No information on the Shari'ah laws and/or customary practices regarding inheritance in the Sylhet region, nor on whether the eldest son receives the power to sign the property over to a third party could be found among the sources consulted by the Research Directorate.

Please consult PAK31780.E of 21 May 1999 for detailed information on inheritance rights according to Shari'ah, as interpreted by the four Sunni legal schools (Hanafi, Maliki, Shafi'i and Hanbali), and the three Shi'i schools that have survived to the present day (Ithna 'Ashari/Twelver, the Zaydi/Fivers, Isma'ilis/Seveners).

According to the 1981 census, approximately 86 per cent of the population is Muslim, the vast majority of which are Sunni (The New Encyclopaedia Britannica 1989, 594; AI 1994; Newton 1996, 41) and follow the Hanafi school of jurisprudence (AI 1994). Hindus make up approximately 12 per cent and the remainder of the population are either Christian, Buddhist or follow tribal religions (AI 1994; The New Encyclopaedia Britannica 1989, 594-95; Newton 1996, 41).

Human Rights in Bangladesh 1997 produced by the Bangladesh human rights NGOs ASK, BLAST, MLAA and Odhikar says that,

According to the provisions of the Muslim personal law the wife gets one eighth of the deceased husband's property, if there is a child and one fourth if there is no child; the mother inherits one-third of her deceased child's property. However, if there are surviving siblings, that is a brother or sister of the deceased, the mother's share is reduced to one-sixth. A daughter inherits half of what the son gets as residuary; a daughter inherits one half of her father's property, but if there is more than one daughter, they inherit two thirds collectively (1998, 96).

The 1 April 1997 CEDAW report on Bangladesh provides detailed information on inheritance rights of women in Bangladesh:

The Constitution is the fundamental source of law in Bangladesh and laws incompatible with its provisions have no status (84). .. Bangladesh does not have any 'Shariah Law' as such. Rather certain provisions are codified into legislation, such as the Muslim Family Law Ordinance and provisions of the Shariah are not immutable but subject to reinterpretation based on the needs of the time. In addition Muslims are not the only population in the country. There is a sizeable non-Muslim population to whom the Shariah is not applicable (26). ...

Legally women have the same access as men to the political process, social services, health and medical care, education, literacy, development programmes, employment, ownership of property and social services (27). ...

However, in fact, women do not have the same access as men to these rights and freedoms (27). ...

... Women are guaranteed equality with respect to men before the law in all matters except for those covered by the personal laws. Women are guaranteed equal legal capacity, including that relating to contracts, property and litigation, and legally the same opportunities to exercise that capacity (75).

Except for the inheritance of property, all other matters concerning property are governed by civil law, i.e. ownership, administration. Women can administer property, be executors, or administrators of estates. Women have the right to make contracts, including those related to credit, real estate and other property as well as other commercial transactions, in their own names (75-76). ...

Although the legal provisions are equal for men and women, in practice women cannot avail of their rights in the same way as men can and these rights remain largely theoretical... (76). ...

...On dissolution of marriage the wife has no rights to property, other than any in her own name (either bought or inherited) (80). ...

...[According to Islamic law] The father-in-law of a widow becomes the legal guardian of her children and the widow has to take permission from the court for disposing of her minor children's property. ...

According to Islamic personal law the mother is guardian of her minor children in case of her husband's death but she has to be declared as guardian by the court for alienating [disposing of] minor children's property (81). ...

[According to Islamic Law relating to property/inheritance rights] The Quran provides that women, as daughters, mothers and wives would, under all circumstances, be entitled to some share of property under the law of inheritance. ...

According to the provisions of the Muslim personal law the wife receives one eighth of the deceased husband's property when there is a child and one fourth when there is no child. ...

A daughter inherits one half of her father's property but if there is more than one daughter, they inherit two thirds collectively. The rest of the property goes to the agnatic kin. When there is a son, a daughter inherits half of what the son gets as residuary. ...

It can therefore be said that the Islamic personal laws provide for protection of right of inheritance for women but preclude inheritance on an equal basis with male co-sharers. It is also customary for a woman not to claim her share of the family property unless it is given willingly. Women often surrender their right to property in exchange of the right to visit their parental home and seek their brothers' assistance in cases of marital conflict.

A male child is given preference with regards to the inheritance of property and its control inspite of there being several daughters. Property given to daughters is considered as property relinquished to the husband's family. This and the fact the daughters cannot inherit the entire property and a portion has to be given to other relatives, contributes to the preference for having sons and the lower value given to girls. There is an exception in the case of Shiah Muslim girls who may inherit the entire property if there are no sons.

So far as testamentary succession is concerned, a Muslim cannot bequeath more than a third of his estate and this can only be to some one who is not already an heir. Therefore, a Muslim cannot by 'Will' bequeath all property to his only daughter if there are other heirs. But a will in excess of the legal third may be validated by the consent of the heirs as may a will to any heir (82).

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. Please find below the list of additional sources consulted in researching this Information Request.

References

Ain O Salish Kendra (ASK)/Bangladesh Legal Aid and Services Trust (BLAST)/Madaripur Legal Aid Association (MLAA)/Odhikar. 1998. Human Rights in Bangladesh 1997. Dhaka: The University Press Limited.

Amnesty International (AI). 1994. Bangladesh: Fundamental Rights of Women Violated with Virtual Impunity. (AI INDEX: ASA 13/09/94). London: Amnesty International.

Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), United Nations. 1 April 1997. Consideration of Reports Submitted by States Parties Under Article 18 of the Convention on the Elimination of All Forms of Discrimination Against Women: Third and Fourth Periodic Reports of States Parties: Bangladesh. (CEDAW/C/BGD/3-4).

The New Encyclopaedia Britannica. 1989. Vol. 14. 15th ed. Edited by Philip W. Goetz. Chicago: Encyclopaedia Britannica, Inc.

Newton, Alex et al. 1986. 3rd ed. Bangladesh: A Travel Survival Kit. Hawthorn, Vic.: Lonely Planet.

Additional Sources Consulted

Asian Profile [Hong Kong]. Bi-monthly. February 1996-December 1997.

Asian Survey [Berkeley, Calif.]. Monthly. January 1995-April 1999.
ASK/BLAST/Odhikar. 1997.

Human Rights in Bangladesh 1996.

Bangladesh Bureau of Statistics. January 1997.

Statistical Pocketbook of Bangladesh 1996.

Bangladesh: A Country Study. 1989.

Bulletin of Concerned Asian Scholars [Boulder, Colorado]. Quarterly. January/June 1994-April/June 1995.
Bureau of South Asian Affairs, US Department of State. June 1998.

Background Notes: Bangladesh.

Comparative Studies of South Asia, Africa and the Middle East [Durham, N.C]. Bi-yearly. 1995-1998.
Coordinating Council for Human Rights in Bangladesh (CCHRB). 5 April 1997.

State of Human Rights 1996 Bangladesh.

Country Reports on Human Rights Practices for 1998. April 1999.

The Encyclopedia of Religion. 1987.

The Europa World Year Book 1999. 1999.

Human Rights in Developing Countries Yearbook. Yearly. 1996, 1997.

_____. 1995. Steinar Askvik, "Bangladesh."

Minority Rights Group International (MRGI) [London]. Infrequent publications. 1993-February 1999.
Odhikar. 1999.

State of Human Rights Bangladesh in 1998.

Research Directorate. August 1999.

Contextual Information Package: Bangladesh.

_____. August 1999.

Human Rights Information Package: Bangladesh.

Sisterhood is Global Institute Website.
White, Sarah C. 1992.

Arguing with the Crocodile: Gender and Class in Bangladesh.

Women in Muslim Family Law. 1982.

Women Living Under Muslim Laws (WLUML) [France]. Infrequent publications. 1994-1999.

Electronic sources: Internet, IRB Databases, NEXIS, REFWORLD.

Non-documentary sources:

Unsuccessful attempts to contact

- Bangladesh National Woman Lawyers Association, Dhaka.

- Society for Environment and Human Development (SEHD), Dhaka.