Fatiha Talahite from France argued that on the base of the Maghrib countries, the adaptation of property rights for more justice and equity to women in the Muslim world, is blocked by an institutional framework inherited from colonization, split between “conventional” rights and personal status. In this dichotomous framework, while the conception of the property right falls under the civil code and reproduces the Western model, the gendered property rights, especially in inheritance, are fixed by a personal status code which appears archaic and outdated. To reconcile these two opposite parts of the law, some claim the generalization of Shari’a to the entire body of law, while others, on the contrary, advocate “modernizing” the personal status code, separating it from religion. Fatiha proposes to open a reflection on the property right itself, relying both on contemporary criticisms of conventional model – in particular, the Theory of Commons – and on the ethical approach to Islamic Economics and Finance challenging the neutrality and universality of Western economic thought.

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