Muslim scholars have warned believers against alienating women when it comes to land ownership.
Speaking during a dialogue organized by Twahirah Islamic Charity Organisation and the Uganda Community Based Association for Women and Children Welfare(UCOBAC) on women’s land rights and Islam, Muslim scholars emphasized that the Quran was clear on ownership of property, women inclusive.
“Islam treasures a woman so much because the first convert was a woman but also the first martyr was a woman called Sumayya. Because of this, Islam gives equal rights to women. It allows they to own property, land inclusive,” Sheikh Abdulkarim Mugendera said during the dialogue.
“A woman can have her own property. It doesn’t end at money or anything but also land is part. If Islam allows woman to participate in trade, land can be part of that she trades in.”
Sheikh Mugendera said in case a woman receives mahr (a mandatory gift or payment given by the groom to the bride upon marriage) in form of land, it should be registered in her name.
“If you give a woman, a piece of land, it should be registered in her own names. Even if she decides to sell that piece of land, you don’t have to ask her why she is doing so since it is hers.”
“Mayimuna, one of the wives to Prophet Muhammad (Peace Be Upon Him) had her property and donated it, but there is no evidence to show that she first asked Prophet Muhammad for permission to give it out. It means even if it was land, she had a right to donate it,” Sheikh Mugendera said.
Sheikh Yusuf Bifamengo said in case of matrimonial property, women have an equal share as men.
“ If you look at land, it is one of the most important rights we have in the country . We previously talked of shelter, food and water as basic rights but we didn’t know land is crucial. Both women and men have equal rights on land,” Sheikh Bifamengo said.
“Women need to be supported in terms of land rights because they contribute 70% in terms of land production in the country. The laws say women can own their own land after buying it or inheriting it. In many cases, when couples buy land and the man dies, the woman is chased away but this is wrong. The woman owns an equal share on matrimonial property, including land.”
Shekhat Zainab Nakabugo told the dialogue that one of the rights that Islam gave to a woman is owning property, including land.
“In Islam, a woman is allowed to own land. If she is given land as her mahr, she determines how to use it without the man stopping her. This means a woman has a right to own property, land inclusive.”
Hajjati Zaitun Kakyama, a relationship coach called for female role models in society.
“There should be role models to show women can be landlords and happily married. In our society, when a woman owns land, she wants to be a single mother. However, a woman can be a big real estate dealer , respected in society but happily married. We need to have these role models in society,” Hajjati Kakyama said.
She said a woman who is empowered with property, land inclusive, is not secure.
“ Ensure your girl child, as it is with boys has her own property . This means even if she gets married, she will have some property of her own. Even if a girl gets married, she should remain with her own land given to her by her dad. Women as your wives, sisters and mothers are not secure without owning land.”
Carol Kayanja, the senior program officer for women’s land and property rights said this initiative is aimed at promoting land rights for women and girls.
“ As a country we have very progressive laws when it comes to land rights that should benefit both women and men but when it comes to implementation, only men benefit. We know that culture and religion play a crucial role in shaping society. We therefore want faith organisations to play a crucial role in advocating for women land rights,” Kayanja said.
“Faith reaches the deep roots of human motivation and plays key role on how to mobilized the society. We are not contesting Islamic religion but rather seek its understanding in regards land rights. We want to see how we can Islamic teachings to promote equality for men and women when it comes to land rights.”