Sheikh Hibatullah Akhundzada, the leader of the Islamic Emirate, said in Article Five of a decree issued in 2021 that a woman has the right to a fixed share (Ashab-ul-Furud) and a residual share (Al-Asabat) of the inheritance of her deceased husband, children, father, and other relatives. No one can deprive her of this right.
Inheritance is an important legal and family matter that arises among a person’s heirs after their death. A widow also has a share of her husband’s inheritance under certain conditions. However, in some cases, family disputes, a lack of awareness of women’s rights, and social pressure can contribute to the deprivation of women of their share of inheritance.
Farid Sekandari, a legal expert in Baghlan, regards inheritance as a certain religious right of women based on verse 12 of Surah An-Nisa.
“The husband’s family cannot deprive a woman of her share of the inheritance under any circumstances, except if she has killed her husband or left Islam. In these two cases, she is deprived of inheritance and cannot inherit from her husband,” he says.
Sayed Abdul Hadi Andishmand, another legal expert, says regarding a woman’s share of her husband’s inheritance:
“The family cannot deprive a woman of her husband’s inheritance under any circumstances because this is an established right and a ruling from God, and no one can take it away. If a husband dies without children, his wife receives one-fourth of the inheritance, and if he has children, her share is one-eighth.”
Similarly, Najib, a religious scholar, considers depriving a widow of her husband’s inheritance to be against Islamic teachings. He explains,
“Islam has given a widow a specific and certain share of her husband’s inheritance. This right has been determined by Allah Ta’ala, and no one has the right to take it away. God says: ‘And your wives will inherit one-fourth of what you leave if you are childless. But if you have children, then your wives will receive one-eighth of your estate.’”
However, a number of widows in different parts of Afghanistan, particularly in Baghlan, have expressed concern about not receiving their share of the inheritance. They say they have faced economic problems after the deaths of their husbands and, in some cases, have been unable to access their share of the inheritance.
A 29-year-old woman in Baghlan says that after her husband’s death, different views emerged among family members about her share of the inheritance. She takes care of her two children and says that, given her economic situation, she hopes the relevant authorities will provide guidance and address her case if she seeks help.
“My mother-in-law and brother-in-law told me that I am not entitled to inheritance. I do not know which authority I should go to in order to follow up on the issue because I have economic problems, and taking care of my two children is difficult for me,” she says.
Another widow in Baghlan says that her husband died four years ago and left behind some land. She says that, given the family circumstances and the amount of her inheritance share, she has not yet been able to receive her share.
“With the share that is determined for me, I could at least help meet my children’s needs for a while. I hope that if I go to the relevant authorities to follow up on the issue, my rights and those of my children will be properly assessed,” she says.
Another 42-year-old woman from Dahana-e Ghori district of Baghlan, whose husband died six years ago and who has four children, says she has not received any share of her husband’s inheritance so far. She adds that after her husband’s death, disagreements arose among family members over how the remaining property should be divided.
On the other hand, Nadira Nahrinwal, a women’s rights activist, says that a lack of awareness of rights, social and family factors, and difficulties in following up on cases are among the factors that can cause some women to face challenges in accessing their inheritance.
“Some widows face problems such as a lack of awareness of their religious rights, family problems, and a lack of information about how to follow up on their inheritance rights. Raising awareness about Islamic teachings and laws, as well as how to go to the relevant authorities, can help address these problems,” she adds.
Meanwhile, Mansoor Ahmad Hamza, deputy spokesperson for the Baghlan Court, says women who face problems regarding inheritance can go to the Islamic Emirate’s courts to have their cases reviewed. He says that after the documents and evidence are examined, their cases will be addressed according to Islamic rulings.
“After the case is registered, the documents and evidence are reviewed, the statements of the parties involved are heard, and necessary measures are taken in accordance with the law to ensure the woman’s rights,” he says.
Overall, a number of widows say they face difficulties in receiving their share of inheritance. Raising awareness of religious rulings, understanding the relevant procedures, and going to the relevant authorities can help clarify such cases and resolve possible disputes among heirs.
Reporter: Marina Shirzai
