Women's Land Inheritance in Egypt Under Islamic and Inter-Religious Inheritance Law: Between Social Customs and State Law

The paper addresses Islamic inheritance law and land rights in contemporary Egypt. Egypt is chosen as a case study due to the high societal value attached to land compared to the low percentage of women owning land (4%), which is among the lowest in the world. The societal impact of this disparity is significant, as it affects the economic and social standing of women in Egypt. Egyptian inheritance legislation is a codified translation of the provisions of one of the many Islamic doctrinal schools, which reflected the importance of the extended family where women were dependents. Recently, in 2017, a legislative amendment was promulgated, which prescribes a penalty of imprisonment and/or a fine on anyone who intentionally withholds one of the heir's legal shares of the inheritance. This reform was issued in response to the formidable challenges that many Egyptian women encounter in claiming their rightful share of land inheritance, challenges that this article aims to illuminate. The paper argues that the systemized deprivation of women from their right to inherit land stems from a combination of social customs that disfavour women's land ownership and consideration of a political economy resistant to the fragmentation of the land. Furthermore, we argue that the legal position of women is part of a broader problem related to a tension between formal state-derived Islamic law and the living law as it unfolds in social practice. These questions are pressing as social processes, including the aftermath of 'the Arab Spring ', have significantly altered women's and the family's position. In this evolving societal landscape, inheritance law has emerged as a contentious issue, with increasing calls for reform to ensure more equal rights for men and women.