Property Rights Of 'half-widows'

12 November 2015
Kashmir Reader
Junaid Nabi Bazaz

Srinagar: 'Half-widows' who do not get a share of inheritance from their husband's property, despite an Islamic edict in place, will now have to approach a community comprising of Islamic scholars to get the issue settled. This was decided during a one-day seminar on property rights of women, held here on Thursday, after President of the Association of Parents of Disappeared Persons, Parveena Ahanger, asked Ulema to intervene in the issue of half-widows denied property rights by their in-laws. Parveena said an Islamic edict, which granted half-widows the right to remarry and a share from her husband's property after a husband remains untraceable for four years, has not been executed in letter and spirit. 'The edict was passed years ago, but in-laws of half-widows continue to deny them a share of their husband's property. Religious scholars should stake strong notice of this alarming issue,' she said. The Ulema said a joint tribunal should be set up to check the menace of not giving property rights to women, and half-widows in particular. Though no details about the proposed 'community' were given, it was said that meetings to give shape to the idea would be held regularly. An Islamic jurist of Darul Uloom Raheemiya, Bandipora, Mufti Mohammad Ishaq Nazki, said there was a dire need to inform masses about the edict, which is one of the ways in which it could be implemented. About 8,000 people have been estimated to be subjected to enforced disappearances by Indian forces since the onset of the armed struggle against Indian rule, according to the APDP. Half widows had been denied the right to remarry and a share from their husband's property. But a few years ago, Ulema took note of the issue and held discussions to issue an edict in this regard. The seminar, which was organised by Ehsaas, an NGO, and held at a local hotel here, was attended by Islamic scholars, jurists, legal experts and civil society members. Mujahid Shabir Ahmed Falahi from Jamat-e-Islami, Maulana Ghulam Rasool Hami and Maulana Manzoor Ahmed from Karwan e Islami, Moulana Hakeem Sajjad Hussain from Ahlul Bait Foundation of the Shia minority group, and scholar and academic Hamid Nasim Rafiabadi also participated in the seminar.

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