The Legal Position and Factual Situation of Women Participation to Inheritance in Kosovo

  • LL.M. Egzonis Hajdari
Keywords: Kosovo, Inheritance, Women, Law, Will,


The right to inheritance represents one of the basic human rights. As such this right is regulated by the law. The Law on Inheritance in Kosovo regulates substantially, all the issues related to inheritance. In this context, this Law contains numerous rules that proclaim full equality of women with men to inheritance.

Regardless of equality proclaimed by law practical reality of life indicates a different situation. This reality proves that women participation to inheritance nevertheless is very small. The reasons for this situation are numerous and diverse, but mostly they have to deal with the still existence in people's conscience of many customary rules, which constantly treated women as a subject of second hand. In this article a modest attempt is made to reflect besides legal aspect also the practical situation indicating the degree of women participation to inheritance in Kosovo, in all grades that she may appear as heir.


“The Albanian History II”, Tirana, 1963,

“The History of Albanian People”, Group of authors, Prishtina, 1976,

Aliu Avdulla, “Some words for Ottoman-Mexhele Civil Code” Summary of papers of Law Faculty in Prishtina, Special publication on the occasion of the 25th anniversary of the Faculty of Law, Prishtina, 1986,

Biçoku Nazmi, “Inheritance Law of RPSSH”, Tirana, 1988,

Brestovci Faik, “Civil procedural law”, I, Prishtina, 2006,

Drago Bago “Osnovina slednogprava PP” “To je to”, Sarajevo, 1991,

Elezi Ismet, “The customary law of Labëria in comparative plan”, Tirana, 1994,

Elezi Ismet, “The criminal customary law of Albanians”, Tirana, 1983,

Fuga Juliana, “Heritage“Heritage”, Tirana, 2002,

Gams Andrea, “Introduction to civil law”, Prishtina, 1988,

Gashi Haxhi, Aliu Avdulla, Vokshi Adem, “Commentary-Family Law in Kosovo”, Prishtina, 2012,

Gjerçovi Shtjefën, “Kanun of Lekë Dukagjini”, Tirana, 1999.

Hadri Ali, “The History of Albanian People”, Prishtina, 1976,

Ilija Franjo, “The Kanun of Skënderbeu”, Shkodër, 1993,

Ismajli Hilmi, Sejdiu Fatmir, “History of state and law” I, Prishtina, 2005,

Malcolm Noel, “Kosovo, a brief history”, Tirana, 2001,

Morina Iset, Selim Nikçi, “Commentary-Procedure Law”, Prishtina, 2012,

Nuni Ardian and Hasneziri Luan, “Civil law III (Inheritance)”, Tirana, 2010,

Podvorica Hamdi, “Inheritance Law”, Prishtina, 2010,

Podvorica Hamdi, “Marital law”, Prishtina, 2012,

Rizaj Skënder, “Kosovo during the centuries XV, XI, and XVII”, Prishtina, 1982,

Statovci Ejup, “Some issues about the civil law resources and the regulation of certain civil-legal relations in Socialist Autonomous Province of Kosovo, Përparimi, no. 3; Prishtina, 1976,

Verbani Musli, “Women legacy in Islamic Sharia”,

Codes, laws and other sources

Institution who has published, the Law on Inheritance in Kosovo, No. 2004/26,

Law on amendments and supplements of Law on Inheritance, Official Gazette of Socialist Autonomous Province of Kosovo, no. 28/79,

Law on Inheritance, Official Gazette of Socialist Autonomous Province of Kosovo, no. 43/1974,

Procedure Law of the Republic of Kosovo, No. 03/L-007, 20 November 2008,

Tabular statements of the geodesy directories on the inheritance situation for municipalities: Gjilan, Kamenica, Mitrovica and Vushtrri.

Original Research Articles