{"id":18709,"date":"2024-02-15T13:35:27","date_gmt":"2024-02-15T11:35:27","guid":{"rendered":"https:\/\/zawia3.com\/?p=18709"},"modified":"2026-10-09T04:39:17","modified_gmt":"2026-10-09T02:39:17","slug":"libya","status":"publish","type":"post","link":"https:\/\/zawia3.com\/en\/libya\/","title":{"rendered":"Female Inheritance Laws Blocked by Male Customs in Libya… Fears That Families Will Lose Standing if Inherited Property Reaches Daughters’ Husbands"},"content":{"rendered":"

Investigation: Maher Al-Shaeri<\/em><\/strong><\/p>\n

Fathia (a pseudonym) feels sorrow and heartache every time she walks past one of the buildings in her city, Misrata, where she grew up in the care of her family, because she believes she is entitled to that building from her father’s inheritance, which her brothers monopolised for themselves alone, depriving her and her sister of it.<\/p>\n

In Libya, there are deep-rooted social customs that deprive women of their right to inherit real estate: a woman whose father dies does not obtain her lawful right from her brothers or paternal uncles, to the point that it has become unusual for women to obtain their prescribed share of the real estate left by the deceased.<\/p>\n

Fathia, from western Libya, says she has one sister and five brothers. Their father died, but the two sisters did not get their share of the inheritance. All her paternal grandfather’s property had been in her father’s name, as her father had done the same with her paternal aunts: he did not give them their shares, and he alone received the inheritance. The matter repeats itself exactly, generation after generation, leaving bitterness in the hearts of women who see their inheritance in the hands of men without being able to obtain it or wrest it back.<\/p>\n

Fathia is not the only victim in this context; there are many cases in which women in Libya speak of the dominance and tyranny of their male relatives, in the face of the weakness and helplessness of women deprived of their rights on the pretext of custom, habits and traditions. But most of this talk takes place behind walls, faintly and in whispers, as customs once again stand even against speaking out about their pain.<\/p>\n

When Fathia demanded her right from her brothers, who were surprised, having assumed she would not do so, in keeping with other women’s silence on the subject as it is a prevailing custom in the country, their reply was: “We have no daughters who inherit from their fathers, and the (…) family does not let women inherit”.<\/p>\n

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Sources of Power<\/h3>\n

Real estate is one of the sources of strength, power and tribal standing in Libya; therefore, customs have prevailed for many long years requiring that inherited real estate remain with men alone, as they carry the family name. Women, who may marry outside the family, are deprived of their shares in real estate for fear that it will pass to their husbands, thus increasing the strength and standing of a different tribe, clan or family at the expense of the deceased’s family.<\/p>\n

To absolve themselves of the injustice they may inflict on their sisters, the brothers, in a number of cases, compensate them financially in exchange for the real estate, but the women often describe these compensations as “meagre”, not matching their legitimate inheritance rights, and this conduct takes the form of a “gift” or “appeasement”, not an inherent right of the heiress as Sharia states and the law affirms.<\/p>\n

Mabrouka Al-Busaikri, director of the Arab International Organisation for Women’s Rights, has come across many similar cases in the Western Mountain region, south-west of Tripoli, and in eastern Libya. Al-Busaikri confirms that brothers deliberately deprive their sisters of their right so that they do not inherit land with them, on the pretext that a sister will bring a stranger into their midst, and on this pretext women are denied their right to inheritance. Al-Busaikri adds: “Some families may give women financial compensation in exchange for their right to the land, but a woman does not obtain ownership of land, real estate or anything else. This is a clear and blatant injustice, and many organisations have demanded that this injustice be lifted”.<\/p>\n

Academic Moussa Al-Qunaidi, a faculty member at Misrata University, describes the male heirs’ justifications as “flimsy and weak”, as they say this wealth and “livelihood” will be lost and go to the house of the daughter’s husband.<\/p>\n

\"Ibrahim<\/p>\n

Salem adds:<\/p>\n\n\n\n
“There are a few families that give women their right to inheritance, but the vast majority withhold this right from them”.<\/strong><\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

The prevalence of custom in this matter led Mabrouka Al-Busaikri, director of the Arab International Organisation for Women’s Rights, and her team to prepare campaigns demanding Libyan women’s right to inheritance.<\/p>\n

Rights activist Manal Al-Hanashi also calls on every individual and institution in society to work to protect women’s right to inheritance and to realise it through lawful and legal means. Al-Hanashi adds: “The state and the judiciary must put in place laws and procedures capable of preventing women from being deprived of their share of inheritance or from abuse in it, hold accountable anyone who violates this, and spread a culture of justice and equality; and the family, the school and society must raise generations to respect and value women’s right to inheritance”.<\/p>\n

Academic Moussa Al-Qunaidi, a faculty member at Misrata University, sees the need for real, effective awareness-raising within society to raise the awareness of some people who obstruct these rights of female heirs, before talking about the constitution and the law.<\/p>\n

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Butting Against the Wall<\/h3>\n

Fathia kept waiting for an opportunity to return to the subject of the inheritance taken from her, until she heard that her brothers had sold some of her father’s property to people outside the family; that is, what they claimed to fear, the dispersal of the family’s property into others’ hands, had actually happened.<\/p>\n

Fathia revived the subject again and asked her brothers to give her and her sister their share of what remained of the inheritance, many plots of land, as the share of two males rather than two females, so that she would forgive them for the first division. The brothers held to the position of tribal custom. But after strenuous attempts, the brothers gave in and gave her a sum of money in exchange for her share in the building that was sold, without her knowing its value or what the sale price was at the time.<\/p>\n

Fathia realises that what her brothers hold is not only her father’s wealth but also the inheritance of her paternal aunts, who received nothing from it, but her manoeuvres achieved nothing, either for her or for her aunts, and the brothers kept selling land whenever they needed to marry off their sons, maintain their homes, and so on.<\/p>\n

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Your Sister Is Like You<\/h3>\n

Fatma was no luckier than Fathia. She is one of four sisters, and they have two brothers. After their father’s death, the two brothers took the entire real estate inheritance for themselves, and the sisters came out empty-handed, while their father owned real estate valued at millions of dinars.<\/p>\n

With difficulty, Fatma agreed to speak to the investigation’s reporter, as brothers deliberately prevent their sisters from complaining openly, going to court, or even talking about this subject.<\/p>\n

The reporter enlisted a real estate appraiser, and Fatma pointed him to all the real estate their father left them when he died. After totalling and valuing the real estate at current prices and calculating the shares under the Islamic law of inheritance, it emerged that Fatma is entitled to real estate worth about 2.7 million Libyan dinars (about USD 800,000).<\/p>\n

The same was applied to the real estate inherited by Fathia and her brothers: it was valued, and the inheritance divided between her and her brothers according to the Islamic law of inheritance, showing that Fathia’s share of this inheritance is equivalent to about one and a half million dinars (about USD 300,000).<\/p>\n

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The Law Protects Women’s Rights<\/h3>\n

Academic Moussa Al-Qunaidi, a faculty member at Misrata University specialising in public law, points to the law, saying: “When we talk about the law in this regard, we are talking about Law No. (6) of 1959 on protecting women’s right to inheritance. Its second article stipulates that it is not permissible to refrain from giving a woman her due share of inheritance, and its fifth article stipulates that anyone who violates the provisions of this law shall be punished with imprisonment, together with a ruling ordering payment of the inheritance due to the woman”.<\/p>\n

Moussa Al-Qunaidi<\/strong><\/p>\n

Ahmid Al-Murabit Al-Zaidani, head of the legal committee at the Victims Organisation for Human Rights, shares his view, saying that depriving women of inheritance is a form of violence against women, citing Article (2) of Law No. (6). He believes it is not permissible to refrain from giving a woman her due share of inheritance or to prevent her from benefiting from it or disposing of it.<\/p>\nhttps:\/\/zawia3.com\/wp-content\/uploads\/2024\/02\/ahmad01-b.mp3<\/a><\/audio>\n

Ahmid Al-Zaidani<\/strong><\/p>\n

On the question of replacing inheritance with financial compensation, Al-Zaidani says that when this is done with the woman’s full consent, not coupled with coercion, fraud, deception or anything else, then in this case, and specifically when the woman has full legal capacity and is over eighteen, there is no problem with this exchange, provided that the compensation matches the real value of the real estate or movable assets concerned.<\/p>\nhttps:\/\/zawia3.com\/wp-content\/uploads\/2024\/02\/ahmad02-b.mp3<\/a><\/audio>\n

Ahmid Al-Zaidani<\/strong><\/p>\n

But if the compensation involves coercing the heiress, seizing her share of the inheritance and forcing her to take the financial consideration on the pretext that the real estate inheritance will go to a stranger (the husband), that is not permissible and is considered a violation of the text of the second article.<\/p>\n

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Champions of Custom<\/h3>\n

Mohamed Al-Ghaithi, a member of the Council of Elders and of the dispute resolution committee, sees nothing wrong with real estate assets and property remaining in inheritance with the male heirs alone, saying this is common in the eastern region of Libya, and indeed in all of Libya.<\/p>\n

Al-Ghaithi attributes the reason to partnership, “because the division throughout Barqa consists of a person owning certain lands, which belong to him entirely without anyone sharing them”.<\/p>\n

According to Al-Ghaithi, division causes land to be lost and scattered among tribes: “We seek for the land to belong entirely to us as one family; this is the main reason”.<\/p>\n

Al-Ghaithi points out that some of those who leave an inheritance do not have much money but have a lot of real estate, so upon inheritance the males cannot compensate the female heirs financially for their shares in the real estate, and they take possession of them. He says:<\/p>\n\n\n\n
“We know this is forbidden by Sharia, but the brothers cannot value the land and give money instead”.<\/strong><\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

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What Happened to the Law?!<\/h3>\n

Talk about the law recurs today, in its sixty-fifth year, as it is still being debated back and forth pending the constitution being drafted. In 1973, on the instructions of Muammar Gaddafi, who ruled Libya from 1 September 1969 until 2011, the Libyan state suspended the constitution established in the 1950s, as he ordered the cancellation of all laws and regulations in force in the Libyan state, and therefore the state has no constitution. However, most of the laws in force are laws of the Libyan Kingdom from the reign of King Idris Al-Senussi, the founder of Libya.<\/p>\n

Maryam Hussein, a member of the Constituent Assembly for drafting the constitution, spoke to the investigation’s reporter about the denial of women’s right to inheritance and how the assembly viewed this matter. Article (49) of the draft Libyan constitution stipulates that “the state shall support and care for women, enact laws that guarantee their protection and raise their status in society, eliminate the negative culture and social customs that detract from their dignity, prohibit discrimination against them, guarantee their right to representation in general elections and make opportunities available to them in all fields, and the necessary measures shall be taken not to infringe on their acquired rights and to support them”.<\/p>\n

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What Is Customary Is as Binding as a Stipulated Condition<\/h3>\n

The existence of laws and constitutions is not the crux of the problem; the matter is not that simple in the view of Dr Salma Al-Shaeri, a specialist in contemporary social issues, who says that a Libyan woman demanding her inheritance through the courts and judicial bodies is considered a disgrace or a shame in society and tarnishes the family’s reputation, which in turn tears the social fabric and then leads to the persecution and suppression of the woman by all means so that she does not take her right. Al-Shaeri adds: “It has even reached the point where some families impersonated the heiress and waived her right in her name… This story happened in the city of Derna”.<\/p>\n

Although the constitution is suspended, the laws are still in force: the investigation’s reporter privately obtained a complaint filed by two women in a Libyan city against their brothers, who categorically refused to give them their father’s inheritance, which included real estate valued in the millions, forcing them to file a lawsuit.<\/p>\n

When the brothers appeared before the judge and were confronted with the legal provisions, they pledged to give their two sisters their rights, and in light of this the sisters considered the matter resolved. But this pledge was never carried out; customs in Libya obstruct even the enforcement of court rulings, and it reached the point that the brothers threatened the two sisters with death if they complained again.<\/p>\n

And if the matter reaches the courts, custom remains the stumbling block preventing women from obtaining their right to inheritance. This is what academic Moussa Al-Qunaidi, a faculty member at Misrata University, says; he believes the question of punishment is up to the judge, away from the legislator or the legislative authority, because every crime has its punishment; therefore, the judge has the right to sentence people to imprisonment of one day to three years according to the text of the law.<\/p>\n

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Back to the Age of Ignorance… About Turn!<\/h3>\n

“Depriving women of inheritance is one of the remnants of the pre-Islamic age of ignorance; they did not let women inherit until Islam came and removed this injustice done to women.”<\/p>\n

This is what Dr Salma Al-Shaeri, a specialist in contemporary social issues, said. She pointed out that the matter does not stop at depriving the heiress of her inheritance, but has devastating social effects extending to enmity and hatred between the woman and her brothers, passing down to the sons and daughters of both sides, and some women may resort to doing things that harm the family’s reputation in revenge against it and to avenge themselves.<\/p>\n

Dr Al-Shaeri noted that depriving women of a large part of the inheritance, namely real estate, creates an economic disparity between a woman and her brothers, who alone enjoy its returns, while the woman languishes at a lower economic level.<\/p>\n

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Women Are the Solution<\/h3>\n

The Public Prosecution cannot initiate a criminal case on its own, says academic Moussa Al-Qunaidi, a faculty member at the Faculty of Law at Misrata University, who points to the need for a complaint from an heiress demanding her right from her brothers and relatives, after which the prosecution can proceed with the case.<\/p>\n

Al-Qunaidi believes the crux of the problem lies in women’s fear and their failure to take action against those who refuse to give them their right, along with customs and traditions, and the failure of the executive government bodies to carry out their duties if the matter reaches the courts.<\/p>\n

Al-Qunaidi also says:<\/p>\n\n\n\n
“Women face fear or persecution when it comes to complaining against a brother, and some of them, out of ignorance, sign documents in exchange for a symbolic sum (appeasement) to silence them and make them waive their right to inheritance, and afterwards they say they were forced to do so”.<\/strong><\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

It even reaches, at times, death threats, as “money changes souls”, as the Libyan popular saying goes.<\/p>\n

Fathia used to lower her head when passing near a building she believes, in whole or in part, should have come to her under Sharia, but today she is more determined than ever to obtain her right, so that she can be an example to other women in obtaining their legitimate inheritance rights.<\/p>\n

This investigation was produced with the support of ARIJ.<\/strong><\/p>\n","protected":false},"excerpt":{"rendered":"

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