داب و نەریت بەربەستی بەردەم پێدانی مافی میراتی رەگەزی مێ لە کۆمەڵگای گوندنشینی کوردستان

(توێژینەوەیەکی شیکاری مێژووی یاسا و ئەنتڕۆپۆلۆژیای یاساییە)

Abstract

Abstract

Receiving a share of inheritance is a legal right granted to both men and women under Islamic Sharia. However, in rural Kurdish society, women have often been deprived of this right due to prevailing customs and traditions. The significance of this study from the perspective of legal history and legal anthropology lies in clarifying the role of customary practices in the distribution of inheritance in traditional Kurdish society, in light of the social and economic conditions in several Kurdish villages during the 1960s, with the aim of presenting the founding reasons for the customary barriers to the granting of inheritance rights to women in rural Kurdistan society. Employing analytical, historical, and field methods, and drawing on relevant sources as well as interviews with a number of villagers, the study concludes that the distribution of inheritance was closely tied to two main factors: family structure and the village economic system. Both were shaped by patriarchal culture, whose interwoven elements created structural customary barriers that prevented women from receiving their rightful share of inheritance.

Keywords: inheritance, female gender, patriarchy, custom, rural society.