A Study to Investigate the Impact of Customary and Islamic Law on Property Ownership for Islam Practicing Women in the Gambia

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CHAPTER 4: Discussion of results and Findings ...................................................................................... 16

4.1 Introduction....................................................................................................................................... 16

4.2 Forms of property ownership ............................................................................................................ 16

4.2.1 Inheritance.................................................................................................................................. 16

4.2.2 Education ................................................................................................................................... 17

4.2.3 Work .......................................................................................................................................... 18

4.3 Findings on Women’s property Law in the Gambia. ........................................................................ 19

CHAPTER 5: Conclusion and Recommendations...................................................................................... 22

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5.1 Conclusion ........................................................................................................................................ 22

5.3 Research Limitations ........................................................................................................................ 23

REFERENCES ........................................................................................................................................... 25

Appendices.................................................................................................................................................. 28

Annex 1: Questionnaire Design .............................................................................................................. 28

Annex 2: Sample disaggregated data collected....................................................................................... 29

Annex 3: Participant Briefing and Consent ............................................................................................ 30

Annex 4: Participant Debriefing and Withdrawal Letter ........................................................................ 31

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CHAPTER 1: Introduction

1.1 Motivation of Research

Women in majority Islam practicing countries including Gambia still face inequality at home, in their communities and the society at large. They are usually left in the background because of state laws, customary laws and religious beliefs. This inequality also affects their right of property ownership. The rights of women to own, inherit, manage and dispose of property whether tangible or intangible has been minimized by individuals, customs and laws in many countries of the world today. These women who most often constitute a greater population of the country, are not given the opportunity to own land, houses, cars, bank account, cattle, crops and many other forms of property. Women's right to property most often depends on the relationship they share with men around them.

Religion too has also had an impact on the ownership of property by women when put together with customary beliefs. These two when put together in extreme cases greatly limits the right of women to own property. Historically, Religion has been interpreted to the detriment of the Islamic woman but to the advantage of the Islamic man. These several interpretation of Islam under different customary settings has reduced the rights of women to own property.

This research therefore brings out the role of Islamic religion and Customary laws on the ownership of property by Islam practicing women in the Gambia. It further examines what the Islamic religion says about women owning property and what is the real situation at hand in the Gambia.

1.2 Importance of Study.

Historically, the Quran acknowledges the right of women to own property. The Quran explains important post held by women during the period of the prophet which made them to acquire property. In general terms the Islamic law allows women to hold, use and dispose of property but when you go into details with the various interpretation and cultural point of views, the terms become very complicated and this therefore restrict these women. The Islamic law acknowledges the fact that a woman should be given what she earns and which can be a man's when she willingly transfers it to the man. But when we consider the fact that Muslim women are supposed to be very reserved, their right of property ownership which can be gained only when they are loyal to their husbands and host family and thus it’s restricted. To own a property in any form

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means you need to manage this property and this management cannot be adequately established

in the private space you need the public space. Therefore this study sought to discuss and analyze different ways in which property can be acquired but which women are being restricted in societies where Islam and tradition are being practiced in extremes.

1.3 Research objectives

General Objectives

To investigate whether Islamic laws and customary laws affect the ability of Islam practicing women to own and control property in the Gambia

Specific Objectives

1. To investigate the trend in property ownership by Islam practicing women in the Gambia

2. To investigate the impact of Islamic laws in influencing Islamic women to own and control property

3. To investigate

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