) of them finished high school. The findings
also sh owed that thes e percentages are decreasing d ramatically in the category of women who had higher educational
opportunities such as the intermediate diploma, university and postg raduate levels; these categories are only of (9%) of
women who have been deprived of th e inheritance. Consequently, it is noticed that education is not a significant factor
to enable educated women to get their inheritance; whereas the so cial and cultura l factors are m ost influential in the
issue o f inheritance.




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32
                                     Section IV:
Vulnerability of Women to Denial of Inheritance


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      Vulne rability of Wom en to Denial of Inheritance
      This section seeks to identify the extent of women's access to inheritance or deprivation of this rig ht, to get suppo rt, to
      disclose the reasons why women are reluctant to seek support or claim the inheritance right, as well as to identify the
      option s that women preferin case inh eritance is distributed

      How demanding are women to inheritance right:
             Table (11): Distribution of women participants according to their demand of inheritance right




       It is c lear from table (11) that there is a substantial rise by women to claim their right to inherit from their paren ts, as
      results showed that (6 3) women out of (88)demanded their right to inheritance, with a percentage of (71%). This m ay be
      due to several, social, economic and cultural factors:
      - Leve l of education o f women and its relationship to the claim of women's right to inheritance, wh ere women who had
      preparatory or secondary education represent a high proportion of w omen who claimed their right to inherit from their
      families, and the percentage of women participan ts in this categ ory was (57.2% ) of all wome n participants who
      deman ded their right.


34
-The re sults also show that the econom ic factor had a role in motivating women to c laim their right to inheritance in the
catego ry of women participants with ( 1000) NIS as a monthly average income of the family, where the percenta ge in
this category is (96.8%) ofall women participants who demanded th eir inheritance right.
 - The results also sho w that families with unemployed husbands were encouraged more to demand their inheritance
right, where the percentage of women who claimed their right to inheritance from the family and w ho had unemployed
husbands was (52.5%).
- In addition, the results show that the nature of the society where women live has had a role in the knowledge an d the
nature of social relations, as it showed that women in the cities have higher proportions to claim the ir right to inherit the
family more than area s like villages an d camps with a percentage of (60.3%).

Reaso ns that motiva ted women to claimtheir right to inheritance: (multiple choice)
   Ta ble (12): distribution of women participants according to reasons that motivated women to claim their
                                               inheritance right




The reasons that driv e women to claim their right to inherit vary a ccording to social and economic characteristics of
women participants. (Table 12) shows the answers o f women participants who claimed their inhe ritance right an d the
main reasons that drove them to do th at, where (63) o f women participants indicated thatthe first reason was "becau se it
is my legitimate righ t,"(50.7%) of women participa nts expressed that the second reason was due to "bad economic
situation."While (%3 1.7) of them referred to " feeling of injustice an d inequality" as the third importantreason came in
the third place in terms of the main reasons, "the sense of injustice and inequality", where the percen tage of women who
expressed such a reason (31.7%). The lastreason in termsof importance was "becau se my husband made me do it," with
a percentage of (14.2%).

This is what "Mrs. Za kia" from Khan Younis - Abassan insists on where she says: "My husband is an employee, and
my situation is fine. But this is my legitimate right andI have to ta ke my share like my brothers."
What Mrs. (S - G) from Gaza City sa ys is compatible with the deprived women: "I insist to get my right and I'm not
giving up at all. Even if the court gives them the a partment (pa rt of inheritanc e), I will blow myself up inside it
and not let them take it because it's mine and my husband's. Tha nk God I'm strong and patient."
Ms. (A - E)from Beit Lahiya said, "I want my right; all of it."

Ms. (H - V) from Rafah - Tal Al-Sultan says, "That's why a woman shouldn't be shy, and she should demand her
right."
 Lawy er Islah Hassanieh has supported women's inheritance by say ing: "It's a guaranteed right by Sharia and the
power of law. If we go back to Surat Al-Nisaa' (the Women) we know that shares are distributed as a right and it
has nothing to do with the economic situation of women. She added, "Some wo men are convinced that they have
an inheritance right andthey demand it and fight for it."

50.7% of women participants confirm ed that the reason for their demandis the poor economic situa tion, where Ms. (M -
A) of Rafah said, "My sisters and I demanded that they give us our share in the land, especially bec ause our situation is
really bad. My sister lives in a stall lik e house with three boys and five girls, and this land can help somehow. "
And th e reason that made Ms. (Y - X) of Khan Younis - Khuzaa claim her right is, " I demanded m y inheritance right

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      because I really need it. And my husband's family doesn't have a piece of land, andI need the land so I can plant
      wheat in it. Then I will sell it and spend on my house from the outcome. Also, that saves us vegetables if we plant
      them. At least this way we can get our food and drink for free becausewe basica lly buy everything."
       This is what was co nfirmed by law yer Hanan Matar from the Wo men's Unit of the "Palestinian Centre for Human
      Rights by saying, "The economic situation has contributed in w omen's demand of inheritance even if it's little
      because they urgently need it. And they accept what is offere d to improve their economic status and living
      conditions."
      14.2 % of women's answers who claimed their right was upon the request of their h usbands and th is is what happ ened
      with Ms. (Z - A) of Khan Younis, sa ying, "My husband wants me to get my share because he gave all his sisters
      their shares."

      Furthermore, Ms. (B - Z) from Alzaitoun Gaza said that her husband made her de mand her right and she says: "My
      husba nd asks me to g et my share fro m my family."
      Ms. (T - D) from Deir al-Balah is a lso pressured by her husband ; so she's dem anding, by saying, "My husband
      threatenedto divorce meif I don't go to court."
       The results also indicate that the rea son women de mand their right is because th ey feel oppressed, where 31.7 % of
      women have expressed, and in this, M s. (K -H) of Beit Hanoun says, ""My half sister from my father side told me
      that she got 2000 dinars as her share in inhertiance. I didn't feel s he was deprived like me. Why didn't my brother
      give m e my share, which is not even from him but m y father's? I don't know; I just felt persecuted."

      The pe rcentage of other reasons for the claim is 6.3% of women's answer, which is small compared with to previous
      reason s. The reason of Ms. (M- R) from Rafah wa s different from that of her cou nterparts; as s he claimed her right
      because she fears life as she said, "M aybe tomorrow - God forbid - we get upset or divorced, where can we go then
      ..? Tha t's why we wa nt our share in the house."

      The ex tentof women seeking supporting bodies to claim their inheritance right:
       It is noted that (38%) (one in every th ree women) has sought a supp orting body to claim the inheritance right from the
      family, while 62% of women didn't se ek any supporting bodies.
        This illustrates the s ize of target group that intervenes and provides support to these women. The following figure
      shows the distribution of women participants in accordance to seeking supporting bodies.

      Figure (A)Distribution of women pa rticipants acco rding to whether they have/ ha ve not sought supporting bodies:




                                                                                   Yes



                                                     No




                                                               Yes   No




      This shows that (73.6 %) of respondents have not sought legal advice, while 26.4% of them have. That also shows that
      (23.1 %) ofwomen of the same target group went to the court to get th eir right, and (76.9%) of women did not do so.


36
     Table (14): Distribution of Wo men participants according to supporting bo dies that women have sought




According to the find ings made by a sample case study, it appears that (57.6%) o f women have sought brothers and
relativ es as supportin g bodies, while (45.5%) of women have sough t tribal chiefs and reforming c ommittees, whe reas
(3%) o f them have gon e to human rights organizations, and (3%) of themhave sought women organizations, noting that
women may seek more than one side.
Hassan Al-belbaisy h as supported women in claim ing their righ t and seeking appropriate ins titutions by saying,
"Wom en woman shou ld use all possible ways to get their right before any confronta tion, like reformation bodies. They
should ask for their share from the fa mily. If that do esn't work, then she can claim her legitimate right through legal
institu tions. Confrontation could be used as a last op tion and there is no problem in using it; even the law would b e on
women's side."

Dr. Hassan Al Jojo, Chief of Judiciary Court, has na med some institutions that the woman needs to get help whe re he
said "the woman - as I mentioned b efore- needs support from the community, organizations, hu man rights and law
centers. She should also learn about her rights and era se her legal illiteracy."

Reaso ns that prevented women from seeking any supporting bodies
     Table (15): The distribution of participants a ccording to the reasons that prevented from seeking any
                                                supporting bodies




On the other hand, the percentage of women who didn't seek suppo rting bodies to claim their right of inheritance was
(62.5 %) oftotal wom en deprived of inheritance.

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      Table (15) shows the main reasons that prevent a woman from seeking any su pporting bodies and claiming her
      inheritance right. (41.8 %) of women participants be lieve that the main reason was fear of family relations' loss a nd to
      keep the ties in the family. The second important reason was the social disgrace in demanding inheritance, with a
      percen tage of (25.5 %). While (9.1 % ) of women did not demand their inheritance right because they were forced to
      give up this right in many different ways. (10.9%) of women have stated that they did not know who they should se ek to
      claim their right, and this shows the ignorance of laws and procedures related to this issue. Th e high cost of legal
      procedures was another reason that makes women unable to claim th eir inheritance right. A threat by certain people was
      a different reason wh y women didn't claim this righ t, with a percentage of (5.8%) Preacher Hassan Al-belbaisy has
      assured the legitimacy of women sa ying, "A woman has a legitimate inheritance right, and she should get it; it's
      confirmed. In case she doesn't get it, then she has to claim it through the power of law despite of her vulnerability. It's an
      ensure d equal right; it's legitimate."

      Dr. Hassan Al Jojo h as supported women who hav e chosen "It is because my legitimate right" in their answers by
      saying , "It's a fact that women seek to demand their right because it's legally ensu red, and there are women who start
      deman dingtheir right depending on this fact."

      The sp eech of lawyer Islah Hassanieh was supportiv e to what women have chosen in getting their right completely as
      she says, " It's a right in Surat Al-Nisaa' ( the Women ) in the Holy Quran that the po rtion of a male equals to that o f two
      females, and the distribution of shares with Ashab-ul-Al Furud (primary heirs) and Al Asabat (Residuaries). And what
      remains from (Tarikah) estate is left a mong Residuaries, including the uncle or the g randson."        In the same con text,
      the tribal chief Jamal A bu Shamas po inted out," Women'sright is legally ensured, and there is no re asonto make sp ecial
      excuses in light of inte llectual and society development that's ensured by law."

      Persons Who have Supported Women in the family :
      Table (16):The distribution of wome n participants a ccording to persons who have supported women in the family




      Table (16) shows which person in the family has supported the wom an in claiming her inheritance right in the family.
      The results show that (39.7%) of women have sought the sister first, while (25.4%) have sought the mother after. This
      shows the social mobility in cases of family conflicts where women first seek the small family, an d if that doesn't help
      then th ey seek the extended family. This keeps going wider until it reaches other parties like re forming men, tribal
      chiefs, and feminist and social establishments. The se results come indeed to confirm previous results. In the same
      contex t , there are many kinds of violence targeting women to deprive her of inheritance right as in Ms. ( K-D)'s case
      from Deir Al-Balah, who showed how her sister supp orted her when she went to get her share from h er uncle.



38
Ms. ( K-D) has hired a worker in the bakery she has established on her dad's piece of land that sh e inherited. All of a
sudden, her uncle and his sons came and attacked this worker inside the bakery. She says, "My sister and I pulled the guy
away fromthem and I hit my uncle on his face because it wasn't the b aker's fault. We are the ones who brought him. They
came in with sticks, dagger, and hoe. My cousin threw me on the fence and hit me withthe hoe , a nd the other cousin
took m y sister and hit her and then put the dagger on her neck and injured her, then she pushe d him and hit him.
At tha t time she stood up with me and she was the one who supported me to fight for my share in my father's
land. W hat happened made us seek others for help."

Ms. (M - R) from Rafah says, "After the death of m y dad, me sis ter and I requested that our s hare in the go ld at
least, a nd we stood together.”

 Ms. (A - F) from Al-Fokhary says, "I went with my sister to our brother the next day and we startedtalking a bout
the issue" i.e. asking for her share from her brother."

Ms. (L - K)from Khuz aa'a said, "My sister came to me and told me 'hey Latifa,' we need to go to ouryounger uncle
and ask him for our sharein the land."

(25.4%) of women an swered that the mother is the one who supports the daughter to demand her right, and we can see
that clearly in the story of (A- B ) from Al-Buraij who was kidnapped several times because of inheritance. Finally she
got killed and accuse d of disgrace for the same reason, yet in all attempts the mother stood up to those persons
respon sible for causing deprivation to protect her dau ghter and fight for her right.

(4.3% ) of women stated that the father is the one who supports them as in the story of Ms. (E- N) from Al-Buraij. She
said that all the family supported her after her husba nd passed awa y, but the main supporter was her father when she
claimed her inheritance right from her husband's family. "My fam ily stood up with me in everything. After two
weeks of suffering from my mother-in-law and her daughters I asked to go to m y family's ho use. My family was
refusing to avoid peo ple's gossip, a nd they wanted me to stay until I finish mourning in my house but I couldn't
take it. I told them I would burn myself if I stayed there and then I left. My da d came and too k me, and after all
that all stories happe ned. My dad didn't leave me at all; he went with me to get all procedures done so I could get
my rig ht.”

 Also the results show that (12.7%) of women deprived of inherita nce have asked their uncles or their sons and they
supported them to cla im their right. M s. (L - K) is one from Khuzaa'a who said: "We went to our uncle and told him
the story. He said, 'ta ke some of my land, but plea se don't be upset.' He added, God willing, tomorrow I'll g o to
your uncle to ask for your share. But I'm afraid he would say that I'm the one pushing you to do so. We told him
we could go with you andhe accepted. Next day, we met together andwe went to see the other uncle."

While (6.4 %) of women participants were supported by the rest of the family. And only about (1.6%) of women were
supported by maternal uncles and the ir sons. That shows clearly that maternal uncle s and their sons rarely play a role in
supporting women claiming their right because they are afraid of family conflicts.




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      Decisions that Women should make when Inheritance is Distributed
      Table (17): The distr ibution of women participants according to decisions they should make when inheritance is
                                                         distributed




      Table (17) shows which decisions that a woman sho uld make when inheritance is distributed. The majority of women
      participants (4 out of 5), with a percentage of (76. 8%) go for getting their share completely. W hile (16.8 %) of all
      women participants a ccepted a satisfactory share tha t is less than wh at they actually deserve. And 6.5% of them ch oose
      to yield and give up th eir inheritance right.

      Motiv es and reasons for choosing to getthe full share according to Women participants
       Tab le (18): Distrib ution of Women Participants according to Reasons of choosing to get the complete share.




      Table (18) shows the motives and reasons for choo sing to get the inheritance co mpletely according to the women
      participants. (97.9%) of all women participants agreed that the first reason was "because it's their legal right", and that
      refutes the assumption of"the ignorance of woman in rules of Sharia and law." They alsosay that th e second motive and
      reason wasthe certain ty that "they are right", and that's with a big difference from th e first reason with (21.1%). The last
      reason according to th em was that "th ey get support" and that represents (4.2%) of w omen participa nts.

      Reaso ns of Women's Fear to Demand Inheritance
      Table (19) Distribution of Women Participants acc ording to reasons of fear tha t prevent women from demanding
                                                  their inheritance right




40
The results in table (1 9) confirm wh at was attained previously abo ut the reasons that prevent women from claim ing
their inheritance righ t. The first reason was "the aggravation of fam ily conflict," with a percentage of (63.8 %). The
second reason that women participa nts mentioned about women 's fear to claim inheritance was "the belief it's a
disgrace to claim inheritance," with a percentage of (34.3 %), and then that" there is no one to suppo rt them in the family
and the society" with a percentage of (28.6%). The last reason was "a threat to get killed"with a percentage of (13%).

Women in our society are put under pressure to give u p their inheritance right for males inthe family; this pressure could
be either visible or inv isible. So when many men claim that their sis ters gave up their shares willingly, women actually
give it up because of social traditions that prevent women from sharing their brothers in inheritance. A woman who
claims her right is seen as if she comm itted a sin or d id something sh ameful that ruins her reputation and her family's as
well, ig noring that this woman is demanding a right that is ensured by Sharia and law.

In the same context, fear is the main factor to the lo ss of women's inheritance righ t- according to results of samp le of
case study- and not cla iming it. The fe ar percentage was high and equals (44%), in addition to (14%) who believed that
their fear was medium. While (42%) o f them believe d that there is no fear in claiming inheritance - as shown in figu re B
-. Kno wing that 100 women refused to do interviews or talk about th eir inheritance denial problem and the reason was
fear.

                                                     Degree of Fear



                                           None                               High



                                                         Medium


                                                  High     Medium     Non e




Lawyer Islah Hasanie h commented on women's fe ar saying, " "We can't deny that there are weak women and
others who fear claim ing their right.”

Preac her Hassan Al-b elbaisy also sa id about woman 's fear and her knowledge of her rights: "It's clear that a wo man
knows that law can get the rights of hers, but she needsthe coura ge toget her right by claiming it."

Other reasons that make women not demand their in heritance - according to the case study- is the emotional side and
how th ey think about the importance of keeping their families and to be merciful with the family m embers. Ms. (K-S)
from Rafah said, "My brother is rig hteous and he didn't take my share. The situation is hard and that's why he
can't g ive me all the money now, but he's told me that we could g o to the lawyer to sign a paper that proves I can
get a portion from him from time to time; it's my right and he's not denying it.”

 Ms. ( K-S) had her ow n reason for not seeking any parties, and she thinks that the traditional Arab judgment is the best
saying , " I'm not convinced by courts and reforming men , I think the traditio nal Arab judg ment gives me my
right immediately and it's decision is powerful. Reforming men o nly give their o pinion and it's upto you whether
you listen or not.”

Ms. (A- K) from Khan Younis expre ssed her opinio n about not seeking any parties saying: "I do n't want to go to a

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      lawyer. I know they sold everything and I lost it all and I'll just leave it to God, I'm not going or coming. I don't
      want to go to the court because I'm afraid of problems." She didn't seek help because she was ho peless and she knew
      it was useless. She knew that her share was spent already and she needs no problems, also because she considers herself
      weak a nd without support.

      We can conclude that the main reason thatmakes a woman reluctant to seek any supp orting bodies to get her inheritance
      is that women try to save social relations. We also found that women always try to save the social fabric from deformity,
      even though this deformity might happen as a result of herinheritance denial by destroying her family life.

      As a result of the denial of inheritance, a woman rem ains a victim to the violence exercised against her by depriving her
      of inheritance right. It is found out - through the case study - that if a woman doesn 't demand her right, then she loses.
      And if she demands, she, too, loses. Some women talked about how they suffered from deprivation, beating up , and
      threats to be killed when they had the courage to demand their inheritance right. They also talked about what happ ened
      afterw ard as in the story ofMs. (A- Z) fromAlzawaida:

      The story of this lady began at the death of the father. She knew that her dad didn't com mend or register
      anything of his estate to anyone. All she knew that her legal share was 4.5 do nums and she didn't take any of
      them. She said she got married twice and that she asked for her share from the father's when she was married.
      But her husband didn't get involved in the inheritance issue because he's afraid of her brothers. This lady has 5
      brothers and 3 sister s, where all females didn't get any share. The will of the father was only to give each girl 6000
      Dinar s as a gift, and she actually got 3000 when her father was still alive. She didn't get the rest after he passed
      away because she refusedthe other 3000 against her share. After thatshe pressed charges to g et her legal share of
      inheritance and since then her misery started. The family cut her off completely and she got beaten up and
      kidnapped from her husband's house by force. She was locked up in the family's house, and she suffered mostly
      because the court to ok so long and too much money that she ha d to sell her jewelry and paid the money she got
      from her dad only to get her legal share. Unfortunately, all of that was in vain, and didn't ev en help her get her
      share. This lady remembers - accor ding to the wo manparticipa nt- what the judge told her "daughter, you have
      no one but your brother so reconcile and accept." She censured what the judg e told her, and so she dropped the
      case a nd didn't continue what she started. As a result, she go t divorced and went back to her brother who
      deprived her of her s hare. She lives in a two-room house only with blocks not ev en covered with a layer of cement,
      and the water leaks in winter. The floor has no tiles and one of the room's floo r is still sand as she described the
      house. After all that happened, she comes back to her brother to ask for for giveness. In addition to what she
      suffered, you find the surrounding society use her as a model for the end of women who c laim their right by
      saying "this is the one who stood up for her brothe rs incourts."


      The sto ry of this lady shows how muc h violence a woman who claim s her share can face starting of psychological, then
      physical, to social vio lence. Then to find herself forc ed to give up her demands and to accept the prejudicial domination
      of brothers.

      Ms. (H - H) from Dier Albalah describes how she an d her step-mother suffered wh en they asked for their inheritance
      right from her full brother saying "My step-mother had a big fight with him. He cut my step-mother's hand in half with a
      sword," and she added "my eldest sister requested th e land. She is the one who helped him to marry and have a better
      condition. She was the first be beat, an d he broke her neck." She continues saying, "He was furious andsaid I owe you
      nothing and then he got infuriated a nd picked his gun and shot a ll bullets at me."

      These cases made us ask two questions, "Who protects a woman in case she feared seeking support due to the
      oppression and denial of her inheritan ce? Who protects a woman in case she sought h elp to get her right?These are main
      things the appeared to us during the search.



42
Special Results of Women Participa nts regarding issues of inheritance, possess ion, and taking action
   Table (20) explains the answers of women participants regar ding knowledge of rights and laws related to
                                                 inheritance:




    1-The results of the first statement in table 20 shows the opinions of particip ants on how to take action and sell
    some assets that a woman owns without getting permission from any family members. The percentage of those
    who shows high or very high ability to do so was (44.7%), wh ile (35.4%) of participants sho wed incapability to
    take action and m ake decisions about this matter. Participants who expressed average ability in using and dealing
    with their own sh are represented (19.9%)
    2-The majority o f women participants in statement 2 expressed the "very high" necessity of women's right of
    inheritance and that with a perce ntage of (92.4% ), in addition to that, the rest of women participants expressed "
    high" necessity to claim these rights. That means all women in cluded in the study believe in the necessity of their
    inheritance right.
    3-Statement 3 in the table talk s about If women were dep rived of right of inheritance in the surrounding
    co mmunity, where (70.2%) of all women participants pointed out that they've heard "much" or "too much" about
    these cases. On th e other hand, (15.8%) of women participants said that they've heard "little" o r " very little" about
    this topic in the surrounding com munity.
    4-Statement 4 sho ws that about ( 25%) of women have heard " very much" or "much" about women who claimed
    their share in courts and got it in theirsurrounding community, and that shows the spread of this phenomenon in the
    co mmunity of the women participants.
    5-The results sho w in statements 5 that (50%) of women participants assured that women d on't have the will to
    claim their inheritance right.
    6-Statement 6 assured what was attained earlier. Where 63% of all women participants think th at women don't find
    the required and n ecessary support to claim their inheritance rig ht.




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44
                      Section V
Causes of Denial of Inheritance


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      Causes of Denial of Inheritance

      This se ction discusses the outbreak of causes that led to the denial of women's inheritance right, ac cording to the v ision
      of wom en participants andtheir ideologies.

      It is noted from the previous results th at fear is one o f the main causes why women did not to demand their inheritance
      right; which leads, in turn, to dedicate to depriving of inheritance right. Other causes of denial of wo men inheritance are
      such as, ignorance of law, ignorance of the Islamic law terms, preference of male o ver female, belief that wealth must
      remain for and within the family, women being most vulnerable, and inheritance is going to the family of the husba nd in
      case women get remarried.

                                                     Table 21 shows the percentage of causes as follo ws




      The results of quantitative analysis of women's an swers on the cause of denial of women inhe ritance right a re as
      follows:

      (51.6%) of women's answers indicated that the first cause of denial of inheritance is the ignorance of Islamic law. The
      second cause was the masculine culture in society which prefers males to females in normal life, with a percenta ge of
      (51.2%). It can be o bserved the difference between the first and second cause is little. The third cause was that
      inheritance will go to the family of the husband in c ase women remarry, with a percentage of (36.5%). This is what
      families fear as a natu ral outcome of the patriarchal culture and dominance and mon opoly of money and property in the
      hand o f males in the family. The fourth cause is that wealth must remain for and within family, with a 30.8%. The fifth
      cause is that women are vulnerable , with a percen tage of (25.1% ). Next is the cause of ignorance of law with a
      percen tage of (23%). Women had o ther different causes of a percentage of (8%). It is a little ra tio for a number of
      reason s. It is noted th at the centralization of masculine thinking for society and ignorance of the Islamic law and
      religio n are the core o f social treatment with women within Palestinian society in the Gaza Strip , particularly in the
      issues of inheritance.
      Ms (L - A) From a bord er area in Khan Younis said, "It (denial of inheritance) is because of ignora nceof religion and
      scienc e of shares among people. It is mentioned in the Holy Quran that women must receive their full share and
      right. I cannot understand the mindset of people who make things lawful and unlawful on their own. This is
      disbelief and ignorance.”


46
Ms. (Z - K) from Kh an Younis said, "Mum is not literate and does not know Sharia. She still wants to have
everything until she passes away."

Ms. (S - A) from Gaz a talked about why she was de nied inheritanc e, saying "The y know nothing about religion or
consciousness."
Ms. (J -S) from Musa der described th e ignorance of her brother wh o denied her share, "When we call our brother to
go on pilgrimage to M ecca, he replies hegoes to py ramids since he goes to Egypt."

Ms. (F - A) from Abasan said, " I swe ar to God, if one knows that eventually he/she will take no thing when he/she
dies, people would never eat up others' rights. Ye t greediness m ade people fo rget religion and see nothing but
what they believe."

Ms. (S -K) from Kha n Younis said, "If there are people fear and apply religio n well, all women will take their
rights ."

Dr. HassanAl- Jojo agreed at the resu lts mentioned a boutthe causes of denial of women's inheritance. "He also agreed
with w hat the women participants said in the cas e studies. He m entioned thes e causes as follow: " weakne ss of
religio us and ethical impetus, igno rance of law, cultural hereditary, and fear of property tra nsmission to other
families."

Preacher Hassan Al-Belebaisy said:
"The possessors of inheritance believe that wome n will take their share to someone else. In o ther words, others
will benefit from their right. This thinking is wro ng from an Isla m's point of v iew. Second, there is ignorance of
who deny women their right in that there is a worldliness punishment and punishment on the judgment day.
They ignore the benefit from giving women their right. For instance, daughters of Saad Ben Rabee'a, who was
killed in Ohod battle, were denied their dad's money by their uncle. The wife of Saad went to Pro phet
Moha mmed (PBUH) and said, "O' Prophet of Allah, Saad's brother took his money and as you know the
daughter will not marry without m oney that can help them in marriage life . As a result, a verse of the H oly
Quran was revealed to solve this issue and give the rights to their owners. "If there are two sisters, they shall have
two-thirds of the inheritance (4.17 6). Then the two sisters took the two-thirds and the mother took an eig hth.
And the uncle took the remaining, which was little. This is the nature of Islam in treating who takes the money of
orpha ns."

As for the second key cause of denial of women's legal share of inheritance, Ms. (D -N) from Nusirat said, "My father
used to love and treat his sons more than his daughters. He used to treat them better. He used to marry us off
while we were little."

Ms. (M -H) from Beit Lahia talked about this discrimination differently. She said, "All of my father's sons died. He
only has one. He say s, "He is the only one I have so I am standing for him." My entire father's property is with
him. H e never truste d us."

Ms. (J - S) from Musader described her father's discrimination, "He usedto discrim inate a lot. He wasa dictator and
oppressor. He used discriminate be tween his sons and daughters a lot."
Mrs. (T-D) from Deir Balah said, "M y father was not educated; he did not know how to read. He was elderly,
maybe about 100 years. He was working in his far m. He was stingy. He was naïve. He never likes girls all his life.
My m other used to say: whenever I got a pregnant and once he knows it is a da ughter baby, he used stop talking
to me. "

Ms. (H -G) from Gaza said, "My mo ther does not like girls. If she could, she wo uld give the boys everything and
more. I never knew a mother in the world like my m um."


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      Ms. (F- B) from Buraij talked about th e discriminatio n she suffered from by her mother. She said, "My mother pre fers
      boys to girls. She has her share to her sons. And she said that she will give only 100 meters to her daughters. And
      we, gir ls, took nothing."

      Ms. (Y -S) from Rafah affirmed what the previous woman said, "Since we were little, my mother usedto hide things
      to our brothers. She prefers them to us even when eating. She used to hide meat for them and it is not a problem
      whether we ate or did noteat."

      It is noticed that socie ty as a whole carriesthe masculine label. This is considered by society as a clear foundation in the
      core of the family and social relations hipsin the circle of women relations.
      Ms. (S -H) from Beit Lahia said, "In g eneral we, the residents of Beit Lahia, are c itizens (not refugees). And I sw ear
      to you thatthey never gave the girl her legal share."
      Ms. (M -R) from Rafah talked about the discrimination in the Gaza Strip, in general. She said," From the beginning
      there is differentiation between girls and boys. For example, a girl's voic e should not be raised over her
      brother's. And girls always have to keep quite. And girls' opinion are not taken into consideration or even
      listened to as if her wingsare broken before marriage."
      Women in the case studiesmentioned other causes fo r denial of inheritance right.

      Ms (M -K) from Khan Younis said, "My brothers are using the excuse of saying "you want to take your shares to
      others to make them rich" (They refer to their husbandsfrom different families.)
      Ms (S -S) said, "In our area, Shuka , there is no share given to gir ls because families do not ag ree that a stra nger
      will share them in their land."

      Women in cities showed a higher percentage (60.3%) in demandin g their inheritance right than women from villages
      and camps.
      In the context of causes of denial of women's inheritance, there was a visit to experts and judges. Dr. Hassan Al Jojo
      said, "No doubt that society is of a masculine background. Some men think they are superior and that they have
      to take their rights and they see wom en inferior and low."

      Ms. (Y.N) from Rafah said, "We tell o ur mother that she oppressed usand gave us nothing. She saysthat the house
      exists and 'you can come and take what you want.' But I will not give a land to give it to strang ers (husbands). As
      for mo ney, your husbands spend on you.'

      Ms. (T-D) added, "M y family is afraid of my husband. They are not pleased that I am back to him. They want to
      me to live in the stree t. They said since I am back to my husband I have nothing withthem.”
      Ms. (Z -H) from Beit Hanoun summarized two c auses and said, "It is like that. Our husba nds are strangers.
      Generally in Beit Hanoun families do not like giving anything to girls. For example, some people have a land but
      give women a thousa nd or two thousand dollars a nd send them to go on pilgrimage. Others say to women," you
      want to inherit something that is no t yours; it is someone else's ha rd work."

      Lawyer Hanan Matar said, "The na ture of social nurture based on the inherita nce or proper ty of family that if
      giving women their legalshare means the inherita nce will transfer to another family.”
      Through the field research- in case studies- it was fo und that denial of inheritance h as possibly other causes other than
      the mentioned ones, s uch as the case of women una ble to give birth as in the case of Ms. (F- F) from Wadi Arais. She
      said, "I was used to be told because I cannot give birth, I do not need property and money." Or as in cases where
      man is deprived of inheritance becaus e all of his children are only fe males. As a resu lt, it is an indirect denial of women
      inheritance. For example, Ms. (F -A) whose father was denied inheritance because all ofhis children are girls. She said,
      "My father was deprivedof his mother's and father inheritance. My mother got very tired in her life. My mother
      had four girls and no boys. As a re sult, my fathe r's right was denied. He was told that the land will not g o to
      women," who are looked inferior and lowheirs, regardless her inheritance right that is insured by Shariaand law.


48
                                               Section VI
Persons Responsible for Causing the Denial of Inheritance


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      Persons responsible for causing the denial of inheritance:
      This section is trying to highlight the persons responsible for causing the denial of women's inheritance according to the
      case study and in light of the results of quantitative da ta for the study.
      This se ction discusse s a central part that shows who causes the denial of women's inheritance. (202 cases) of women
      denied of inheritance are studied; (102) cases agreed to talk to about their case of th e denial of inheritance, and 11 cases
      were excluded for not meeting the req uired data. As a result, the ratio ns are shown as in Figure C.




                                                                                                          Maternal uncles
                                                                                                          Brother and fath er
                                                                                                          husb and's family
                                                                                                          Paternal Uncle
                                                                                                          Sist er
                                                                                                          Brother
                                                                                                          Mother
                                                                                                          Father




                                          Figure C: the ratios of the perpetrators of he denial of in heritance:

      This section will focus on the fathe r and the broth er as the perso ns responsible for causing the women's right to
      inheritance; because both were cho sen by wome n to be the highest perpetrators of depriving women of their
      inheritance.

      Violation of Women's Inheritance R ight Because o f the Brother:
      It has b een found that the brother is the most responsible person fo r denying wom en's inheritance . The results of (91)
      case studies showed that the key respo nsible person for denying wom en's inheritance is the brother with a percenta ge of
      (43%).

      Ms. (H -S) from Khan Younis said, "M y brothers are not asking aboutus as if they did not know me. They hav e the
      land and wealth. No one of them sa ys we should feed out sisters. One of the bro thers is a merchant and his status
      is very good and does not want to give us our right. My sisters c ame to me and we agreed to g o to our brother to
      demand the land. We said they may be affectiona te and may sym pathize and understand our situation. But my
      brother did not agree andsaid that we have no land at all. And whatever we do, nothing for us."

      There are other many women denied their lands. Some of them have what proves their property inherited from their
      parents and through c ourt. Yet, they were denied by their brothers. Ms. ( H -H) from Deir Balah said, "My four sisters
      and I were denied of inheritance and the person responsible for the denial of inheritance after the death of father
      and m other is our elder brother. He and another younger brother got the inhe ritance. The y ounger brother got
      his legal share. But our shares are still with our elder brother.”




50
She ad ded, "He is dep riving us from our father as well as our mother's legacy. He sa id no one shares him the property of
our pa rents. He said that he is the one who brought back their deceased father's wealth from the stepmother after
fighting with her. So no one inherits it. He added," We never grow and plant the land and that he since along time
has wo rked in it and planed olives. She said she does not unders tand on what basis he owns the land, lives in it,
sells some of it, and that we are deprivedof it."
Ms. (M -G) from Gaza complains the oppression she suffered by her brothers as th ey denied her the inheritance right.
The brothers placed pressure on the father to write and register a ll that he owns for the sons and nothing fo r the
daughters. Sadly she said, "My brother pressured m y father to register his property to the sons. Indeed they c ould
do it a nd the father sold out all that he owns while he is alive. They said that they took care of the father as in food
and drink since they live with him. My father has nothing to say; he is an ill, old man; he will be thrown if he did
not listen to them."

There are many storie s about the denial of inheritance right. Ms. (J-S) from Musade r is one of the surprising cases. She
deman ded her right from her full brother who did not accept to give it to her, but her p aternal brother is helping her to get
her legal right. She said, "My father had a will to give us 6 donums in Mawasy to us, daughters. My brothers from
the stepmother sold two donums and gave each one ofus 11 thousanddollars while my full brother was in Eg ypt.
When he came back, he had a fight withthem why they sold it and why they gav e us our share."

She ad ded, "My full brother confessed before Hoo ly, reforming man, and said that I took a half donums and he
lied to our father and took a half donums extra. And he used the authorization given by Father. He claimed that
he has papers that deny his sons and daughters inheritance. I do not show them because I want to keep tie with
brothers."
Ms. (H-H) from Beit Lahia frankly said that her broth er deprived her and sisters of in heritance. She said, "The brothers
are responsible for causing the denial of our inheritance; the y digested the rights of thre e daughters. They
registered what they wanted for themselves and children and wives. They also registered that they gave each one
of us, daughters, a thousand dollars while they got nothing."

Violation of Women's Inheritance R ight Because o f the Father
The father comes in th e second place a mong the persons responsible for causing the denial of wome n's inheritance, with
a percentage of (21%).

Ms. (S-A) from Beit Lahia said, "As for my father, he was married to two women. He had two sons from the first
wife. And he had 6 sons from the secondwife. And the daughters are all four. He gave the sons anddenied us . He
gave 15 sons the land. He deprived two sons in addition to the daughters. He did not think that the will not have
more c hildren."

Ms. (W-J) from Jabalia is a daughter from the second wife; her father died when she was 12. She h as 5 sisters and four
brothe rs. Her father le ft a huge legacy after death. This wealth is a to wer, lands with 7.5 donums, gold and cash. All was
in the h and of the first mother and it is about 10 thousand dinars. Be fore father's dea th, my mother asked him to write a
will to cede all of his p roperty to her children only, so thatthe children of the first wife will have no share in their father's
inheritance.

Ms. (T-H) from Beit Lahia talked ab out the person responsible for denial of her inheritance, "My father is educated
and he memorizes the Holy Quran by heart. But he did not educate his sons or daughters. He is 75 but doe s not
look old due to his physical power. He is a greedy man and hard and oppressor. He deprived all of his children,
seven sons and three daughters, of inheritance. He soldout his property and gav e nothing to a nyone."

Anoth er woman denied her father's inheritance was surprised when she knew the person responsible for this denial of
legal right.
Ms. (T-D) from Deir Balah, " My sister and I went to the court and found out that the land wa s registered for our
brothers. This was since 20 years a go when my father was 80. H e was afraid that one of his daughters will get

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      anything from his property. Their brothers told them that they have nothing to say. They are stingy and greedy
      and are not affectionate. In the court, they asked us how we go to complain about our father as he is alive. H e is
      free; he does not want t give you anything."

      Ms. (B-H) from Mugh raga did not co nceal her feelin gs to painfully talk about the p erson responsible for denial of her
      inheritance. She said "My father has a house and register it to for my brother from the stepmother because he
      loved the stepmother more than my mother. We newly knew about the left money and property. It has been 13
      years of his death. The house is on a donum of the land. My brother expelled a ll of my brothers from the ho use.
      My father also has a house in Egypt. Frankly speaking, my brother took it a ll and sold it .They call that land
      "Ezbba" Mango and other fruits are planted in it. He divided it to his brothers from his mother. But he did not
      give anything to us and Mother."

      Ms. (N -S) from Rafah said, "My father bears the responsibility. He was not fair; he gave us nothing. He wasted my
      right a nd my brothers and sisters rightsfrom my m other's property."

      Ms (H-S) from Rafah was shocked and said, "The big shock was w henwe knew that our father sold the whole land
      to his second wife. She refused to g ive us anything. We were all deprived, including our mother, of our father's
      land a nd inheritanc e. All that we g ot is a plot of land of 200 meters. It is the land which our house is built on.
      Perha ps if the house was not there we would have beenexpelled."

      Ms. (A -M) from borde r area in Khan Younis was denied inheritance along with all of her sisters. Th e person respon sible
      for the denial was the person responsible for bringin g them to life. She said, "My a unt asked me to talk to my father
      and asked him for m y inheritance so I can use to build instead o f building in the dangerous border area. I kept
      talking to him in order to get to his feelings but he completely ignored me. I then talked to my mother and sisters
      so they can help and talk to him. They said to me they give up their shares for you. The most important thing is
      that you build and reside. We hope our father will accept and give you. All my sisters have houses and land for
      their husbands. Again, I talked to my father and he said, "Go and build on the border; I have no land." He added
      he cannot divide the landsince his brothers are abroad. This was his excuse. I do now know that he does not want
      to give me a land. I re peatedly said my father is go od and he nev er let me down. But when it comes to the issue of
      land, he cannot help because eh ha tes talking about it. Even if he has no money to buy food he will not sell the
      land. He has always said land is honor and I am sure he will never give it to me."

      Ms. (A-M) said," I really want to know what my fa ther feels whe n he sees me. H e is responsible for depriving me
      of my house."


       Violation of Women's Inheritance Right Because of the Mother

      There are some cases where the mother deprives her daughter of inh eritance; as the mother has the masculine culture in
      society. The mother and the family of husband as persons responsible forthe denial h avethe same p ercentage of (11%).

      Some women in the c ase studies said that the mother is a person resp onsible for the denial,, as in M s. Nema. She said,"
      We we nt tomother a nd asked of our share. She said you are married and have no shares."

      Ms. (A-W) from Bei Lahia suffered from her mother's oppression th at caused denia l of her inheritance. She said, "My
      mother sold the land andlet my sisters and brother sign that they soldthe land as it is one of the inheritance."

      Ms(A-M) from Nusirat said," The m other said it is her property and that daughters are no t in need. I am not
      looking at the inheritance but they do not want to give us anything. If they wanted they would have given us. I
      told my mum that m y aunt gave gold to her daughters. She said no one has gold with me. And we are not obliged
      to give other people a nd strangers o ur property.”

52
Violation of Women's Inheritance R ight Because o f the Family o f the Husband:
Regard ing the denial because of the family of the hu sband, Ms. (F-Y) from Gaza s aid, "My father-in-law wante d to
take anything as in the salary of my deceased father. I told him that he only has the one-third nothing else."

Violation of Women's Inheritance R ight Because o f the Paternal or Maternal Uncle:
The un cle is one the person responsible for the denial with a percentage of (8%). Regarding this, M s. (Y-Y) from Khan
Younis said, "Authorized by, my m other asked for our inheritance from my uncles. They told her she has no
business and that they and their bro ther can mana ge and resolve the problem."
.
Also the case studies indicate that maternal uncles are also responsible for this denial, with a percentage of (4.4%).

Mrs. (L-A) from khan Younis said, "My maternal uncles refused to give us our legal right, which my mother was
deprived of"

Mrs. (F-A) from Abasan said that her paternal and maternal uncles p articipated in the denial. She said, "My father was
a naïv e man. He was the only male in addition to three sisters. His uncles lied to him and let him sign a paper that
states he cedes his land of 10 donums. Only 3 donums are remaining. My paternal aunts asked for their
inheritance. He gav e them a donum and one fourth and the rest was taken by my uncles. My paternal
grandmother was cheated by bothers, too. They invited her and slaughtered a g oat for her. As people said, it (the
goat) was not enough for one man. They all got aroundher. She was happy, poo r woman. Afte r eaten, they let her
stamp on a paper that gives up her land of over 18 donums. This is how my father was denied his father and
mother inheritance. My mum worked so hard in life. My father was poor and my mother always used to de fend
him. She always aske d my uncles of his right. Bt they have not given him anything."

Lawyer Islah Hassanieh, talked about who denied women inheritance right, saying, "Who denies women their
inheritance is a person of no sensitivity, religion, consciousness , nor responsibility. He/she is inanimate, ta king
people's money without right."

Karim Neshwan, Legal Activist and Director of Democracy Center and Workers Rights, said, "W ho denies wo men
inheritance is a perso n ofno belief in the right of women. He is a stingy, greedy person and does not apply Sharia
and law, which are re placed by his e conomic interests."

Lawyer Hanan Matar said, "Who denies inheritance is malevolent andspiteful; he/she is denying the right of God.
And he/she has neither religion nor morals."

Tribal chief Jamal Ab u Shamas said , "Who denies inheritance is not a strong person because he/she has ro oted
convictions."

Observ ed the size of th e problem including violence against woman, we may think, at first glance, the characteristics of
the person who is causing the denial are represented in ignorance and illiteracy and so on. Yet, it has been fo und,
accord ing to the cases , that it is not a right perspective .

In some cases the person responsible for the denial is an educated person and that this is not limited to the illiterate
person . And that the person who exercises this violence against women is not necessarily ignorant of religious matters.
There are some cases that show the responsible person is educated an d perhaps a specialist in law and Sharia.

As in the case of Ms. (T-H) from Beit Lahia, she said , "My father is educated. He memorizes and recites the Quran.
He nev er sent a boy o r girl to schoo l. He was 75 ye ars old. He does not look like old because of his physical power.
He is an oppressor. He is a greedy person; he was born like that. He deprived us of inheritanc e and deprived his
seven sons and three sisters of all lands. He sold the lands out and gave all nothing."
Ms. (M-G) from Gaza said. "My eldest brother is a legal consultant in the Pale stinian Autho rity. He used to tell

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      us, any one wants to presscharges, let them go to court."

      Ms. (H -T) said, "The educational level has nothing to do with giving or deny ing the inheritance. I think it is
      related to upbringing. In other words, if a person was raise d to practice oppression, even he has a high
      educa tional level, he won't hesitate to digest one's right."

      Ms. (S-S) from Rafah said, "I think that there is no relation between education and the issue of inheritance. For
      instance in Naser area, the major ity of people do not give wo men their legal right, especially the Bedo uin,
      whether they were educated or not. These are customsand traditionsthey were brought up with."

      Ms. (F- S) from Rafah said: no relation between inheritance issues and education. My brother is not educated, but
      customs and traditio ns do not accept women take their right. R arely, families give their da ughters their legal
      rights ."

      Ms. (F-S) summaries all causes and persons respon sible for causing the denial in few words as a result of feelin g of
      violen ce exercised ag ainstwomen in Palestinian society in the Gaza Strip. She summarized all of th e causes of den ial of
      inheritance under cu stoms and trad itions. It does not matter if the person responsible for denial is educated or
      uneducated, male or female. She said that all causes and persons responsible for causing the denial are in the same
      balanc e scale, where the scale of customs and traditio ns always outweighs.

      This what tribal chief Jamal Abu Sham as agreed with; Hesaid, "Oppression of woman and considering and treating
      her as vulnerable person is due to the lack of law to protect her, let alone man is not convinced of women getting
      their r ights. In addition, there is the factor of greediness and stinginess and desire in not transmitting the
      inheritance to strang ers. Customs are old that loo k at women as vulnerable and low persons. We need a modern
      law of personal status that protects women from oppression."

      Dr. HassanAl Jojo said when asked if woman is affected by customs and traditions, "Women are possibly affected by
      the tribal interventio n, especially w omen who ha ve no decisions in their inheritance. These are other external
      factor s pressurized o n woman by the reforming committees. It is notacceptable to give a portion of the full share
      against women ceding the rest of her legitimate share, because it is a legal issue and insured by lawand Sharia."

      Preacher Hassan Al-Belebaisy said, "The intervention of reforming committees to satisfy women of a part o f her
      legal shareis a crime anda violation to Sharia and law. Instead, these reformers should be the power women seek
      for support to get their right."


      Lawyer Hanan Mata r said, "Women get affected by custom s and traditions, especially when reforming
      comm ittees intervene. This reduces herrights, and satisfying her in this way is not based upon Sharia."

      It is seen, here, that c ustoms and tradition harm women immensely. And they affect her negative ly in demanding her
      legal right in inherita nce. It is found the denial of in heritance is no t only the resp onsibility of man, but the whole in
      society.




54
                             Section VII
Effects of Denial of Women's Inheritance


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      Effects of Denial of Women's Inheritance
      This se ction discusses with the violation of women's inheritance right, including ps ychological and physical effects, in
      addition toeffects on the social fabric in the long run.
      The fie ld study of women participants in the Gaza Strip shows the denial of women inheritance has several, neg ative
      effects , notone effect. The results sho wed that these effects include more than one side. As shown in the table (22):




      1 - Phy sical and psychological Effec ts:
      The statistical results in the analysis of the database show that (62.2 %) of women p articipants affirmed that women are
      depriv ed of their prop erty right of her father, mother, husband, and any right to inh eritance ensured by Sharia and law.
      Such d enial is caused by a human being who in human nature equal with them.
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And this denial is not a choice of wo men. In other words, she is not responsible for it, but it is caused because sh e is a
woman who feels opp ression, injustice and persecution. This kind of feeling is possibly described as "spiritual torture"
of women, and may no t berealized by anyone. The denial kill the soul; without the o ffenders being prosecuted for what
they did.

The feeling of oppression and discrimination can be shown in what Ms. (K-H) from Beit Hanoun. She said, "I felt an
enormous pressure, especially when my sister from my father 's side simply said that my father gave her two
thousa nd dinars. I did not feel she w as denied like me. So why did not he (father) give me the sa me? I told her that
it is not her but her dad'sfault. I did feelpersecuted and discriminated."

Ms. (S-S) from Gaza was psycholo gically affected by the denia l of her legal share. She became desperate and
indiffe rently sees life. She said, "All this has a nega tive effect on m e; my heart is hardened. Things became nor mal
even when family members fight, I say they will reconcile. Everything has become normal, even when my
children get ill; I say theywill recov er soon."

Ms. (B - Z) from Zaitoon said, "I a m tired because of this issue, referring to inheritance and the perma nent
thinking of it.”

The suffering of women may be dou bled. First, it is because she is denied inheritance. Second, it is because o f the
surrou nding community ifwomen demanded their in heritance right.

Ms. (N - R)from Beit Hanoun said," My sisters-in-law are scoffing at the relationshipbetween me and my brother
for his lackof care of me.They say it is a shame for himto meet her brother in the court. But I did not send anyone
to the court. He brought suit against meand took the land. I will never forgive him or my fathe r in their grave ."

Mr. (H-Z) from Zwaid a feels oppressed as a result of the denial of inh eritance which is enjoyed both others. She said, " I
get psychologically tired when I see them selling an d buying, whe reas we are living on aids. My son is in Twajihi; I
swear I only give him one Shekel. He sometimes g oes to school with no money. Soon we will h ave feast and winter
clothes. And we have n ot offered up since 4 years ago .

With regards to the psychological effects that women may suffer as a result of the denial of right to inheritance, legal
activist Karim Nashw an, Director of the Center for Democracy and Workers Rights, said, "Women may feel
oppressed. And the evidence is that women are discriminated in social. They are discriminately treated in places
of wor k and educational centers."

Lawyer Islah Hassainah said, "Wom en may feel maltreated due to the different cultures and education within the
family, as well as upbringing, and women themselves."

Here, tribal chief Jamal Abu Shamas said, "It is true that women feel oppressed. It was obvious in the past. It has
somethingto do with education and upbringing."

Lawyer Hanan Matar lawyer said, "Perhaps some women feel oppressed due to education and upbringing reasons,
the level of education of father and mother, economic and soc ial circumstances, and the cultural level o f the
family."

Preacher Hassan Al-Belebaisy, said, "Women denied inheritance feelsad and pa inful due to the lack of their legal
right."

Ms (M-K) lives a social, subjugating life as a result of the denial. She said, "I swear I get angry when I see wo men
who g ot their legal shares from their families. This is my right and I have been deprived of it."


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      Ms (A -K) from Khan Younis suffer from suppression; her pains are ruminated every day as a result of the denial caused
      by the family of the hu sband. She is sad because of her children due to the financial need, on the one hand. On the o ther
      hand, s he is desperate of life to the extent that she cuts hernormal life and said, "I like to live but I cannot find life. The
      issue has immensely affected me. I am psychologically tired and I have asthma. I like to avoid all problems. I can
      do nothing but cry. Ever one told m e that I am young and that I should take care of myself. I say no I want to stay
      for my children. I started not to go to anyone but family then g et back home. I have always liked dressing and
      makeup. When I was a girl, I used to dress well ev en though my family is poor and used to work on a cart. But I
      used to go and ask neighbors for clo thes to wear and look good. But now I buy clothes and kee p inthe wardrobe.
      I have the right to were like them while they enjoy ing my husba nd's wealth. M y children cry and asked why his
      brothers do not care for him. They say, we need our right but I tell them to forget it. When they seethem how they
      are living, they tell me to do the same; they go out a nd we do not. I do not accept themto see that because the other
      speaks a lot.”

      And since human being is composed of morale and physical body that are firmly interrelated, it can been found that the
      body suffers from the same pain the spirit does. It is found that (31 .6%) of wome n said that there were physically as
      well as psychologically effected as a result of the denial.

      Ms. (S-G) from Gaza said, "It had a huge psychological effect son me.As a result f it, I had a ba ckache and no w as
      you see my hand is broken."

      Ms. (S-G) from Gaza described her status as result of denial and psychological and physical harm inherited inste ad of
      her rig ht. She said, "I feel pressure d on my self. Newsly I feel numb in my hand whenever I feel nervous. I am
      scared one day I will collapse and ca nnot endure it."

      Ms. (A-H) from Beit Lahia said, "I swearit is irrita ting and I have a bad mood. I willlie if I say I am not angry. But
      thank God. We just manage. What I have is that my head is dizzy."

      Mrs. (N-H) from Beit Lahia said, " W hat should I feel?, I do not know. Living is on God. I am a lways ill and tired,
      referring to her puffe d eyes, as a result of crying a lot, I have diabetesand tensio n."

      The person responsib le may feel sorrowful for denying women inheritance. He/she may come to a tone for what he /she
      made. He/she may app ly the traditional proverb "out of the frying pa n into the fire." Or "add insult to injury."

      Ms. (S-H) from Beit Hanoun said, "I wasangry with oneof the bro therwho denied my inheritance. He brought me
      two chickens. I said he want to make amends for the denial. What two chickens! I did not accept them. I got angry
      and was sent to hospital. Dr. quickly helped me and gave me two injections and gave medication. Up to date, I am
      on medicine.”

      2 - Social Effects:
      Every time women are found paying the price, even a ggrieved. She is persecuted; first: in the denial of inheritance, and
      secondly: she is aggrieved when torn between the p erpetrators of denial and between her husband and children who
      have been asking her to demand her right to inheritance. Women have been found persecuted over and over again
      without perpetrator realizing the gravity of his/her crime. The re sults show (49 .5%) of women participants gave
      answers that relations between the brothers or the family as a whole has dominate d hostility and hatred as a result of
      denial of women's inh eritance.

      Ms. (M-S) from Beit Hanoun simply put it , "The extent of the denial is that when my brother follows a path and
      sees me on it, he avoids and goes to another one so he won't greet me.When he knows I am coming to the house to
      visit m y father, he goes outside. Imagine, he does not want to see me."



58
Mrs. (S-H) from Beit Lahia has gene rated hatred an d hostility to the extent she wishes death for who denied her the
inheritance. She said, "I feel I wan to attack them to kill them or I get killed. The main thing is that Itake the share
of my children before I die."

Ms. (N -T) was affected to have a neg ative relation w ith her brother. She said, "He has a hardened heart. He and his
children do not visit me even in Ramadan nor in feast, nor in happiness or sadness, even when my son was
marty red."

Ms. (H-Z) talks about the disintegration with her bro ther. She said, "I do not forgive and invoke Godagainst him in
each prayer. If he told me he will give me when he sells and things get better, it is ok."

Ms. (F-S) from Rafah said, "My brothers do no t want to give me. Visits between us are o nly happening on
occasions, and sometimes no visits even on occasions. Seriously, I sometimes felt I hate the m out of problems
happened."

Preacher Hassan Al-Belebaisy said on the effect of d enial of women inheritance in a ddition to the p sychological effect.
He said, " Te denial o f women inheritance results in resentment of others as well as harshness in treating others,
and co ntinuous hostility, and breakoff of relations andbreakup between heirs, and tearing the social relations. "

(44.3%) of women, in their answer, affirmed that family relations co uld be disintegrated and wobbled due to the de nial.
Women may fall a hostageof threats of divorce as a result of denial. This is how the life of family is d estroyed.

Ms. (L-Z) from Gaza talked about the suffering of her sister and said , "Her husband threatened her to divorce if she
signed cession paper exchanged for some money."

It may reach women sacrifice themselves because of denial cause d by the closet people to her, her husband. W hat
disintegration more than this in the fam ily relations, whenit gets to the case of killing.

Ms. (H-G) from Asqo ola said, "My husband is mentally ill. Before 4 years, he stabbed my abdomen 3 knives. He
never left anyone to like him. My husband always asks m to go and get my share ."

There is another form of marriage disintegration due to the denial. The person who always suffers from this status is of
course women. She is exposed to persecution and offensiveness/wou nd, and dignity as women in fa milylife.

Ms. (H-H) from Beit Lahia said "My husband mar ried again beca use I gave up my share to my family. He always
fights with me and says why you did not take you rright from them." She added, "At any trivial matter, he asks
me to go tomy family. And spite my family he sold my gold because they did not giveme my sha re."

Again, women go under threat of family disintegration offamily life due to the denial.
Ms. (Z-Z) from Beit Hanoun said, "M y husband kept telling me "you like the situation and you do not like it. G o to
your family and I will divorce you. So this is how m y brothers be come happy. They are enjoying while their sister
is tortured. She added, " I have been in troubles with husband because of inheritance. He was insulting my
family and I respond and insult his. Things got worsened to g et divorced. I was beaten a lot. I never went to
family; I used to run to the orange grove. My sister-in-law used to seem and tell me go to family. I used to reply if
killed andbeaten I won't go to my family because they are the reasonof my situa tionnow. They donot feel."

Ms. (S-H) from Beit Hanoun suffers from disintegration betwe en her and bothers who denied inheritance and
deteriorating relations with her children. She said, "My first son told me to go to my family as long as I sold my
share. I want to get married. I told him, mum they do not want to give me, what would I do? He said get it despite
their objection. You have a house there, go live in it. I aid where I will o and leave you. I will not livewith them . My
husba nd is still alive . Anyway I kept staying with them and they push me to ask for my share, telling the re is

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      court, lawyer."

      Ms. (D-D) from Rafah summarized all effects she and other wom en suffer from. She said, "Believe me this has a
      massiv e psychologic al effect on my mother. She was to die; one day she has a clot but thank God she did no t die.
      Also, m y maternal uncle's children who were brought up by m um, when one of cousins wa nted to marry, my
      mother did not agree to go and was crying all night because she considers them her children. That is to say there
      is an im mense psychosocial effect o n my mother a nd on because my brothers asked me to not talk to my uncle's
      wife; I have strong friendship with her. I cherish her more than a sister. And my cousins asked their mum not to
      talk to me.We sneakily talk to one a nother. "

      With regards to effects of denial, trib al chief Jamal Abu Shamas, said, "Husband m ay use this and pressure his wife
      to demand her inher itance. So troubles begin. And children intervene in this issue and consider this is their right.
      But husbands and c hildren have no right to push the wife dem and her right. This is just her right and to me,
      pushing her is unacceptable."

      About this, lawyer Islah Hassaina said, "There are m any husbands beat their wiv es and threat them o divorce and
      deny them many things if she writes/sign a cessio n paper of her inheritance. Sometimes husbands force w ives
      keep staying with their families until they get their inheritance. All this affect the children and family."

      Dr. HassanAl Jojo said, "This reflec ts the family and threatens the social structure as well as social fabric. Some
      husba nds intervene and pressure wives to demand their rights, without being knowledgeable that women have
      their separate financial entity. It m ay lead to thre at he divorce and breakup marriage relatio nship. She pre fers
      to follow this issue- even annoyed to get threatened to be divorced."

      Human rights activist Karim Nashwa n completely a greed about the effects women suffer from du e to denial. He said,
      "Sometimes clashes and disagreem ents happen in courts, but they are few. Some clashes happen within the
      family, happened by husband and children together (you cede for brothers at the expense of your children). This
      is an indicator of the disintegration in the marriage relationship. Wife is sometime entice d by husband and
      children to demand their right."

      It is obvious that women suffer from this separation b etween brothers and husband and children.

      From Sharia perspective, preacher Hassan Al-Belebaisy said, "At first, the husband has no right to ask his wife to
      demand her right. A nd the interventionof husband in the wife's inheritance is opposed to Sharia. Inheritance is
      a right of a wife only. She has the judgment and choice in it. The intervention of husband in demanding the right
      of wife is causing clashes between both wife and husband and wife and family. This affects the relationship
      between wife and husband, and the husband and the family of wife. Conseque ntly, problem o ccurs and solution
      is that husbands do not intervene in the wife's inheritance and that wife has the right to benefit from it alone."

      3 - Eco nomic effects:
      Women suffer from economic destitution.Although they have shares, they keep barely alive, from aids.
      Ms. (H - G) from Gaza said, "Without receiving the aid package o f CHF organization, we would not find a grain of
      flour."

      Mrs. (N-H) from Beit Lahia said, "I am at home wa iting for help. I swear we stayed under starts crying. We went
      to sleep in the corridor. I know that living is on Go d."

      As a re sult of denial of women inheritance - sometimes women get extorted by her family members who were brought
      up them in the same house. The members themselves seize her mon ey. Not only was denied inheritance, but they also
      become part of her economic sufferin g.


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Mrs. Aziza from Beie Lahia said, " M y jewelry is w ith one of my brothers. I used to ask him for money to trea t my
ill children. When de bts accumulated on me, I as ked for the gold. But he said after I pay off my debts, and then
come take the gold. I went to borrow from sister and paid him back and took the gold. My house is not convenient
to live in. in the winter, rain water leaked in. in summer, aunts and rodents. In rain my husband sleeps in the
corridor because no space for him. The whole house is just one room we live in it.”

Ms. (F-S) from Rafah described her need of money, "My husband's situation is economically and we are rally in
need o f money. The land my dad left is an agricultural one; it is about one donums and half. It will be good if we
join it to our land. At times I was desperately in need to the extend I asked them to buy my land and giv e me
money."

Ms. (L-A) from Abas an said like others, "when we take the land, it will solve a lot of problems to us. Our problems
as well as my sisters, because their situation is so difficult and nee d money to stay alive."

Ms. (A -M) from Deir Balah was dep rived of marriage because of in heritance. She is now with her sister who was also
denied marriage. They are awaiting c harity. They we nt to the ministry of social affairs for help and their application was
rejected since they are landlords. It is surprising th at we also kno w that they can not use the pro perty due to family
conflicts. The property that deprived them of marriag e is the same on e that resulted in being need of money.

It has b een observed th at the denial of women's inheritance right, whether from her father, mother, or husband, may lead
to destruction, not only affecting the p sychology of women but also women suffer fromsuppression and hatred toward
society or toward who deprived her of her rights. It will also lead to the disintegration of social fabric, whether o n the
level o f family as in father's children a nd cousins, etc , or on the level of wife and husband, and even children. This d enial
may be an indirect reason -but major_ in the dissolution of society. This would leav e the society lag behind and cannot
keep pace with the civilization progress and social advancement

About effects of the denial of women 's inheritance right on her and on society, Dr. Hassan Al Jojo said, "The wo men
denied inheritance live difficult social, psychological, and econom ic situations. Psychologically, she feels infe rior
and la cking for not e qualizing her withother male members of her family. She may be suffering from the family,
and feel oppressed and she may fe el hatred toward those who deny her_ even if this is hidden and underlined.
Socially, the relationshipwith family deteriorates andbecome dissolute. An economically, the denial increase the
poverty of women, in the light of m ost women are poor, have no many income sources. He added, ' as I said, she
feels inferior and com munity oppression, and the social fabric is threatened due to the issue."

Lawyer Islah Hassaina agrees and sa ys," Women psychologically feel oppressio n. This affects the relations with
husba nd, children, a nd family relations. There will be disintegration and breakupof relations and enmity. This
will socially increase the poverty of women. She added. "It has psychological effect son children and the wo men
becomes hostile. And the relationship with children and husband get affected. And she becomes introvert and
violent. And has a ho stileview toward society."

Lawyer Hanan Matar said about his violence against women, "Here is a psychological impact on women denied
inheritance. They fee l hatred towar d people surrounding her who deprived he r, and lead to breakoff of rela tives
and envy and hatred. It increases the poverty of women. And this reflects on the environm ent and family and
children, and there will be no social visit between families.”

Lawyer Hanan Matar talked in particular about the effect of the de nial by the family and how wo men suffer not only
from h usband, but also from the fam ily of husband. And how givin g her right is positively affecting her. She said that
will lead to breakup in the relation of family and breakoff of relatives. Women feel humiliated and subjugated before the
family of husband. An d they are made fun of forever. Her social status will go down before the family if the husb and.
And sh e loses authority and decision. On the contract, who taken her right becomes w orthwhile and strong in her ho me.


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      Human right activist Karim Nashwan seconded the fact that the re are negative effects of the denial of wom en's
      inheritance e right, he said, "She feels inferior due to not get her inheritance which may improve her econo mic
      and living situation, feeling of discrimination and forcefulness and community hatred and da nger. He added, the
      social breakoff in some cases reach violence and threat of ending the marriage life, if the used persists to get the
      right o f hiswife. Often women are foundon the ho rns of a dilemm a"

      Due to the denial wom en are found suffering from tearing off, where protection sources for her are the husband relative
      and family, and who b ecame the perso n responsible for the problem she suffer from and deprivation .




62
                                            Section VIII
Intervention Mechanisms of Denial of Women's Inheritance



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      Interv ention Mechanisms of Denial of Women's Inheritance

      The section discusses the interventio n mechanisms expected by women participants, whether go ing to governm ental
      and local authorities to help find solutionsto the prob lem of denial of women's inheritance.
      It is cle ar from the research findings, there is a problem within the Palestinian community in Gaza; it is the denial of the
      legitim ate share of wo meninheritance right by certain party, where (23.8%) of wom en subjected to suchviolence.
       Follow ing the review of the problem and its direct and indirect causes, in addition to the psychological and s ocial
      effects ; it was necessary to involve w omen participa nts to suggest appropriate intervention mechanisms to address the
      proble m of denial of women's inh eritance, and here; this section addresses the suggestion s made by women
      participants, and they are as follows:
      (61.9%) of women participants supported men's awareness of wom en's inheritanc e right. (60%) of women affirmed
      women's awareness o f their rights to inheritance. This percentag e has converge d with its pred ecessor. (37.8% ) of
      women found the solu tion is to resort to the judiciary or seek legal consultants.

      (36.2%) chose to resort to human rig hts organizations, with the knowledge that women had to have the freedo m to
      choose more than one solution, so wo men are found to be in favor of more than a solution; this expla ins the sum of these
      existing percentages.
       In the study case, women clarified the ir points of view tofind a solution for women, to solve the issu e ofthis violation.

      Ms. (L-S) from Rafah said, "I think a ll women here are in need of awareness of their inheritance right. They need
      to kno w that there is a law that protects their tig ht to inheritance, particularly with familie s giving nothing to
      women."

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Ms. (H-T) from Tal Sultan, Rafah, said, "It is ve ry important that one knows their right, and that there is
awareness, especially, for women, o f where to head for and how to get their right, and how in crisis like this m an,
the breadwinner, behaves."

Ms.(S-K) from khan Younis puts forward a solution she said, " I am not willing to cede my legitim ate right. A wo man
should have a strong personality and never gives up and relinquish any right of hers. It is not fair that there are
people enjoying life and other people have no food to eat. This does not satisfy human nor God. Many wo men
took their rights and built for children and husbands, and their situation beca me very good after suffering and
having nothing. So r ight is right a nd each woman should insist on her brothe rs to get her share. If I cede and
others cede and get scared of them , they will nev er give women ay right. No, a woman should be always strong
and demands her and children's right. There are other women who are scared of demanding because they fear
people blaming them and tell them it is a shame. But for brother deny their sister's inheritance is not a sham e. If
there a re people apply Sharia and fear God, all wo menwill have got their rights."

Ms.(M -M) from Rafah insisted on the awareness of m en of the issue of inheritance right. She said, " I wish one will talk
to me n in the area and tell them to give the gir ls a land. This should be done with men who deny wo men
inheritance."

Experts also participated to draw intervention mech anisms for this problem. Dr. Hassan Jojo said, "Women a re in
need o f awareness center of this issue. They also need the support of family, as well as c ooperation am ong
ministries and civil society organiz ations. There is also need of legal references that women can consult and get
help, especially there is a legal illiteracy by a significant segment of women, where women cannot dem and
inheritance in a powerful way. So, there must be specialist and experts that help women, such legal references
and ce nterthat deal withall human rights issues."

Dr. Hassan Jojo propo sed a mechanis m that begins with awareness of inheritance right for women, with joint help from
differe nt authorities, this is as a prima ry solution. Then hemoves in a logical sequen ce that this will be a legal reference.
Third, there should be experts and specialists to pus h women in their course to resist violence exe rcised against them.
This m ean women should first help th emselves so oth er can help them ."

In addition, Dr. Jojo stressed updatin g the law whe n required. He said, "Law always need a rev iew in terms o f its
appropriateness of current circums tances that a society lives. There is a Sharia rule says, "Change of judgments
does not deny change of times. Eve n though law g ives the woma n her right in inheritance, no problem that law
review this and upda te itto combine between legitimacy and modernity."

Lawyer Hanan Mater, in the context o f solution, said, "What wome n need to demand their right is support from the
surrounding persons, and awareness of their rights, and ability to face other. This is important. Then reso rt to
the co urt."

Preacher Belbeisi said, "Women sho uld dare dema nding the right anddo whatever needs to ge t it."

Lawyer Islah Hassaina proposed, "Legal awareness for women to know that lway protects them , and support
form o therorganizations and triba l chiefs. “

Human rights activist Karim Nashwan said, "Awareness and education and legal support and support from
organizations and amendments of law to facilitate the procedures and increase campaigns of pressure and
advoc acy and comm unity awareness, and role of media means and educational curricula , and orations in
mosques about awareness of wome n's right. "



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      It is fo und that Mr. Nashwan "knocked the door of all, with no exce ptions, in society to be one han d to help to give the
      women their inheritance right.

      Tribal chief Abu Sham as said, "The modern law o protect the inheritance right and all life matters, a promising
      law that ensure women rights to stop manipulating the human rights by either tribal chief, mother, nor fathe rs."

      It is co ncluded from th e previous points that the best mechanism to reduce the denial of women's right:
      First (it is important th at women can e ndure it): it is b reaking fear.
      Second (important tha t society surrou nding women endure it): it in cludes women's and human rig ht organizations and
      legal persons.

      Since the economic factor has a role - as mentioned in the findings of the result- it is necessary that decision makers
      participate in relieving thus factor to reduce the causes of denial of women inherita nce, or push to demand their right;
      where women should be convinced of this demand of right, on the b asis that she has a right and she not pushed because
      of financial need. .


      Recom mendations:
      This study focused on analyzing the problem of denial of women's inheritance, and it tried to get c loser to the case s for
      this denial, as well as the psychosocial effects on women. Consequ ently, the study has got a set o f recommendations,
      which can be summarized as follows:

                  Need for pla nning and preparation of integrated programs to educate wom en about their inheritance right and
                   inform them of the necessary procedures to obtain this right.
                  Need for pla nning and prep aration of programs to educate men about women's inheritance right, especially
                   men who inte ntionally deny women's inheritance right for d ifferent reasons.
                  Contribution to support women psychologically, morally, a nd cognitively, especially thos e who look forward
                   to demandin g inheritance right.
                  Importance of networking a nd coordinatio n between women's and hum an rights organ izations, in ord er to
                   support such a segment of women and facilitate advisory se rvices provided in appropriate places and time s.
                  Need to highlight and take a dvantage of the successful case s recognizing women's inheritance right; each case
                   should serve as model.
                  Importance of taking advan tage of the local media and necessary information means to identify wom en's
                   inheritance right.
                  Focus on leg al and legitimate support for such a right.
                  To documen t and archive the stories of women denied inheritance, in order to emphasize the adverse effects of
                   this denial, especially on tho se who are deprivedof marriage or are killed u nderthe pretext of so-called honor.
                  Call for the establishment o f centers in co operation with women's and human rights organizations to lodge
                   complaints for women who were harmed by the denial of inheritance.
                  Need to facilitate procedure s for women to get their right through the tran sfer of the estate to the name o f all
                   heirs until th e distribution of inheritance.
                  Need to submit the claims of distribution of the estate and in heritance to the summary justice.




66
Annexes



                                  67
          Wo men’s A ffairs Center - G aza
     Women and I nheri tance Caus es an d Effe cts




68
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     Women and I nheri tance Caus es an d Effe cts




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     Women and I nheri tance Caus es an d Effe cts




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     Women and I nheri tance Caus es an d Effe cts




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     Women and I nheri tance Caus es an d Effe cts


      References

      1-           Dr. Mohame d El-Shahat Aljondy, "Inheritance in Islamic Sharia" Cairo, DarElfikrelArab.

      2-            Mohamed Labib, "The Roots of Inheritance" Tanta, Heritage House for Publishing, Distribution and
                    Investigation, 1995.

       3-          The Personal Status of Muslims, Christians and Foreigne rs and the Laws of Endowmen ts, a Group of
                   Palestinian Laws, Part X, 1996.

       4-          Aida Ayesh, "The Study of Women and In heritance: Between Theory an d Application" Birzeit University,
                   Institute for Women's Studies, the Women's Studies Journ al, No. 4 published on June 15, 2006.

      5-           Dr. Mostafa Ashour, "Inheritance Science" Cairo, the Koran Library for Printing and Publishing and
                   Distribution, 1998.

       6-          Asma Khade r (1998) Law and the Future o f Palestinian Women, Ramallah: Women's Center for Legal Aid
                   and Social Consultation.

      7-           Dr. Juma Mo hammed Puraj, the Provision s of Inheritance of Islamic Law, Amman, Dar Al-Fikr Publishing
                   and Distribution, 1981.

      8-           The provisions of Women's Inheritance in Islamic jurisprudence: Worod Adel Ibrahim Awartani, Master
                   Thesis - 1998.

       9-          Inheritance in Islamic Law - Dr. Yassin Ahmed Ibrahim D rarkha.

      10-          "Facilitation of Obligatory Shares - Muhammad ibn Saalih Alothimin.

      11-           Entrance of Legal Science: Dr. Solomon Mark.

      12-          www.almeshkat.net/vb/sho wthread.php?t Inheritance of women in Islam is justice and fairness or inju stice
                   and unfairness.

       13-          Women's rig hts to equality and inheritanc e: Mr. Ahmed M akhzangy www.amanjordan.org / aman_stu dies
                   / wmprint.php

      14-.          Islam and th e Rights of Women: Fehmi Huwaidi, www.arab-
                     hdr.org/publications/other/ahdr/papers/20 05/howeidy.pd f

      15-           Syrian Wom en - nesasy.org / content / vie w research on "women's right to inheritance: Lawyer Fatima
                    Hammadi Hammadi 15/04 /2006.

      16-          forum.hawah ome.com/t474 05.html Historical Study of Women's Rights




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