A Long History of Deprivation: Iraqi Women Denied Their Inheritance Rights Voluntarily or Otherwise

Khadija Ahmed (79 years old) is the last surviving member of her wealthy family, which consisted of her parents and six siblings, three of whom were male. However, she did not receive any of the movable or immovable assets from her father’s estate, which was based on vast lands and properties in Duhok Governorate. These assets were divided among her brothers and later among their male descendants only.

Her father was a tribal leader whose influence extended over a large area on the border between Iraq and Turkey in northern Duhok. The tradition of not passing on lands or even providing financial compensation to women prevented Khadija and her deceased elder sister from receiving any part of the family inheritance.

According to the same tradition, Khadija did not file a complaint with the court to claim her rights, stating that it was “a great shame for our family for a woman to take legal action against her own relatives.”

Khadija says, “I know that my right to my father’s inheritance is sanctioned by God, and I have often discussed it with my children. But my mother and grandmothers did not receive their inheritance, so I am no better than them.”

Prevalent Traditions and Gender Disparities in Inheritance Rights in Iraqi Society

Attorney Mohamed Ahmed Younis confirms that a few women, who act against prevailing norms due to pressure from their husbands or children, can obtain their inheritance rights through legal means by addressing property disputes. However, he notes that this often leads to significant family and tribal conflicts, sometimes resulting in mere “family estrangement.”

Younis provides several examples of how women are deprived of their inheritance rights in Iraqi society. He describes cases where the deceased transfers their assets to their male children during their lifetime or where females are forced to relinquish their inheritance rights after the death of the deceased. Women may remain co-owners on paper but do not receive any benefits, while their male siblings exploit or sell the property.

The root cause of this denial of inheritance rights to women, particularly in real estate, is attributed to the reluctance of families or tribes to allow outsiders (represented by the husbands of their daughters) to become owners of their lands or to risk selling it to strangers. This is part of a broader tribal and familial custom that generally avoids marrying daughters to outsiders and prefers alliances within the family or clan. Younis notes that this custom has also become prevalent in cities over the past thirty years due to widespread migration from rural areas to urban centers caused by agricultural decline due to drought or deteriorating security and economic conditions.

Dr. Wadi Ghanem, a social researcher, considers the denial of inheritance rights to women as one of the most taboo social issues. He argues that society avoids exposing such issues and does not acknowledge their existence, akin to other forms of gender-based discrimination and abuse of male authority. This, he says, is a contradiction to the religious ideals promoted by a society that appears religious on the surface, enforcing many restrictions on women while simultaneously denying them the rights granted by the same religious laws.

Attorney Manal Mahmoud, a specialist in family law, argues that withholding inheritance from women contradicts the predominantly religious nature of the society. Islam, the official religion of the country, clearly defines women’s inheritance rights, even granting them a larger share in certain cases, such as a single daughter with grandparents or a widow with children. This approach ensures the swift distribution of inheritance and prevents the enrichment of some family members at the expense of others.

Mahmoud explains that Iraqi inheritance laws, which are primarily based on Islamic Sharia, define three key components of inheritance: the deceased (the one who has passed away), the heir (any living person related to the deceased by reason or kinship), and the inherited assets, which include both real estate and movable properties. The Iraqi Personal Status Law No. 188 of 1959 stipulates that women, regardless of their role—whether daughter, wife, mother, grandmother, sister, aunt, or cousin—inherit different shares according to their relationship with the deceased.

Deep-Rooted Historical Disparities

Social researcher Rana Mohsen points out that the denial of women’s rights to land inheritance has deep historical roots and is not limited to Arabs but has also been practiced among various ethnic groups and sects, including Kurds and Turkmens. She notes that female infanticide and deprivation of inheritance were common among Arabs before Islam, though both practices were prohibited by the religion. However, many still cling to the old customs where women are considered property akin to inheritance. Once a woman marries, she is viewed as transferring her ownership to her husband, and her family is relieved of responsibility. Thus, inheritance is considered a family asset, primarily for males, and women are not allowed to claim it.

Mohsen accuses the general Iraqi family structure of gender discrimination, where males are given priority, their needs are met, and they can stay in the family home as long as they wish. In contrast, daughters leave their family home upon marriage, and if they divorce or become widows, many families refuse to care for their children, considering them as belonging to someone outside the family lineage.

She adds that most fathers transfer their real estate assets to their male children during their lifetime, and upon their death, the inheritance usually consists of non-real estate items, such as household furnishings or vehicles.

Protecting Tribal Interests

A tribal chief from Dhi Qar Province, who requested anonymity, prefers to describe the situation not as “inheritance deprivation” but as “protecting the tribe’s or family’s superior interests.” He explains that tribes, with their extensive family networks, have a strong attachment to land as it represents their historical presence. Hence, there is a preference to keep land within the tribe and family, avoiding having the names of women, who might come from other tribes, as landowners.

Nevertheless, the chief does not oppose granting women their inheritance rights in general. He suggests that women could be compensated with the value of their share in land or property, and also receive other forms of inheritance, such as jewelry, household items, vehicles, or agricultural produce, or rent from property.

He acknowledges that maintaining land ownership within the family, particularly among males, is a deeply entrenched custom that has been in place for centuries. However, he notes that recent decades have seen some changes due to the rise of women’s rights advocates, social openness to Western ideas, laws promoting women’s economic freedom, and the impact of wars in Iraq, which have resulted in many widows taking on family responsibilities.

Tradition and Religion Clash Over Inheritance Rights

Sheikh Abdul Jabbar Abdul Rahman from Baghdad emphasizes that Islamic law guarantees women their inheritance rights, whether in real estate or other forms. If a father or mother dies and they owned property, the daughter is entitled to her share, and anyone who forcibly takes it from her is considered a usurper and unlawfully consuming others’ property.

He highlights the term “coercion,” stating: “There is no problem if the woman willingly renounces her inheritance rights, but this must be under conditions such as being in her family’s care with all her needs met and not being married while suffering from extreme poverty. Renouncing her rights in such a case would harm her and her family. The Islamic principle says: ‘No harm and no reciprocating harm.'”

Sheikh Abdul Rahman argues that voluntary renunciation of real estate inheritance is a trick many families and tribes use to present themselves as compliant with religious law or the legal system derived from religion concerning inheritance. In reality, most cases of renunciation are done under direct or indirect coercion.

This was the case with (K.B.) and her four sisters, who were denied their inheritance of orchards and agricultural land totaling more than ten dunams in northeastern Duhok. Their father, a religious figure, asked them to renounce their rights to the land and accept the prevailing local custom where “women have no rights” except for property in urban areas.

The woman in her forties, a housewife and mother of five, and her sisters are struggling with difficult economic conditions. She does not see her father’s actions as problematic, even if they contravene religious principles. She believes it is an accepted norm among the tribes in Duhok that daughters do not inherit land, and discussing this could lead to conflicts that would not only sever family ties but could also escalate into long-standing enmities, some of which might involve armed clashes.

During the summer and autumn, (K.B.) receives some food items and fruits from her brothers’ orchards, but “nothing more,” she says with a smile.

The Law Protects, But…

Judge Salem Rawdan Al-Moussawi denies the possibility of circumventing the law to deprive women of their inheritance rights, as these rights are protected under the Personal Status Law No. 188 of 1959, which he says regulates inheritance and those entitled to it.

He points out that Article 89 of this law specifies women’s rights:

Parents and children, with sons receiving a share equivalent to twice that of daughters.

Grandparents, siblings, and their descendants.

Uncles, aunts, cousins, and other relatives.

Full sisters are considered equivalent to full brothers in terms of inheritance rights.

Article 91 of the same law grants additional rights to certain heirs, including the wife upon her husband’s death and a single daughter who has no siblings. Judge Al-Moussawi considers this a significant development in ensuring fairness for women in inheritance, as it “adopts the best practices from Islamic jurisprudence and all Islamic sects, rather than sticking to a single sect.”

The article states:

The husband is entitled to one-fourth of his deceased wife’s estate if there are children, and one-half if there are none. The wife is entitled to one-eighth if there are children and one-quarter if there are none.

The daughter or daughters, in the absence of a son, are entitled to what remains of the estate after the parents and surviving spouse have taken their shares. They inherit the entire estate if there are no other heirs.

Judge Al-Moussawi notes that these provisions have established women’s inheritance rights. However, he explains that the procedure for claiming these rights is outlined in Article 310 of the Civil Procedure Code No. 83 of 1969, as amended. This article explains the process for obtaining a legal division of the estate, which involves requesting a probate division that distributes the estate to the rightful heirs. The request can be made by any heir, including women such as daughters, wives, or mothers, and should be submitted to the Personal Status Court for Muslims or the Personal Status Court for non-Muslims.

According to Judge Salem, he does not believe there are problems regarding women’s entitlement to inheritance under Iraqi law, which, in his view, cannot be changed or manipulated by citizens.

He adds: “Problems arise when issuing probate divisions. Some heirs might present a copy of the deceased’s civil registration that omits the names of daughters, wives, or sisters, resulting in a probate division that excludes them.”

Such issues are addressed by the excluded individuals filing a lawsuit for “probate correction,” through which they can reclaim their rightful share. Judge Al-Moussawi notes that this problem is now less common because courts rely on civil registration documents provided by their staff, reducing the possibility of name manipulation.

He confirms that Personal Status Courts are overwhelmed with cases related to the issues mentioned, which are not limited to excluding females but also involve excluding males. Consequently, the Supreme Judicial Council has worked to address these issues by using electronic means to communicate with civil registration departments, ensuring that courts receive accurate records of heirs.

Judge Salem continues: “In my years working in Personal Status Courts, I have encountered many such cases. After verifying the claims of excluded daughters, I have corrected probate divisions and restored their rights. There is no court in Iraq that has not dealt with such cases, as most probate divisions issued in the past relied on neighborhood chief endorsements and witness statements, which are susceptible to falsification and exclusion of heirs.”

The investigator examined a decision issued by the Personal Status Court in Kadhimiyah in 2023 regarding an objection to correcting a probate division. According to the lawsuit, the objector inherited a residential property from his uncle (the deceased being his father’s brother), and both the objector’s mother and the objector’s opponent’s father had died before the parties to the objection.

The decision’s rationale indicates that Iraqi law relies on an expert in inheritance according to Islamic law to provide guidance on dividing the estate. There is no room for manipulation of women’s rights, except in ways that contradict religious or legal texts derived from religion. There is no dispute between Shia and Sunni Islamic sects on this matter, as “the boundaries of the estate are specified by the Quran,” according to Islamic jurisprudence experts.

Attorney Dilovan Hassan notes that it is not possible to provide approximate numbers regarding those deprived of inheritance or the lawsuits filed in this area. However, he estimates that there are tens of thousands of cases of inheritance deprivation.

Attorney Hassan, who is concerned with women’s empowerment issues, warns that “inheritance deprivation has negatively impacted women’s economic potential and empowerment opportunities, effectively reinforcing male authority. As a result, men own the land, property, and buildings, while women remain marginalized.”

Male Dominance in Society 

Sara Jassim, a human rights activist, confirms that there are thousands of Iraqi women who are “deprived and are being deprived of their inheritance, either through coercion under threat, through violence against them, or through forgery. Many have been killed, and this has been recorded as honor crimes to cover up the theft of their inheritance,” as she puts it. 

She states that Iraqi tribes can sacrifice one of their sons and push him to kill those who demand their inheritance from females in front of the courts. “I know many stories about this, and they are familiar and known among people, which makes women renounce their inheritance out of fear for their lives.” 

The vast majority of families are dominated by the idea that a woman has no right to her parents’ inheritance “on the grounds that she is married, and the inheritance will go to benefit a strange man.” 

Women’s rights activists hold judicial and governmental bodies responsible for what they describe as violations against women, pointing out that the “Domestic Violence Law,” which has been stalled in Parliament for years, if passed, would empower women to confront the violence practiced against them by their brothers or sons, thus reducing the likelihood of them being deprived of their inheritance rights. 

Sara sees that Iraqi society is “male-dominated and oppressive towards women, looking down upon women who file for partition to obtain their rights, especially married women, who are then disowned or retaliated against.”

No choice but obedience

the investigators obtained a copy of a decision issued by the Personal Status Court in Al-Rusafa/Baghdad months ago. The details of the case indicate that the same court had issued a legal division related to the death of the plaintiffs’ mother without mentioning the daughter’s names as her heirs. They requested to correct the division in order to file a lawsuit for the removal of common ownership and obtain their rights later in another lawsuit. The court’s decision indicated that the division indeed only mentioned the names of the male children as well as the deceased’s husband. Based on legal precedents and Islamic jurisprudence, the court found that the plaintiffs had the right to claim their rights in the deceased’s estate. These decisions show that the judiciary upholds women’s rights when they demand their rights guaranteed by legal texts, as well as by religious legislation that the judiciary usually resorts to in inheritance matters. However, through research over several weeks in the files of various courts in the country, we found limited cases of women resorting to the judiciary, mostly due to fear of the consequences, which is clearly evident in many stories of those deprived of inheritance.

During the investigation preparation, we came across many video clips published on social media featuring desperate women sharing details about their stories of being deprived of inheritance and complaining about the law not restoring their rights.

Rasha (a pseudonym) is a 45-year-old woman from Diwaniya, with four brothers and three sisters. Their mother passed away at the beginning of 2020, leaving behind an orchard and two residential houses. Their father gathered them and informed them of his decision that the sisters should waive their shares of their mother’s inheritance to their brothers, and that he would also do the same with his share, in addition to what he owns in real estate during his lifetime, to avoid any problems among the siblings after his death.

She says, looking at the ground, “We did it; we cannot refuse. My sisters are married, and their living in hard conditions. They needed our mother’s inheritance to live with their children in dignity. As for me, I am unmarried, and I will continue to serve my parents and my brothers’ children until the day I die.”

She recalled that she talked to her father one evening hesitantly: “Is the decision to deprive us of our mother’s inheritance fair? You know my sisters’ difficult circumstances; the eldest has a disabled son, the middle one lives in a single room with her husband and their five children in her husband’s family house, and the youngest has an unemployed husband and lives on charity with her children. As for me, I am unmarried. What will happen to me after your death, may you live long?”

Her father replied, “I am not responsible for your married sisters; their husbands should take care of them. As for you, your husband will take the responsibility after my death, or one of your brothers, for I have raised men.”

The investigation was carried out by the “Nirij” network as part of a Qarib project.