A Gender Transformative Approach
ILC's collaboration with Sheffield University gives students the opportunity to get to know ILC members and gives ILC the advantage of ‘’fresh eyes’’ to examine ILC work areas. In 2024, the Gender Justice team hosted Ipek Su Durmaz and Wan-Sin Tsao. They explored gender perspectives in the land sector in Jordan and Uganda, through dedicated interviews with key informants and regional experts from ILC's membership. In this post, Ipek Su Durmaz explores the fight for women's land rights in Jordan, through the lens of the interviews she's conducted.
In Jordan, women's access to land has long been restricted by patriarchal customs, legal misconceptions, and social pressures. These obstacles continue to prevent women from fully realising their rights, despite Jordanian law's formal guarantees. Practical implementation of legal frameworks remains inadequate, leaving women vulnerable to gender inequalities in land ownership and control.
A representative from UN-Habitat emphasised how ingrained patriarchal social norms often force women to give up their inheritance rights in favour of male relatives. According to them,
"Land is often considered a male matter, and women are expected to relinquish their rights when they marry, as land would then pass to the husband's family."
Responding to pressures to maintain family harmony, women voluntarily renounce their inheritance through a practice known as takharruj. An ILC interviewee explained,
"Women often feel that supporting their male relatives is more valuable than land."
This leads women into economic dependence on male family members.
Misinterpretation of Religious Principles
Another significant barrier to women's land rights in Jordan is the misinterpretation of Islamic principles regarding inheritance. An interviewee explained,
“Religiously, women have rights to own property, including land, according to Islamic frameworks. However, misinterpretation of Islamic principles often leads to cultural norms acting as if they were based on Islamic principles.”
The Impact of Legal Reforms
Despite legal reforms in Jordan’s land governance system, women have not always benefitted. For instance, the 2019 Real Estate Ownership Law reclassified Miri land as Mulk land, subject to Sharia law, which favours male heirs. This shift has disproportionately harmed women, especially in rural areas where land is crucial to their economic well-being. One interviewee pointed out,
“Now with this change, women lose their legal rights for an equal share of the land they inherited from their descendants. Women in the tribe, for example, have lost their right of wood collecting or medicinal herbs collecting, which is important for their economy and for the well-being of the family.”
Gender-Transformative Approaches: A Path Forward
Addressing these entrenched challenges requires adopting gender-transformative approaches (GTAs). These strategies go beyond legal reforms: GTAs seek to dismantle patriarchal structures and promote gender equality by reshaping societal norms and involving both men and women in the process.
Capacity building in land administration and dispute resolution is a key element of GTAs in Jordan. As one interviewee noted,
“Developing the capacities of those in land administration and raising awareness among women and men about the benefits of women’s land rights are key steps towards gender transformation."
Strengthening legal literacy and empowering local organisations can help women assert their land rights and navigate complex legal systems. Inclusive land administration is essential to ensuring that legal reforms translate into real change.
Challenging Patriarchal Norms
A core component of gender-transformative strategies is actively challenging patriarchal norms that define land as a male domain, reflection and dialogue within households and communitiesEngaging men as allies is crucial for this transformation. In Jordan, where women often give up their land rights due to societal pressure, shifting perceptions of women’s roles in land ownership is vital. As one interviewee said,
“Engaging men is crucial for achieving gender equality. These are the people who can co-host women empowerment initiatives, advocating for gender equality and also modelling respectful behaviours in the community.”
Implementing Gender-Responsive Tools
In addition to challenging societal norms, practical tools can be implemented. One such tool is the Social Tenure Domain Model (STDM), which documents 'people-to-land' relationships and issues certificates of land occupancy, providing an inclusive framework for recognising women's informal land claims. As a UN-Habitat professional highlighted,
“We develop and implement gender-responsive land tools like the Social Tenure Domain Model, which records people-to-land relationships and issues certificates of land occupancy.”
A Call to Action
Women’s land rights in Jordan remain entangled in cultural, legal, and social complexities. While legal reforms are necessary, they are insufficient on their own. A comprehensive approach is needed to address the structural power imbalances perpetuating gender inequality. Gender-transformative strategies, which challenge societal norms and promote inclusivity in land governance, offer a promising way forward.
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