Communal inheritance laws and the waqf in British India

Communal Inheritance Laws and the Waqf in British India:

Hindus and Muslims both used the waqf(charitable trust) in British India.  However, the usage of this institution differed between both groups: the Hindus used it as a means to preserve religious institutions whereas the Muslims utilized it as a means to circumvent the Islamic laws of inheritance.   The difference in the usage of the waqf stems from differences in inheritance laws of the Hindus and Muslims. Hindu inheritance law allowed heirs to hold the inheritance collectively whereas Islamic inheritance laws increased capital fragmentation.  This paper will examine court records and present quantitative data gathered from four Indian High Courts to demonstrate that the differences in inheritance laws led to the differing usage of the waqf between Hindus and Muslims.  This paper will also examine the different impact the waqf had on the Hindu and Muslim women: the former’s claims to inheritance were not affected  dramatically by the existence of waqfs whereas the latter lost access to their inheritable shares.  Case studies of such cases will be presented.