Libyan Patriarchal Customs Deny Women Their Rights to Inheritance (2)



Maher Al Shaeri


The law protects the women’s rights

Musa Al-Qunaidi, a 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 the woman the share of the inheritance to which she is entitled.”

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.

On the question of substituting a financial reward for the rightful inheritance, Al Zaydani says that, as long as 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.

However, if the compensation is made under coercion – seizing her share of the inheritance, and forcing 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. Some women were able to obtain judicial rulings on their inheritance rights and were forced – under threat – to give them up. Others were pressured to accept small sums of money or even remain silent about their rights without any of the “consolation” amount they are sometimes given

Holding on to traditional customs and norms

Muhammad Al-Ghaithi, a member of the Committee of Elders and of the Dispute Resolution Committee, sees no objection to the fact that assets and property are inherited by male heirs only. He says that this is common practice in the eastern region and even in all of Libya. For Al-Ghaithi, the reason is that “across Cyrenaica, the prevailing practice is that a person owns a particular plot of land that belongs 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.”

What happened to the law?

Today there is much discussion and back and forth about the law – now in its 65th 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 2011. Gaddafi ordered the abolition of all laws and regulations in force in Libya, and 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; eliminating negative culture and social customs that detract from their dignity; prohibiting discrimination against them; guaranteeing their right to representation in general elections; and providing them with opportunities in all fields, while all necessary measures will be taken not to prejudice or harm rights women have acquired and to support them.”

Custom rules

Only discussing 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 oppression of women and the harnessing of all means to prevent them from gaining their rights. “In fact, things have gotten to the stage where some families have stolen the identity of women so as to waive the right to inheritance in their name. This case recently happened in the city of Derna,” she says.

Even though the constitution remains suspended, laws are still in force. The author of this report has managed to obtain a complaint filed by two women in one city against their brothers. The men 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.

“Women are intimidated or persecuted if they make a complaint against their brothers to obtain their rightful share of the inheritance. Lack of knowledge leads some women to sign documents giving up their rights to an inheritance in return for a symbolic sum of money, which is paid just to silence them.” Some women have even faced death threats.

“If the case comes to court, social customs remain a stumbling block for women when 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.

Back to pre-Islamic times

“Depriving women of inheritance is a remnant 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 sister 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.

Women are the answer

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 their brothers. Lack of knowledge leads some women to sign documents giving up their rights to an inheritance in return for a symbolic sum of money, 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 lose 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.