Libyan Patriarchal Customs Deny Women Their Rights to Inheritance
Fears that family status will be weakened if inherited properties fall into the hands of women’s husbands
Report by: Maher Al Shaeri
30/04/2024
30/04/2024
Fathia (not her real name) feels sad whenever she walks past a
building in the city of Misrata where she grew up. The reason is that
she believes that she should by rights have inherited the building
from her father, but her brothers took it for themselves, leaving
nothing for her and her sister.
There are social norms in Libya that deprive a woman of her right to
inherit property. If her father dies, her legal rights are withheld by
her brothers or uncles, to the point where it is now abnormal for
women to obtain their stated share of properties bequeathed to them by
the deceased.
Fathia, from western Libya, has one sister and five brothers. When
their father died, she and her sister failed to receive their share of
his inheritance. All of her paternal grandfather’s estate had also
been in her father’s name, and he did the same thing with her aunts.
They did not receive their share of the inheritance, and all went to
the father. This pattern is repeated again and again, down the
generations, creating a sense of bitterness in women, who see no way
to stop their inheritance being taken by the men of the family.
Fathia is far from being the only victim of this practice. There are
many cases of women in Libya speaking out about the brutal behaviour
of their male relatives, and the weakness and helplessness of women
who are deprived of their rights under the pretext of traditional
custom and practice. But most of the time such conversations are held
in a whisper behind closed doors. Again, custom prevents women even
speaking out about the pain they feel.
When Fathia demanded that her brothers give her what was rightfully
hers, they were shocked, given that most women stay silent on this
issue, an established custom in Libya. They responded by saying: “We
do not have daughters who inherit from their fathers, and a family …
does not hand down property to women.”
Property is regarded as one of the sources of tribal power and status
in Libya. So, for many years, custom has dictated that properties
should be inherited by men alone, since they carry the family name. If
women marry outside the family, they are not allowed a share in the
property, for fear that it will pass to their husbands. This would
increase the power and status of a different tribe or family, at the
expense of the family of the deceased.
Sometimes brothers will compensate their sisters financially in lieu
of property, so as not to be accused of acting unjustly. But the women
often say that this “meager” compensation is in no way equivalent to
their rightful inheritance. It is a “gift” meant to “placate” women,
not an acknowledgement of their inherent right as a beneficiary, as
stated in both religious and civil law.
Mabrouka Besikri, Director of the International Arab Organization for
Woman's Rights, has come across many similar cases in the Nafusa
Mountain region, southwest of Tripoli, in eastern Libya. She explains
that brothers deliberately deprive their sisters of their rights as
co-inheritors of land. They claim that a woman will bring a stranger
into their midst, and on this basis, they take away from the woman her
right of inheritance. Besikri adds: “It is possible that some families
will give women financial compensation in exchange for their right to
land, but they end up owning no land, property, or anything else. This
is a clear and obvious injustice, and many organizations have called
for it to be brought to an end.”
Academic Musa Al-Qunaidi, who teaches at the University of Misrata,
describes as “weak and feeble” the justifications put forward by male
heirs that their “sustenance” will be lost to the family of the
daughter’s husband.
Salem adds:
“A few families do give a woman the right to inherit, but the
overwhelming majority withhold this right from her.”
The dominance of this traditional practice led Mabrouka Besikri and
her team to demand that Libyan women be given the right to inherit.
Human rights activist Manal Al-Hanashi calls on every individual and
institution in society to work to protect a woman’s right to
inheritance and to achieve this through legal means. “The state and
the judiciary must put in place laws and procedures to stop women’s
inheritance rights from being ignored or abused, to hold accountable
any law breaker, and to spread a culture of justice and equality.
Family, schools, and society all need to bring up future generations
to respect and appreciate women’s right to inherit.”
Musa Al-Qunaidi believes that, before any discussion of constitutional
and legal action, something needs to be done to raise the level of
awareness among those sections of society which stand in the way of
the right of women to inherit.
Fathia was biding her time, waiting for the chance to return to the
issue of her stolen inheritance, when she heard that her brothers had
sold some of her father’s property to people outside the family. So,
the very thing they claimed they were afraid of - that family property
would be lost by falling into the hands of others - had actually
happened.
Fathia raised the issue again and demanded that her brothers give her
and her sister their share in the remainder of the inheritance – which
consisted of many plots of land – and that they should receive the
same share as the men. In return, she would excuse them for the way
they handled the original division of the inheritance. The brothers
stuck by the tribal custom, but after strenuous attempts by Fathia,
they finally compromised and gave her a sum of money in exchange for
her share in the building that had been sold, but without her knowing
its true value or the sale price.
Fathia is fully aware that her brothers have in their possession not
only her father’s money, but also the inheritance due to her aunts,
who have received nothing. But none of her efforts, either on her own
or her aunts’ behalf, have brough any result. And her brothers have
continued to sell off land whenever they need, to fund their
children’s marriages, the upkeep of their livelihood, or other things.
Fatima had no more luck than Fathia. She has three sisters and two
brothers. After the death of their father, all the father’s property –
worth millions of dinars - was inherited by the two sons, leaving the
sisters empty-handed.
Fatima was reluctant to speak to us, since the brothers are keen to
prevent their sisters from airing their grievances publicly, or going
to court, or even discussing the matter.
We sought the help of a property assessor, and Fatima gave him
information on all the properties her father left to them upon his
death. The assessor calculated the total value of all these properties
at current prices and, based on the correct legal apportioning of the
property, it turned out that Fatima’s share was worth approximately
2.7 million Libyan dinars (about $800,000).
The assessor also calculated the market value of the properties
inherited by Fathia and her brothers. In this case also he divided the
inheritance based on the correct legal distribution. And it turned out
that Fathia’s share of this inheritance was equivalent to about one
and a half million dinars (approximately $300,000).
Musa Al-Qunaidi, the specialist in public law and lecturer at Misrata University, says: “When we talk about law in this context, we are talking about Law No. 6 of 1959, regarding the protection of women’s right to inheritance. Article 2 stipulates that it is impermissible to withhold payment of the share of inheritance to which a woman is entitled. And Article 5 stipulates that anyone who violates the provisions of this law shall be punished by imprisonment as well as being made to pay to the woman the share of the inheritance to which she is entitled.”
Musa Al Qunaidi
For Sound recording translation please Click Here.
Ahmeed Al-Mourabit Al-Zaydani, head of the Victims Organization for Human Rights, agrees. He says that depriving women of inheritance constitutes violence against them. Based on Article 2 of Law No. 6, he argues that it is impermissible to withhold from a woman her rightful share of inheritance, or to prevent her from benefiting from it or disposing of it.
Ahmeed Al Zaydani
For Sound recording translation please Click Here.
On the question of substituting a financial reward for the rightful inheritance, Al Zaydani says that, provided this is done with the woman’s complete consent, and there is no coercion or fraud involved, then there is no problem with such a substitution, provided the woman has full legal capacity and is over the age of eighteen. The compensation must also equal the real value of the inherited property or possessions.
Ahmeed Al Zaydani
For Sound recording translation please Click Here.
However, if the compensation is made under coercion - to seize her share of the inheritance, and to force her to accept financial compensation under the pretext that the inheritance from the property will go to a stranger (her husband) - then this is not permissible and is a violation of the text of Article 2.
Muhammad Al-Ghaithi, a member of the Committee of Elders and of the
Dispute Resolution Committee, sees no objection to assets and property
continuing to be inherited by male heirs only. He says that this is
common practice in the eastern region and indeed in all of Libya.
For Al-Ghaithi, the reason is that “across Cyrenaica, division means
one person owns a particular plot of land, which belong to him
entirely and exclusively.”
According to Al-Ghaithi, splitting up land means it will be wasted,
and divided between tribes: “What we are seeking usually is for the
entire land to be ours as one family; this is the main reason.”
Al-Ghaithi points out that some people do not have much money to pass
on when they die, but do have a lot of property. So, males who inherit
are not able to compensate female heirs financially for their share in
the property. They therefore take full possession of it. He says:
“We know that this is forbidden by law, but the brothers who inherit
are not able to price the land and give money in compensation.”
Today there is much discussion and toing and froing about the law -
now in its sixty-fifth year – as the country waits for a “new”
constitution, which is in the process of being drafted. In 1973, the
Libyan state suspended the constitution, established in the 1950s, on
orders from Muammar Gaddafi, who ruled Libya from September 1, 1969
until February 17, 2011. Gaddafi ordered the abolition of all laws and
regulations in force in Libya, so the state has no constitution. The
majority of laws today are those that were in force when Libya was a
kingdom under the country’s founder, King Idris al-Senussi.
Maryam Hussein, a member of the Constitution Drafting Assembly (CDA),
explained to us about how women are deprived of rights to inherit and
how the CDA sees this. Article 49 of the draft Libyan constitution
stipulates that
“the state is committed to: supporting and caring for women and
enacting laws that guarantee their protection and raise their status
in society; to eliminating negative culture and social customs that
detract from their dignity; to prohibiting discrimination against
them; to guaranteeing their right to representation in general
elections; and to providing them with opportunities in all fields,
while all necessary measures will be taken not to prejudice and to
support rights women have acquired.”
Talk of laws and constitutions does not get to the heart of the
problem, though. The issue is not that easy, according to Dr Salma
Al-Shaeri, a specialist in contemporary social issues. She says that
for Libyan women to demand their inheritance through the courts and
judicial system is considered shameful by society and damaging to a
family’s reputation. This in turn leads to more persecution and
suppression of women and the harnessing of all means to prevent them
from gaining their rights. “In fact, things have got to the stage
where some families have stolen the identity of women so as to waive
the right to inheritance in their name. This happened in the city of
Derna,” she says.
Even though the constitution remains suspended, laws are still in
force. I have managed to obtain a complaint filed by two women in one
city against their brothers. They had categorically refused to give
them the inheritance due to them from their father, who left
properties worth millions, forcing them to go to court.
When the men appeared before the judge and were faced with the legal
documents, they promised to give their sisters what was rightfully
theirs. The two women therefore concluded that the matter had been
resolved. But the men did not keep their promise, showing that social
custom in Libya can even prevent judicial rulings being implemented.
The brothers have gone as far as threatening that their sisters will
be killed if they make any further complaints.
If the case comes to court, social customs remain a stumbling block
for women in trying to secure their rights to inheritance. Musa
Al-Qunaidi argues that when it comes to punishment, this is a matter
for judges not legislators. Every crime has its appropriate
punishment, and the judge has the right to sentence people to between
one day and three years in prison, according to the law.
“Depriving women of inheritance is a hangover from pre-Islamic
times. Women had no inheritance rights until Islam came and removed
this injustice against them.”
So says Dr Salma Al-Shaeri, a specialist in contemporary social
issues. She points out that the problem goes beyond depriving women of
their rightful inheritance and has devastating social effects,
including stoking hostility and hatred between a woman and her
brothers. It can affect sons and daughters on both sides, while some
women may resort to taking some action in revenge, which would harm
the reputation of the family.
Dr Al-Shaeri also argues that depriving women of a large portion of
their property inheritance creates an economic disparity between them
and their brothers, who alone benefit from the returns on the
property, while the women remain economically inferior.
The public prosecution service cannot initiate a criminal case on its
own, explains Musa Al-Qunaidi, but needs first to receive a complaint
from an inheritor claiming her rights from brothers or other
relatives. Only after that can the prosecution proceed with the case.
Al-Qunaidi believes that the problem comes down to the fear that women
have, and their failure to act against those who withhold their rights
from them. Alongside this are customs and traditions and the failure
of the executive agencies of government to carry out their duties once
the matter reaches court. Ahmeed Al-Mourabit Al-Zaydani, head of the
Victims Organization for Human Rights, agrees. He says that depriving
women of inheritance constitutes a violation against them, according
to Article 2 of Law No. 6. He believes that it is impermissible to not
give a woman the share of the inheritance to which she is entitled, or
to prevent her from benefiting from it or disposing of it.
“Women can be intimidated or persecuted if they make a complaint
against a brother. Lack of knowledge leads some women to sign
documents giving up their right to an inheritance in return for a
symbolic sum, which is paid just to silence them. But then they say
they were forced into it,” says Al-Qunaidi.
Women can sometimes even face death threats. “Money makes people loose
their minds,” as the popular saying in Libya has it.
Fathia used to lower her head whenever she passed by the building
which she believed should be hers, in full or in part, according to
Islamic law. But today she is more determined than ever to obtain what
is due to her, and thereby become an example to other women in working
to obtain their legitimate inheritance rights.
This investigation was completed with support from ARIJ