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Journal articles on the topic 'Women and right of property'
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1
Halder, Debarati, and K. Jaishankar. "Property Rights of Hindu Women: A Feminist Review of Succession Laws of Ancient, Medieval, and Modern India." Journal of Law and Religion 24, no. 2 (2008): 663–87. http://dx.doi.org/10.1017/s0748081400001740.
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Hindu women's legal right to inherit property has been restricted from the earliest times in Indian culture. In the ancient text Manusmriti, Manu writes: “Her father protects her in childhood, her husband protects her in youth and her sons protect her in old age; a woman is never fit for independence.” However, women were not always excluded from inheriting movable or immovable property from ancestral and marital families. But their proportion of share in the property was far less than that of their male counterparts.Throughout history, restrictions on Hindu women's property rights have undergone change, and current laws governing these rights are more liberal than those of ancient Hindu society. Patriarchal Hindu society provided women with property known as stridhan (literally, women's property or fortune), and it mainly came from marriage gifts (clothes, jewelry, and in some rare cases, landed properties). However, women were denied property rights to the ancestral or marital landed property, and their right over succession of the landed family property was limited. With the emergence of different schools of Hindu law, the concept of stridhan started expanding its literal and legal meaning, granting women more rights to certain forms of property. Later, the nineteenth and twentieth centuries witnessed the passage of several pieces of legislation that were intended to remove more of the barriers to full and equal property rights for Hindu women. Most recently, sexual discrimination in Hindu succession rules was mostly discontinued by the recent Hindu Succession (Amendment) Act (2005).
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Yang, Victoria. "Land Tenure Rights in India: an analysis of the failure of amendments to the Hindu Succession Act." SURG Journal 5, no. 1 (December 23, 2011): 49–53. http://dx.doi.org/10.21083/surg.v5i1.1329.
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The right to a minimum standard of living as a basic human right is recognized internationally. As Hernando DeSoto argues in his book, The Mystery of Capital: Why Capitalism Triumphs in the West and Fails Everywhere Else, a clear, legal definition of property rights is essential in an owner’s realization of return to their capital [1]. This would enable an individual in a developing country to raise their standard of living, thus contributing to the recognition of the right to property as a basic human right [2]. The implementation of property rights has become a priority for governments, NGOs, and international development agencies in many countries. While the right to property legally applies to both sexes, it is not extended to women in practice. Amendments to section 6 of the Hindu Succession Act in 2005 legitimized land ownership and inheritance for Indian women [4]. However, the 2006 Agricultural Census indicates that only 10.7% of Indian landowners are women [5]. The failure of implementation of legal changes regarding property rights and women can be attributed to cultural and religious opinions of women, traditional land tenure systems established before British colonial rule, and government bias within legislation. The Indian government must consider preexisting cultural norms and de facto property rights in the employment of new legislations, as they may impose costs on women. In order for changes in legislation to be effective, they must be inclusive of all women of different religious backgrounds, and simultaneous changes across government sectors must be enacted.
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McCammon, Holly J., Sandra C. Arch, and Erin M. Bergner. "A Radical Demand Effect: Early US Feminists and the Married Women's Property Acts." Social Science History 38, no. 1-2 (2014): 221–50. http://dx.doi.org/10.1017/ssh.2015.17.
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Numerous scholars consider the economic origins of the late-nineteenth- and early-twentieth-century US married women's property acts. Researchers investigate how economic downturns and women's inroads into business spurred lawmakers to reform property laws to give married women the right to own separate property. Such economic explanations, however, are only a partial story. Our investigation reveals the important role of women's collective activism in winning these legal changes. Women mobilized for property rights often as they pressed for voting rights and, in one case, as they campaigned for an equal rights amendment. We examine circumstances leading to passage of married women's property acts in seven states to show that as women mobilized for property rights alongside voting rights or a broader equal rights law, a radical demand effect unfolded. Lawmakers often considered demands for woman suffrage or an equal rights amendment as more far-reaching and thus more radical and threatening. Such feminist demands, then, provided a foil for property-rights activism, and the contrast led lawmakers to view property demands as more moderate. In addition, as they pressed for these combined reforms, women often engaged in hybrid framing that allowed them to moderate their demand for property reforms by linking their property goals to beliefs already widely accepted. The confluence of these circumstances led political leaders to deem property changes as more moderate and acceptable in an effort to steer feminists away from their radical goals. In the end, the radical demand effect created a political opportunity for passage of the married women's property acts.
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A, Syed Ali Fatima. "Feminism and Islamic thoughts in Hameeda's novel." International Research Journal of Tamil 3, S-1 (June 20, 2021): 128–31. http://dx.doi.org/10.34256/irjt21s120.
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Even in this age of progress, there are misconceptions about Islamic women in various societies. This article is designed to emphasize that the idea that women are oppressed in Islamic society and not given adequate privileges and rights in their lives is completely wrong. The main purpose of this article is that hameeda's novel is known that women have the same right as they have duties. Hameeda's novel has also emphasized that Islam has given women the right to equality, property rights, free speech, copyright, succession, the right to divorce, remarriage and the right to education. The main objective of this article is to highlight this.
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Palanikumar, V. "Property rights of women." Asian Journal of Multidimensional Research (AJMR) 8, no. 5 (2019): 185. http://dx.doi.org/10.5958/2278-4853.2019.00189.7.
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Senders, Mignon. "Women and the Right to Adequate Housing." Netherlands Quarterly of Human Rights 16, no. 2 (June 1998): 175–200. http://dx.doi.org/10.1177/092405199801600204.
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In August 1997, the United Nations Sub-Commission on Prevention of Discrimination and Protection of Minorities adopted a resolution entitled ‘Women and the right to adequate housing and to land and property’. This resolution was the first of its kind, recognising the specific problems that women encounter when pursuing their right to adequate housing. This article deals with the legal foundations of the right to adequate housing in United Nations instruments. Since women face particular problems with regard to this right – direct violations such as discrimination but also problems as a result of poverty and their social position – these difficulties will be addressed. An overview is given of action that has been taken by various UN organs and bodies, especially the Committee on Economic, Social and Cultural Rights and the Committee on the Elimination of Discrimination Against Women. The adopted Sub-Commission resolution is dealt with in detail.
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Ahmad, Nadzrah, Mohd Haeqal Ishak, and Mohammed Farid Ali al-Fijawi. "Women’s Rights in the Qur’an, Sunnah and Heritage of Islam." Journal of Islam in Asia (E-ISSN 2289-8077) 17, no. 3 (November 4, 2020): 321–31. http://dx.doi.org/10.31436/jia.v17i3.1004.
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Rights are means to spiritual, moral and intellectual wellbeing (insan sejahtera) of individuals be it men or women. Depriving one from the rights will lead to otherwise. Women are deprived from certain rights both by religious and non-religious members of a society. Family which was supposed to be the catalyst to secure and encourage the rights for women, became the biggest obstacle in fortifying the rights for the women. This deprivation is often seen as a religiously sound action. To clarify this misconception, this paper briefly presents a number of rights for women which has its roots in Quran, Sunnah and Islamic Heritage. Using literature study and content analysis, relevant verses of the Qur’an, hadith, and practices from the Islamic heritage is surveyed and analysed. The analysis show that Islam has always paid attention to education rights, special spousal rights, right to motherhood, right to possess own property, right to participate in economy and right to hold position in public office. Keywords: Rights of women, education rights, rights of spouse, rights to ownership, possession rights, public office, family institution.
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Bishin, Benjamin G., and Feryal M. Cherif. "Women, Property Rights, and Islam." Comparative Politics 49, no. 4 (July 1, 2017): 501–20. http://dx.doi.org/10.5129/001041517821273026.
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Aslam, Azhar, and Shaista Kazmi. "MUSLIM WOMEN AND PROPERTY RIGHTS." Economic Affairs 29, no. 2 (June 2009): 10–15. http://dx.doi.org/10.1111/j.1468-0270.2009.01887.x.
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Naseem, Fozia, Rao Qasim Idrees, and Abida Yasin. "Right to Financial Empowerment of Women: An Analysis of Sharia." Global Legal Studies Review VI, no. II (June 30, 2021): 14–19. http://dx.doi.org/10.31703/glsr.2021(vi-ii).03.
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The position of women in the pre-Islamic era in the period of ignorance, called Jaliyah before the dawn of Islam, was very miserable. Women were just treated as inferior beings under customary tribal laws existing in Arabia. The inheritance was mostly passed by the male heirs, and the women had no property rights. In this article, a descriptive evaluation has been done regarding the distinctive Privileges given to women in Islam: Maintenance for women as a wife and daughter. The nation of maintenance in Islamic Law/Sharia was to provide support to the one not having the capability to maintain oneself; maintenance involves the fulfilment of basic requirements of a person for sustenance, e.g. niceties of life. In the circumstances where a woman gets half of the man’s legacy, the lady’s new income is safe by the Sharia and is hers to allocate with as she desires.
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Duarte Pinto, Gabriela. "DIREITO REAL DE HABITAÇÃO: CONFLITO ENTRE O DIREITO REAL DE HABITAÇÃO E O DIREITO À HERANÇA, E A POSSÍVEL MITIGAÇÃO NO CASO CONCRETO POR MEIO DO JUÍZO DE PONDERAÇÃO." Revista Científica Semana Acadêmica 9, no. 205 (September 16, 2021): 1–22. http://dx.doi.org/10.35265/2236-6717-205-9116.
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The real property law is a legal institution of civil law, introduced in the Civil Code of 1916 by Status of Women Married - Law nº 4.121 / 1962, which required numerous requirements for its grant and maintenance, namely, (a) were married under the regime of community property; (b) during his lifetime; (c) and remained widow; (d) subject to the inheritance share, the property should be for the family residence and, finally, (e) were the only asset of this nature to inventory. With the advent of the Civil Code of 2002, however, it was extended to all property regime, removed the final term and with the Domestic Partnership Act, It was no longer needed that it was the only good of that nature to inventory. It was questioned the extent of its application in this case and the need for consideration to not fade the right to inheritance. Analyzed the rights involved, Right to inheritance, Property Rights, Right to living and the Real Property Law. It was concluded that the interpreter of the Law must, before the case, carry out the judgment of balancing the conflicting fundamental Rights so that there is maximum preservation of conflicting values, and hence the greatest achievement of constitutional values.
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Chernik, S. "THE RIGHT TO MOTHERHOOD AND PATERNITY AS PERSONAL NON-PROPERTY RIGHTS OF THE SPOUSE." Scientific notes Series Law 1, no. 10 (July 2021): 25–29. http://dx.doi.org/10.36550/2522-9230-2021-10-25-29.
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The article reveals the essence of one of the main personal non-property laws of spouses, enshrined in family law – the law to motherhood and fatherhood. It is noted that there is no definition of «motherhood» and «fatherhood» in the legislation. The definitions of the concepts «law to motherhood» and «law to fatherhood» proposed in the scientific legal literature are studied and generalized. The exercise of the law to motherhood and fatherhood is linked to the reproductive function of women and men, and it is important that they fulfill the social functions that arise in connection with the birth of a child. The constituent elements of the law to motherhood are considered. A woman has the law to pregnancy and health care during pregnancy and childbirth, the provision of qualified medical care in accredited health care facilities, partner childbirth. It has been found that the most controversial issue is a woman’s law to refuse to have a child, which includes a woman’s voluntary refusal to have children or abortion. The abortion procedure in Ukraine is regulated by law. However, the problem of determining the legal status of the embryo is quite complex and needs to be studied. The approaches to determining the moment of the beginning of protection of human life offered in legal science, namely: absolutist, liberal and gradualistic (moderate) are revealed. Emphasis is placed on the moral aspect of the problem of abortion. It is noted that a woman decides on the issue of abortion on her own, while such a law is not assigned to a man. It is stated that the law to paternity is closely related to the law to maternity and consists of three powers: the husband decides whether or not to have a child, may demand not to prevent him from exercising such a law and to defend parental laws in court.
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Schroeder, Joy A. "Elizabeth Wilson, the Bible, and the Legal Rights of Women in the Nineteenth Century." Postscripts: The Journal of Sacred Texts, Cultural Histories, and Contemporary Contexts 5, no. 2 (November 14, 2011): 219–32. http://dx.doi.org/10.1558/post.v5i2.219.
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In 1849, Elizabeth Wilson (fl. 1849-1850) published an impassioned defense of women’s rights entitled A Scriptural View of Woman’s Rights and Duties. Her work critiques patriarchy in church and society, arguing in favor of women’s social and legal rights within marriage. Challenging prominent male biblical commentators, Wilson asserted that male and female were created as equal co-sovereigns over creation. She claimed that biblical patriarchs and matriarchs exercised equal authority within the marriage relationship. Wilson’s most striking example is Abigail, who distributed household property, an extravagant gift of dressed sheep and other food, to David, against her husband Nabal’s wishes (1 Samuel 25). Wilson uses this story to prove that wives have equal right to administer marital property. Thus she offers an incisive critique of American property and inheritance laws biased against wives and widows.
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Bello, Abdulmajeed Hassan. "Islamic Law of Inheritance: Ultimate Solution to Social Inequality against Women." Arab Law Quarterly 29, no. 3 (August 10, 2015): 261–73. http://dx.doi.org/10.1163/15730255-12341301.
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According to the Sharīʿah, when someone dies, most of his rights are transferred to his heirs and representatives. These transferable rights include all rights to property, usufruct, and other dependent rights. The Islamic system of inheritance contains an extensive distributive scheme around the wider family circle. The difference between shares received depends upon the duties with which each person must cope. However, there is strong prejudice against the social role of women. Thus, a woman’s share of inheritance becomes meaningful when she gains the right to employ that share herself.
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Chatfield, Sara. "Married Women's Economic Rights Reform in State Legislatures and Courts, 1839–1920." Studies in American Political Development 32, no. 2 (October 2018): 236–56. http://dx.doi.org/10.1017/s0898588x18000147.
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Beginning in 1839 and continuing through the early twentieth century, the American states passed laws expanding married women's economic rights, including the right to own property and sign contracts. In almost every state, these significant legal changes took place before women had the right to vote. I argue that married women's economic rights reform is best understood as a piecemeal, iterative process in which multiple state-level institutions interacted over time. This rights expansion often occurred as a by-product of male political actors pursuing issues largely unrelated to gender—such as debt relief and commercial development—combined with paternalistic views of women as needing protection from the state. State courts played a crucial role by making evident the contradictions inherent in vague and inconsistent legal reforms. Ultimately, male political actors liberalized married women's economic rights to the extent that they thought it was necessary to allow for the development of efficient and workable property rights in a commercial economy, leaving women's place in the economy partially but not fully liberalized.
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Mundsperger, Marie Therese. "Women's Suffrage in the Austrian Half of the Habsburg Monarchy 1848–1918." Vesnik pravne istorije 1, no. 1/2020 (February 3, 2021): 141–64. http://dx.doi.org/10.51204/hlh_20106a.
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Although it is largely unknown, women had some voting rights in the 19th century in the Habsburg monarchy, especially the right to vote in the municipality and on the provincial level. Suffrage at that time was based on the two pillars of property and education rather than gender. It was undisputed for a long time that women could get the right to vote due to their tax payments. The fact that women could also be included into the ‘intelligence’ electoral class was controversial, as shown by some decisions by the Austrian high courts. It was only towards the end of the 19th century that the gender criterion began to prevail in election regulations and women were increasingly excluded from the right to vote, which led to the emergence of the Austrian women’s movement. The monarchy fell in 1918 and the granting of universal women’s voting rights was finally embodied in the proclamation of the Austrian republic on 12 November 1918.
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Azinge, Epiphany. "The Right to Vote in Nigeria: A Critical Commentary on the Open Ballot System." Journal of African Law 38, no. 2 (1994): 173–80. http://dx.doi.org/10.1017/s0021855300005507.
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The right to vote in Nigeria has a rather chequered history. Universal adult suffrage became a reality in Nigeria in the 1979 elections when women in the North were allowed for the first time to participate in elections. Originally the right to vote was thought of as a direct consequence of property interests rather than adhering to the person as a political right. It was only gradually that the vote was altered from a property and income right to a political right.
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Haque, Muhammad Faizul, Sohirin Mohammad Solihin, Nadzrah Ahmad, and Mohd Shah Jani. "Women Rights to Inheritance in Muslim Family Law: An Analytical Study." International Journal of Islamic Business & Management 4, no. 1 (April 13, 2020): 15–26. http://dx.doi.org/10.46281/ijibm.v4i1.543.
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Rights of women are one of the widely discussed yet debatable issues across the Western and Muslim world. It is seen in the Muslim societies that many women are deprived in terms of inheriting property after the demise of their parents. This is largely happening due to the negligence of practicing Islamic teachings regarding inheritance at individual and family level. However, Islam has placed a dignified position for women in family and society in all sectors. Particularly the principle of inheritance of property has been clearly stated in the holy Qur’an. In this background, this paper emphasises on exploring (a) Qur’anic and Prophetic stand on women’s right to inheritance, (b) the main obstacles that impede women in getting inheritance rights in family and its remedies from the Islamic perspectives. This paper adopts an analytical approach to study this vital issue. Under this approach, the study analyses the relevant data from the two fundamental sources of Islam, Qur’an and Sunnah, along with jurisprudential views and provides solutions to solve the problems related to Muslim women’s inheritance right in family. Findings of this paper indicated that if the Muslim family practices the Islamic teachings regarding the distribution of inheritance among the heirs, it will eradicate the existing discrimination among men and women in this regard and enable women’s financial steadiness in family and society.
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Durğun, Serpil. "Women as Passive Citizens in Kant's Theory of Citizenship." Kadın/Woman 2000, Journal for Women's Studies 21, no. 2 (September 23, 2020): 1–18. http://dx.doi.org/10.33831/jws.v21i2.112.
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Kant, who is one of the contractarian theorists in political philosophy, positions the person who has the right to vote and participates in the legislative process as a citizen. This positioning is directly related to Kant's attribution of citizenship to the independence precondition. For Kant, independence means that a person possesses a certain amount of ownership which enables him to sustain his life on his own. The person who owns a certain quantity of property is the master of himself as he will not receive orders from the others and will not need the protection of others. Positioning an independent person as an active citizen with political rights, Kant considers persons who are non-owners as passive citizens because they cannot meet the prerequisite for independence. Passive citizens who are deprived of all political rights are merely citizens of the state. According to Kant's argument, women can never move up to the active citizenship status, although the republic has cleared the way for the possibility that every member of the republic could eventually move up to the active citizenship status. The status of being man of property, which is a prerequisite for the independence criterion, loses all its functions when women are in question. Even if a woman is a property owner, this is still considered insufficient for the independence criterion. Kant bases this idea of him on the assumption of women's nature and the prenuptial agreement.
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Yanto, Nur Hairul Hari, and Muhammad Nasarudin. "REGULATION OF LAND OWNERSHIP FOR FOREIGN CITIZENS IN INDONESIA FROM AGRARIAN LAW PERSPECTIVE." Progressive Law Review 3, no. 01 (April 1, 2021): 69–81. http://dx.doi.org/10.36448/plr.v3i01.44.
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In the agrarian system, Article 21 paragraph 1 of the Basic Agrarian Law states that only Indonesian citizens have property rights. One of the examples of ownership rights is the right to land ownership or those that may have a relationship with the earth and space without differentiating between men and women as well as fellow Indonesian citizens, both native and descendants.
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Takahashi, Yoshirō, and Matthew Fraleigh. "ORPHANED DAUGHTERS: ON THE SO-CALLED PROPERTY RIGHTS OF DAUGHTERS IN THE SOUTHERN SONG PERIOD." International Journal of Asian Studies 12, no. 2 (July 2015): 131–65. http://dx.doi.org/10.1017/s1479591415000145.
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A longstanding and contentious issue in Chinese legal history is whether women had the legal right to inherit and own property. During the Southern Song in particular, certain historical and legal sources have been interpreted by scholars in such a way as to propose that they did, at least to a limited extent, as reflected, for example, in the “daughter's half-share law” (nüzi fenfa 女子分法), which stipulated that a daughter would receive half a son's portion upon the death of both parents. The current study, through an examination of documentary sources on the inheritance rights of daughters, clarifies the historical circumstances surrounding the phenomenon, and concludes that no fundamental legal right to inherit and own property such as that enjoyed by men was intended. Rather, laws specifying the inheritance rights of women were the result of legislative measures for the protection of orphaned daughters, out of a concern to ensure that they would not be deprived of property that they would have received (for example, as dowry) had their parents not died. The Song's uniqueness lay not in the elevation of women's property rights, but rather in the implementation of explicit policies for the social good. That similar laws were not continued in the Ming and Qing did not in itself mean that the principle of protecting orphaned daughters had been abandoned, but rather that this principle would be applied through the discretionary powers of magistrates, as records of actual legal judgments demonstrate.
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Acharya, Chiranjivi. "Parental Property Equal Right Policy of Nepal: A Focus Group Discussion of Students of Law Faculty of Kathmandu." Research Nepal Journal of Development Studies 4, no. 1 (June 25, 2021): 1–13. http://dx.doi.org/10.3126/rnjds.v4i1.38020.
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It is general fact that the parental property equal rights are the rights of son and daughter upon parents’ properties, rights to ownership into the parents’ properties, rights to get properties earned by parents, rights of properties acquired in accordance with the inheritance, ownership rights to house, money, land and other properties earned by parents and forefather. The property right is a national issue and it is also related to the economy, which is one of the important factors for the development of the country. Unless it would not identify the property-related issue because its effort to change in society will be meaningless. The main objective of the study is to analyze the Parental property equal rights policy of Nepal. To find the objective this article is prepared based on primary information direct group discussion with Law students of different Law Colleges of Kathmandu Valley. Specifically, it is to find quality information regarding the existing policy of parental property equal rights system in Nepal. The researcher has not used the information besides as mentioned objectives. The researcher has applied the analytical research methods and inductive approach to make the meaning full of the information. The obtained information is explained in extended forms without disregards what the participants said. As research results that there have been found lots of changes (19 important issues discussed below) in women’s lifestyle after initiating the parental property equal right system in Nepal. The policy program is highly appropriate and welfare for equal existence of women in the society
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Rajak, Komal. "Trajectories of Women’s Property Rights in India: A Reading of the Hindu Code Bill." Contemporary Voice of Dalit 12, no. 1 (March 7, 2020): 82–88. http://dx.doi.org/10.1177/2455328x19898420.
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The right to property is especially sacrosanct since the state of financial deficit renders women’s condition very much pathetic in a patriarchal society. In order to get a clear picture of women’s property rights in a caste based patriarchal society like India, here, the Hindu Code Bill is taken into consideration as a major plot because the bill has a history of egalitarian dialogue and had been initiated as an effort to make an egalitarian structure, wherein women would be enjoying property rights as equal to men. This article deals with the trajectories of women’s property rights in India after the introduction of the Hindu Code Bill. So, the focus area of the study is on women’s rights in ancient Indian laws and their development in modern laws since the colonial period to the Hindu Code Bill.
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Gupta, Pritam Kumar. "Norms of the Property Right for Women: A Comprehensive Study of Vivād –Chintamani." Research Journal of Humanities and Social Sciences 9, no. 3 (2018): 677. http://dx.doi.org/10.5958/2321-5828.2018.00113.4.
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Thompson, Lauren Macivor. "“The Reasonable (Wo)man”: Physicians, Freedom of Contract, and Women's Rights, 1870–1930." Law and History Review 36, no. 4 (November 2018): 771–809. http://dx.doi.org/10.1017/s073824801800041x.
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This article examines how ideals of contract freedom within the women's rights movement challenged medical and medical jurisprudence theories about women between 1870 and 1930. Throughout this period, medicine linked women's intellectual incapacity with problems rooted in their physical bodies. Doctors opined that reproductive diseases and conditions of pregnancy, childbirth, menstruation, and menopause rendered women disabled, irrational, and inherently dependent. Yet at the same moment, the elimination of the legal disability of coverture, and new laws that expanded women's property and earnings rights contributed to changing perceptions of women's public roles. Courts applied far more liberal understandings of sanity and rationality in property and contract cases, even when the legal actors were women. Seizing this opportunity, reformers made powerful arguments against doctors' ideas of women's “natural” mental weakness, pointing out that the growing rights to contract and transact illustrated women's rationalism and competency for full citizenship. Most significantly, these activists insisted that these rights indicated women's right to total bodily freedom—a concept that would become crucially important in the early birth control movement.
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Vanderpuye, Inez Naaki, Samuel Antwi Darkwah, and Iva Živělová. "The System of Land Ownership and Its Effect on Agricultural Production: The Case of Ghana." Journal of Agricultural Science 12, no. 5 (April 15, 2020): 57. http://dx.doi.org/10.5539/jas.v12n5p57.
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Most African continents have pressing issues on individual rights to property and natural resources, given the relatively poor economic conditions and the belief of personal ownership to a property right (Joireman, 2008). Ghana, like many African countries like Mozambique and Uganda, have laws to the right of property that is the traditional system of land rights. Most of the African countries depend on the large share of natural capital from the natural resources for the economic growth of the country. Some emerging economies can have sustained economic growth due to their reliance on natural resources such as oil and gas. This paper investigates property rights, land ownership, and land inheritance and their effect on agricultural production in Ghana. To undertake this research, a sample of 35 respondents were analysed using the SPSS software. The analysis was based on characteristics such as gender, age, and educational level of the respondents. The research results indicate that men inherit more than women, and family ownership is the most popular type of land inheritance in Ghana. Also, people with a lower level of education are likely to inherit the land and own land. Finally, the patrilineal system is the most popular system of inheritance in Ghana.
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Nanda, Bijayalaxmi, Savita Sinha, and Venika Menon. "Access to Housing Rights and Property Rights for Women: Select Study in Delhi and NCR Regions." Indian Journal of Public Administration 65, no. 2 (June 2019): 475–93. http://dx.doi.org/10.1177/0019556119863595.
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This article critically evaluates the housing policies and legal provisions regarding property rights for women in India. It interrogates the inclusion of gender within the policies, programmes and laws, and exposes its biases and skewed priorities. Through a desk review of the policies and programmes and an examination of court judgements, it provides an understanding of the contestations and challenges that exist therein. With carefully conducted interviews and focussed group discussions with women beneficiaries and policy implementers, this article strives to enrich the analysis. It provides a set of suggestions and recommendations on enhancing awareness on women’s right to property and providing women greater access to housing rights. Although the fieldwork has been conducted in Delhi–NCR region, it has implications for the country as a whole. Overall this article contextualises the debates on gender, policy, laws and institutions in a broader framework of material structure s and a patriarchal society. It highlights the significance of creating awareness on gender issues for all concerned, including policymakers, implementers, judiciary and the women beneficiaries themselves.
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Hazarika, Kanki, and V. Sita. "Predicament of Landlessness: A Critical study of Women’s Rights over Land in Assam." South Asian Survey 27, no. 1 (March 2020): 19–36. http://dx.doi.org/10.1177/0971523120907194.
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Land rights to women is one of the significant markers of a gender-just society. It is a basic human right that provides welfare, economic and social security, strong bargaining power and various other benefits. Ownership right over land is also critical to the citizens in terms of exercising and availing rights guaranteed by the state. Based on a narrative from the fieldwork done among the Bodos in Assam, this paper explores the significance of land rights in accessing various rights and welfare programmes and how women are affected in this regard due to lack of land rights. It discusses how a woman’s lack of rights over land can lead to a status of homelessness and place her in a socially and economically precarious position. The landlessness or homelessness status restricts her from accessing various benefits provided by the state. In this context, the paper also looks into the social construction of gendered norms on land rights of the Bodo community. Construction of societal norms on individual’s rights over landed property, inheritance are generally determined by kinship and affinal ideologies of a community. Such norms are often gendered that deny rights to women over this material resource. The most affected are the single, widow and separated women who have no support from the families. Communities having patriarchal ideologies consider women as passive, dependent and secondary subject and accordingly, gendered norms are constructed. Even the state apparatuses, which is often male-dominated, locate woman within the realm of the family and design policies for women as ‘beneficiaries’ and ‘dependents.’ The gendered norms on land rights of a community have a broader impact that goes beyond the community level and enmeshed with the affairs of the state.
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Petrechenko, S. A. "Women’s election right in Ukraine in the aspect of protecting their political rights." Uzhhorod National University Herald. Series: Law, no. 63 (August 9, 2021): 83–87. http://dx.doi.org/10.24144/2307-3322.2021.63.14.
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Democratic societies must enable men and women to participate equally in all spheres of life, including politics, in particular at the highest levels of socially important decision-making. For almost 30 years of Ukraine’s independence, issues of gender equality have still not been resolved. The Constitution of Ukraine guarantees equality in rights and responsibilities regardless of race, color, age, property status, place of residence, religious, political, ideological be¬liefs, ethnic and social origin, language and other characteristics. Ukrainian legislation guarantees equality between men and women. Equality of rights in politics regardless of gender is defined at the international level by the Univer¬sal Declaration of Human Rights, the International Convention on the Elimination of All Forms of Racial Discrimi¬nation, the Convention on the Elimination of All Forms of Discrimination against Women, and the Convention on the Political Rights of Women. Today, gender equality is one of the fundamental areas of legislative and political activity in the modern world. The goals set by our state to ensure gender equality are to overcome the limitations of their rights and opportunities for self-realization in the private and public spheres, both at the legislative level and in real life. In order to find possible solutions to this problem, the article illustrates the main international and regional regu¬lations governing gender equality in Ukraine, analyzes the state of equality in relation to future women politicians de facto, formed possible measures to influence to ensure the observance of women’s political rights, protection of their violated rights, preventive measures and increase the influx of women into politics in Ukraine. Monitoring of existing programs for the protection of women’s suffrage has become the subject of this work, as well as an assessment of the current state of this reality in our country. The focus was on the relationship between policy officials and women who are being expelled, violated their rights, disregarded gender equality and improperly enforced electoral quotas.
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Anderson, Siwan, and Chris Bidner. "Property Rights over Marital Transfers *." Quarterly Journal of Economics 130, no. 3 (May 26, 2015): 1421–84. http://dx.doi.org/10.1093/qje/qjv014.
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Abstract In developing countries, the extent to which women possess property rights is shaped in large part by transfers received at the time of marriage. Focusing on dowry, we develop a simple model of the marriage market with intrahousehold bargaining to understand the incentives for brides’ parents to allocate the rights over the dowry between their daughter and her groom. In doing so, we clarify and formalize the “dual role” of dowry—as a premortem bequest and as a market clearing price—identified in the literature. We use the model to shed light on the intriguing observation that in contrast to other rights, women’s rights over the dowry tend to deteriorate with development. We show how marriage payments are utilized even when they are inefficient, and how the marriage market mitigates changes in other dimensions of women’s rights even to the point where women are worse off following a strengthening of such rights. We also generate predictions for when marital transfers will disappear and highlight the importance of female human capital for the welfare of women.
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Gates, Lori A. "Widows, Property, and Remarriage: Lessons from Glastonbury's Deverill Manors." Albion 28, no. 1 (1996): 19–35. http://dx.doi.org/10.2307/4051952.
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In an attempt to understand the public and private roles of medieval women in the English countryside, historians have devoted growing attention to widows as villein tenants and transmitters of land in manorial communities. Villein women are often recorded in manorial sources as co-tenants and recipients of property rights on their husbands' deaths. Although in Common Law the widow's share ranged from one-third to one-half of a free husband's lands, the villein widow often received a right to life usage of the whole of the conjugal estate upon her husband's death as her “free bench.” The extensive property-holding rights of these villein widows have made them rich subjects for study of their legal, social, and economic status and activities.Case studies based on manorial estates, however, have often focused exclusively on the widow as a transmitter of property and have subordinated the study of widows within a framework governed by considerations of land markets and property transmission. Medieval historiography contrasts with studies of early-modern and modern populations that have put elements such as age at widowhood, number of dependents, social status, personal choice in connection with widow remarriage, and provisions for widows at the forefront of study. By connecting work on widows and the landmarket with these other concerns it is possible to study medieval peasant widows within broader comparative perspective.
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HODGSON, DOROTHY L. "PASTORALISM, PATRIARCHY AND HISTORY: CHANGING GENDER RELATIONS AMONG MAASAI IN TANGANYIKA, 1890–1940." Journal of African History 40, no. 1 (March 1999): 41–65. http://dx.doi.org/10.1017/s0021853798007397.
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DESPITE the substantial and significant body of scholarly work on changing gender relations among African peoples who are (or were) primarily cultivators, the gender relations of predominantly pastoralist peoples have been, with a few notable exceptions, curiously excluded from historical examination. Instead, despite work which has shown the complexities of trying to determine the ‘status’ of East African pastoralist women, pastoralist gender relations seem to exist outside of history and be immune to change. Earlier anthropological studies that addressed pastoral gender relations applied a synchronic model, analyzing them in terms of either the pastoral mode of production or pastoralist ideology. Harold Schneider, for example, contended that among East African pastoralists, men's control of livestock gave them control of women, who were ‘usually thoroughly subordinated to men and thus unable to establish independent identity as a production force’. In his rich ethnography of Matapato Maasai, Paul Spencer claimed that both male and female Maasai believe in ‘the undisputed right of men to own women as “possessions” ’. Marriage, in his view, was therefore ‘the transfer of a woman as a possession from her father who reared her to her husband who rules her’. Melissa Llewelyn-Davies' study of Loita Maasai women in Kenya corroborated Spencer's findings. Loita Maasai women perceived themselves, and were perceived, as ‘property’, to be bought and sold by men with bridewealth. Llewelyn-Davis argued that ‘elder patriarchs’ used their control of property rights in women, children and livestock to control the production and reproduction of both livestock and human beings. Similarly, in his symbolic analysis of pastoral Maasai ideology, John Galaty contended that Maasai men were the ‘real’ pastoralists, while Maasai women were negatively equated with lower status hunters, providing an ideological explanation for their lower status. Thus, whether they attributed their findings to material or ideological sources (or some combination of the two), few anthropologists questioned the ‘undisputed right’ of contemporary male pastoralists ‘to own women as possessions’.
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N, Mahadevi. "Womens in Ephigraphs of Gongu Nadu." International Research Journal of Tamil 3, no. 4 (September 11, 2021): 63–74. http://dx.doi.org/10.34256/irjt2149.
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Ephigraphs of Kongu Nadu has the Evidence of Women’s Contribution both from Royal Family and poverty-stricken family. Though the disparate regions of Kongu Nadu was ruled by various kings, the evidence of women’s contribution is found only in the Ephigraphs of Pandyas, Cheras, and Cholas. However, women Contribution was at peak during Chozha Period. Women of Royal Clan was provisioned with the ability and rights to maintain and rejuvenate Temples. Devaradiyarkal contributed Gold and coins which stands as a testimony to their social standard. It also reflects their Wealth. The wives of Government officials offered lands as part of their contribution. The evidence of contributions made by lay women could be traced only in the Epigraphs of 12th or 13th Century only. It is believed that women made their contribution with regard to God but the trace of evidence couldn’t be found anywhere. Further, the glimpses on women’s right to property and in addition, their freedom to use their property regardless of any exterior interventions were also been recorded.
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Abraham, Janaki. "‘Matriliny did not become patriliny!’." Contributions to Indian Sociology 51, no. 3 (September 4, 2017): 287–312. http://dx.doi.org/10.1177/0069966717720514.
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In contrast to a preoccupation with Nayar matriliny, in this article I look at the transformations of matrilineal tharavad houses among the Thiyyas who ranked below the Nayars in the caste hierarchy and were not generally large landowners. Moving away from the more exotic practices of matrilocality and duolocality, I look at matriliny coupled with a strong norm of virilocality in which a woman moved to her husband’s house after marriage. This enables an exploration of the implications of this residence norm for women, and particularly its implications for our understanding of the transformation of matrilineal kinship in Kerala. Paying special attention to the experience of women in tharavad houses and the creation of new houses, coupled with the continuities in the right that a woman retains to residence in her natal house and a right to a share of the property, forces us to question the common sense understanding that matriliny has transformed to patriliny.
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Shabbir, Syed Waqas, Nazia Malik, Muhammad Rizwan, and Muhammad Hashim. "Customary Practices and the Issues of Women Property Rights: Case Study of South Punjab (2007-2014)." STATISTICS, COMPUTING AND INTERDISCIPLINARY RESEARCH 1, no. 1 (December 31, 2019): 1–12. http://dx.doi.org/10.52700/scir.v1i1.17.
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The world is facing gender related problems in which women’s are discriminated against in almost all walks of life. The present research is focusing on the issues of women. i.e, exchange marriages, women property rights and their maintenance after divorce in South Punjab. The objective of this study is to unveil the structural constraints in the society which have hamperedthe freedom and the autonomy of women. These constraints are operational in the domain of legal-judicial and administration-policing social system of the state that has made the access of women difficult to get the redress and relief against the violation of their rights. In this research, an interpretative mode of research is being used to unfold the relationship of different variables. Some of the variables have their connections on the bases of their influence on the nature of the women’s right in the social setup of South Punjab. Among these variables, independent ones are customary practices prevailing religious doctrines and the sources of materials means. The particular nature of the study and scientific approach of the research, it seemed appropriate to apply quota sampling technique for the selection of court cases. The especially court cases has been segregated to project women image of this region. In this study categories of the cases on the basis of different variables collected from targeted three districts as judgments pronounced and established under family and session court under districts Multan, Muzaffargarh and Dera Ghazi Khan during the period from (2007 to 2014).This study includes ten cases, all related to the rights of women and customary practises. This study had also tried to show the how far judicial decisions were in favor of women to make them capable to empower in the emerging challenges of the time. The study in its analysis tried to show the effectiveness of prevailing family laws to enhance status of women.
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Huffaker, Shauna. "Gendered Limitations on Women Property Owners: Three Women of Early Modern Cairo." HAWWA 10, no. 3 (2012): 127–50. http://dx.doi.org/10.1163/15692086-12341234.
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AbstractWomen’s rights to be independent property owners in the pre-modern Islamic world can be overemphasized. This article explores the legal frameworks and social and familial customs that limited women’s ability to act as autonomous property owners in late Mamluk and early Ottoman Egypt. Three case studies of early modern women of different socio-economic status demonstrate how these limitations come into focus only when women’s ownership of property is tracked over the long term. These case studies and supporting material are drawn from sales and waqf endowment documents held at the Egyptian National Archives and the Archives of the Ministry of Religious Endowments.
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Sali, Meirison Alizar, Desmadi Saharuddin, Rosdialena Rosdialena, and Muhammad Ridho. "MODERASI ISLAM DALAM KESETARAAN GENDER (KOMPARASI TERHADAP AGAMA YAHUDI DAN NASRANI)." Jurnal AL-IJTIMAIYYAH: Media Kajian Pengembangan Masyarakat Islam 6, no. 1 (June 30, 2020): 1. http://dx.doi.org/10.22373/al-ijtimaiyyah.v6i1.5510.
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Islam is a moderate religion that is very close to the dignity of women which is very different from the two religions of its predecessors. In both religions women are considered as a burden in life and very detrimental, women's rights are morally and materially ignored. Like ownership of property, the right to issue testimony, identity is assigned to the husband not to his father. Even as far back as 1956 and perhaps up to now in France and Germany full of women's freedom must obtain the husband's permission to conduct transactions, such as buying and selling, grants from his own property. With library studies and comparative approaches and qualitative methods the author reveals whether Jews and Christians have similarities in their treatment of women in theory and is there a difference between the two religions? Do Islam, Judaism and Christianity in theory give equal treatment to women? Let a Muslim know that there is a gap between the teachings of Islam and the behavior of some Muslims today that are no longer in accordance with Islamic norms. Such behavior does not originate from Islam as a moderate religion.Keywords: Islamic Moderation, In Gender, Comparison, Judaism and Christian.
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Korang-Okrah, Rose, Wendy Haight, Priscilla Gibson, and James Black. "Solutions to property rights ‘violations’ experienced by Ghanaian (Akan) widows and their children: The role of international social workers in addressing human rights." International Social Work 62, no. 1 (September 13, 2017): 405–18. http://dx.doi.org/10.1177/0020872817731141.
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Social workers are increasingly embracing international perspectives and roles to address persistent human rights issues. This study examines solutions to property rights disputes involving Ghanaian women who are widowed from the perspectives of Akan men and women in four communities. Property ownership is fundamental to the economic survival of women and their children, but millions of women around the world lose their rights to property following the deaths of their husbands. We conducted focus groups with 102 participants in four Akan communities to generate local, culturally viable solutions for preventing property rights violations and resolving them when they do occur.
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Aluko, Yetunde A. "Patriarchy and Property Rights among Yoruba Women in Nigeria." Feminist Economics 21, no. 3 (March 13, 2015): 56–81. http://dx.doi.org/10.1080/13545701.2015.1015591.
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Fowler-Salamini, Heather. "Empowering Women: Land and Property Rights in Latin America." Hispanic American Historical Review 83, no. 2 (May 1, 2003): 442–44. http://dx.doi.org/10.1215/00182168-83-2-442.
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Rapone, Anita. "Empowering Women: Land and Property Rights in Latin America." History: Reviews of New Books 30, no. 4 (January 2002): 151–52. http://dx.doi.org/10.1080/03612759.2002.10526206.
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SULEHRI, MUHAMMAD ANWAR, and NIAZ MUHAMMAD SHEIKH. "LEVEL OF EMPOWERMENT OF WOMEN." Professional Medical Journal 17, no. 04 (December 10, 2010): 721–27. http://dx.doi.org/10.29309/tpmj/2010.17.04.3033.
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Objective: To Investigate the Level of Empowerment of Women in accordance with human rights. Design: A cross-sectional study. Setting: Residence Colony of Punjab Medical College, Faisalabad. Period: August - September 2007. Material & Methods: There were 600 houses and 6 Blocks A, B, C, D, E & F in the Colony. By Simple random sampling 10 houses were taken from each Block by drawing lots. Sixty married women’s between the age of 25 – 45 years (One from each house) were interviewed using a pre-tested structured questionnaire. Results: The mean age of the respondents was 37.2 years. Among the total 60 (100%) Women, 16 (26.6%) were illiterate, while 44 (73.3%) had primary education and above. Only 10(22.2%) out of 44 educated women had graduate and above degree. Thirty-Eight (63.3%) women had the opportunity to use the reproductive health services and family planning, while 22 (36.6%) could not utilize the family planning methods. A total of 40 (66.6%) women had good nutritional status, while 20 (33.3%) had imbalances in nutrition. Nineteen (31.6%) women were doing jobs in different public and private institutions, while 41(68.3%) had not got opportunity for jobs. Thirty-Three (55%) women had monthly income lessthan Rs.10,000/- per month and 27(45%) had Rs.10,000/- and above. Forty (66.6%) women were given importance and active participation in decision making, in children marriages. house-hold and in political process (vote casting) at all levels, while 20(33.3%) were not given importance in decision making of above matters. Forty -Three (71.6%) woman were given their right of inheritance / property. Fourteen (23.3%)women were forced to wear veil while going out of house. Forty (66.6%) woman admitted to have suffered from violence either psychological, physical or sexual in their life. Safe drinking water supply was available to 30 (50%) women, however sewage disposal, toilet facilities with in house were available to majority of the respondents. A total of 40 (66.6%) women were over all empowered. Conclusions: Women do havehuman rights as well. The results obtained from this study are encouraging but not up to the standards of International Human rights Principles, which are universal, inalienable; indivisible; interdependent and interrelated.
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Ababsa, Myriam. "The Exclusion of Women from Property in Jordan." Hawwa 15, no. 1-2 (November 3, 2017): 107–28. http://dx.doi.org/10.1163/15692086-12341317.
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Abstract Only one fourth of Jordanian women entitled to property inheritance receive it fully. The main reason is that land and property are not formally registered. But this is also due to several strategies to exclude women from inheritance. Social pressure is translated into the “exclusion” (takhāruj) of inheritance rights. This is linked to social norms in favour of male property.
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Shatzmiller, Maya. "Women and Property Rights in Al-Andalus and the Maghrib: Social Patterns and Legal Discourse." Islamic Law and Society 2, no. 3 (1995): 219–57. http://dx.doi.org/10.1163/1568519952599204.
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AbstractThis essay focuses on the implementation of women's property rights in al-Andalus and the Maghrib in the period between the tenth and fifteenth centuries, as reflected in legal sources. An examination of Islamic property and family law, judicial practice, and the attitude of jurists toward women indicates that the majority of Muslim women owned property independently at some point in their lives, that women acquired property at every stage of the life-cycle, and that women played an important role in the intergenerational transmission of property and in keeping familial property intact. At the same time, the legal institutions of guardianship (wilāya) and interdiction (ḥajr) placed constrains on the ability of women to exercise effective control of their property during adulthood. The implementation of women's sharʿī property rights by qādīs and muftīs had important consequences for women's relationships with their families, especially their husbands. That male domination was never complete in propertied families calls into question the characterization of the Muslim family as “patriarchal” and points to the need for a new social, cultural, and economic explanation of the nature of the Muslim family.
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Mower, Gordon B. "Make Way for Women: Philosophical Adaptation of Confucian Property Practices." Culture and Dialogue 8, no. 2 (October 29, 2020): 323–41. http://dx.doi.org/10.1163/24683949-12340089.
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Abstract Women struggling for recognition encounter an important difficulty in structural barriers to property ownership. In this paper, I propose to investigate the possibility of a roughly Confucian conception of property that both eschews the liberal property rights conception and provides more space for women than has been allowed in traditional Confucian property schemes. Western property regimes also failed to provide women with adequate access to property, but this was corrected in a manner in keeping with the Western fixation on the individual. Important social problems arose in connection with the Western individualized approach to property relations. The traditional Confucian approach managed to avoid the Western problems, but, as in the West, it failed to provide women with sufficient access to property. I argue here that Confucianism is adequately supplied to correct this deficiency through two routes: one ritual-based and one canon-based.
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Dewi, Anak Agung Galuh Ratna Chyntia, I. Wayan Wesna Astara, and I. Ketut Sukadana. "Kedudukan Wanita Bali yang Daha Tua (Tidak Menikah) terhadap Hak Warisan di Desa Adat Abianbase Kabupaten Gianyar." Jurnal Konstruksi Hukum 1, no. 1 (August 27, 2020): 26–31. http://dx.doi.org/10.22225/jkh.1.1.2161.26-31.
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Balinese unmarried women still do not get legal protection in the rights of inheritance. This is because the Hindu community in Bali adheres to the Patrilinial family system that only men are entitled to receive inheritance. In the development of the main assembly of Pakraman village, Bali (MUDP) has taken the initiative to grant the rights of inheritance to women with their parents' property. From the fact, then the research problems are formulated as (1) How the position of unmarried Balinese women in the customary village of Abianbase? (2) How to implement the birthright of unmarried Bali women in the customary village of Abianbase. The research method used is empirical-juridical research implemented by researching the reality in Abianbase customary village and the Supreme Pasamuhan Decree of MUDP III. The data types used are the primary data and the secondary data. Finally it was concluded that the position of unmarried women equals the women’s position on the customary law of Bali. The unmarried woman cannot have a birthright except the right to take advantages of their parents’ inheritance as the cost of living with other heirs. The implementation is, in the traditional village Abianbase after the decree of the main assembly of Pakraman village about the results of Pasamuhan Agung III MUDP Bali, there’ a need for a relatively longer time because it concerns the tradition that has been ingrained in society life.
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Efe, Chinedu Justin, and Oghenerioborue Esther Eberechi. "Property Rights of Nigerian Women at Divorce: A Case for a Redistribution Order." Potchefstroom Electronic Law Journal 23 (March 17, 2020): 1–39. http://dx.doi.org/10.17159/1727-3781/2020/v23i0a5306.
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In Nigeria, marriage is hardly conceived as a partnership of equals in relation to the property rights of spouses during marriage and at divorce. This is because the Nigerian courts do not redistribute property at divorce. This leaves the financially weaker spouse (usually the wife) at an economically disadvantaged position. This article therefore compares the position of the matrimonial laws in England with that of Nigeria, whether there are provisions for the redistribution of property between the spouses at divorce. The comparative analysis reveals that family laws in England empower the family court to redistribute property amongst spouses at divorce. On the contrary, the matrimonial property laws in Nigeria provide for the settlement of property at divorce. The analysis also reveals that the courts in Nigeria adopt the strict property rights approach in ordering the settlement of property, which is detrimental to the wife. The article also makes a case for a redistribution through the economic analysis of the worth of a housewife. The authors therefore argue that the Nigerian courts should depart from this approach and borrow from the English courts. The authors recommend the amendment of the matrimonial property laws to fill this gap. That would enable the Nigerian courts to make a redistribution order, so as to vary the recognised property rights of spouses in order to provide compensation for any reasonable loss caused by marriage and ensure that the financial benefits of marriage are shared on a just and equitable basis.
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Oboler, Regina Smith. "The house-property complex and African social organisation." Africa 64, no. 3 (July 1994): 342–58. http://dx.doi.org/10.2307/1160785.
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A feature of the ethnography of eastern and southern African cattle-keeping peoples is a high level of contradiction in the assessment of the status of women. Better understanding of the house-property complex, the property and inheritance system characteristic of these peoples, can resolve some seeming contradictions. In this system, all property (especially livestock) held by a polygynous family is divided and held separately by the nuclear family of each wife. Sons inherit from the property of their own mother's house rather than from a general pool of their father's property.The article analyses variations in the norms of the house-property complex from one society to another. The institution is said to be ‘highly developed’ if more cattle are allocated as house property than are retained in men's residual herds, if women's rights in their house property are thought of as inalienable, if wives have some recourse should their husbands appropriate their house property, and if rules preventing redistribution of property or bridewealth between houses are rarely violated.A frequently overlooked aspect of this property system is that it gives women well denned rights in property, despite public ideologies (often overstated, especially by male informants) that cattle belong to men. There are actually, in at least some societies, several named categories of cattle. In each category, different individuals have predominant rights. Women actively defend their interests in cattle in which their rights predominate, and manipulate those rights to gain their ends in social interaction. These points are illustrated with case material from Nandi District, Kenya.The degree to which women have some control over property is obscured both by culturally endorsed simplifications and by the ethnographic situation in which male ethnographers historically interviewed male informants about property holding. Nevertheless, clues to women's participation in property management may be found in many classic ethnographies, and are cited in the article.
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Macdonald, Charlotte. "Land, Death and Dower in the Settler Empire: the Lost Cause of "The Widow's Third" in Nineteenth-Century New Zealand." Victoria University of Wellington Law Review 41, no. 3 (November 6, 2010): 493. http://dx.doi.org/10.26686/vuwlr.v41i3.5218.
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Exploration of dower right or the 'widow's third' in 1840s-70s New Zealand provides an additional perspective on marriage and property history to the better known story of late 19thC married women's property reform. New Zealand practice broadly followed the curtailed dower history of the 1833 Dower Act (England) with further acceleration driven by the desire to rapidly disencumber land title in order to free property in land for easy sale and exchange. Several dower cases are traced, revealing the circumstances of widows in the social and economic fabric of colonial communities. Debates in the settler parliament in the 1870s reveal increasingly divergent set of understandings around land as property, about inheritance and a concern for the situation of women within, but not beyond, marriage.
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Chuluunbaatar, Udaanjargal, and Leland Liu Rogers. "Property Relations of Mongolian Women during the Qing Period." Inner Asia 22, no. 2 (November 4, 2020): 320–38. http://dx.doi.org/10.1163/22105018-12340153.
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Abstract This study considers the historical importance of the dowry, or inǰe, in outer Mongolia during the Qing period (1636–1911), focusing on the developments of the legal system towards women’s rights over their dowry using archival legal case documents from the Mongolian archives. Previous studies argue that the dowry system was of little importance among the steppe populations; however, the Mongolian archival documents make it clear that the dowry played a very important role in society for establishing prestige and for acquisition of property for families during the Qing period. They also show that the courts in Mongolia consistently ruled in favour of women, particularly in the case of their ownership and compensation for dowry livestock during divorce cases, including livestock born from dowry livestock, demonstrating that pre-modern Mongol women were considered autonomous social agents with distinct personal rights, and not thought of as property.