The legal rights of women refers to the social and human rights of women. One of the first women's rights declarations was the Declaration of Sentiments. The dependent position of women in early law is proved by the evidence of most ancient systems.
Mosaic law
In the Mosaic law, for monetary matters, women's and men's rights were almost exactly equal. A woman was entitled to her own private property, including land, livestock, slaves, and servants. A woman had the right to inherit whatever anyone bequeathed to her as a death gift, and in the absence of sons would receive everything. A woman could likewise bequeath her belongings to others as a death gift. Upon dying intestate, a woman's property would be inherited by her children if she had them, her husband if she was married, or her father if she were single. A woman could sue in court and did not need a male to represent her.
In some situations, women actually had more rights than men. For example, captive women had to be ransomed prior to any male captives. Even though sons inherited property, they had a responsibility to support their mother and sisters from the estate, and had to ensure that both mother and sisters were taken care of prior to their being able to benefit from the inheritance, and if that wiped out the estate, the boys had to supplement their income from elsewhere.
When it came to religious or sacramental activities, women had fewer rights and opportunities than men. For example, in monetary or capital cases women could not serve as witnesses. A woman could not serve as a kohen in the Temple. A woman could not serve as queen regnant, the monarch had to be male. A divorce could be granted only by the husband, upon which time she would receive the Ketubah and the return of a significant portion of her dowry. The religious vow of an unmarried girl was able to be nullified by her father, and the vow of a wife could be annulled by her husband. The guilt or innocence of a wife accused of adultery might be tested through the Sotah process, although this only was successful if the husband was innocent of adultery. Daughters could inherit only in the absence of sons. Daughters who inherited were required to marry within their own tribe, because their property was transferred to their husbands upon marriage.
Mesopotamian law In Ancient Mesopotamia, the legal status of women was related directly to how females were characterized in society. Most mentions of women were in relation to fertility, property, or sex and these laws dictated both the severity of the punishment as well as the way the situation was handled by the community based on the social status of the person in question. The Code of Hammurabi provides evidence that women in these societies had limited rights when it came to divorce, fertility, property, and sex.
A way to examine the legal status of women under The Code of Hammurabi is by looking at the laws pertaining to inheritance. In the absence of a dowry, daughters were to be included in the inheritance after their father's death and have legal rights to collect a portion of moveable goods from the paternal house. Women could inherit assets or money from their father or mother, creating a level of legal equality to men in Mesopotamian society in that the value of their inheritance or dowry belonged to them personally. If a married woman died, her dowry was to be divided amongst her children and not returned to her father. If a man should die who has children that he does not raise or recognize, then his first-ranking wife has a legal right to receive both her dowry and marriage settlement, retain residence in her husband's home, and pass on her own property to her children. There were limits to her legal rights: she was not allowed to sell her deceased husband's home. The slave women in question, along with any of her children, would be freed. If the children the slave women had with the master of the household were recognized by him as his own children, upon his death, the estate would have been divided equally between the children of the slave woman and the first ranking wife. Sources use these legal examples to show that children were not granted more or less money solely based on their mother's societal ranking.
Another way in which the legal status of women in Mesopotamian society can be examined is through their fertility rights, which demonstrates the laws categorizing women based on their social status. If a noble beat a pregnant woman so severely that she miscarried her child, he would be forced to pay restitution. The amount of the compensation was determined by the social status of the expecting mother, ten shekels of silver for the fetus of a noblewoman, five for the fetus of a woman from the commoner class, and two for the fetus of a noble's slave woman.
The legal rights of Mesopotamian women can be further examined through the lens of assault. Men were given punishments for the crimes they committed. The Code of Hammurabi dictated that if a father raped his daughter, he would be banished from the city. The punishment dictated for a man who rapes a virgin bride during the engagement period for which she still lives with her family is much harsher. In this situation, the rapist is executed, and the woman is allowed to go free.
Laws regulating sex were also prominent in Mesopotamian law. Adultery was seen as a crime against the community and its morals. Though the husband was not entitled to any financial compensation or the right to lessen his wife's punishment under the law he could save her from execution. If a wife of another man was caught laying with another man, The Code of Hammurabi states that they should be executed together, unless the husband allows his wife to live in which case the king would also pardon the man she engaged in relations with. If a husband accuses his wife of adultery without catching her in the act, all she must do is swear her innocence in an oath to god. If she is accused by someone who is not her husband under the same circumstances, she must submit to the Divine River ordeal to prove her innocence to her husband.
Though Mesopotamian law allowed a woman to function on her own, the societal norm was to act under the management of a male family member such as a brother, husband, or adult son. Rarely were single women in charge of their own households without a masculine influence.
Egyptian law
In Ancient Egypt, legally, a woman shared the same rights and status as a man – at least, theoretically. An Egyptian woman was entitled to her own private property, which could include land, livestock, slaves and servants, etc. She had the right to inherit whatever anyone bequeathed to her, as well as bequeathing her belongings to others. She could divorce her husband (upon which all possessions belonging to her – including the dowry – were reverted to her sole ownership), and sue in court. A husband can be flogged and/or fined for beating his wife.
When it came to the legal rights of women in ancient Egypt, they seemed to enjoy a variety of more rights than their other ancient female counterparts. On the surface it would be easy to write off saying that females and males had equal rights when looking at the surface level of their rights, but if one were to look at the bigger picture, that image is chipped away. One interesting view into the legal standing of women is the practice of crime and punishment. When looking through the lens of adultery we can see what effects it would have on a woman's legal standing. Adultery was not only looked at as a form of crime that put her property at risk, but also as a moral crime/failing. When men and women committed adultery it was a clear violation of their marriage contracts and other forms of public and personal contacts, such as wills. Depending on the different sources on the topic, a range of different punishments could result if a woman either committed adultery herself or was the woman who was the mistress. One thing that was always up for debate once the adultery was brought against her was the question of her rights being stripped of her. Such rights that are up for debate include her property and rights to her dowry, in certain instances. Who was handing down the punishment could determine how much of her property or dowry could be taken away, which could be determined by a woman's status in society, among other deciding factors. Different sources talk about harsh punishments for both parties involved in an adulterous relationship, with early accounts claiming that if a woman was found guilty, she could have her nose lopped off and a man could receive lashes for such actions.
Most notably, a woman could conduct legal matters without a male to represent her. However, the average woman still centered her time around the home and family. When looking at other facets of marriage and family life in ancient Egypt, women of the time had more of an upper hand than the rest of women from surrounding cultures. The evidence that has survived usually describes the internal affairs of elite marriages and family, which seem to paint an image of greater equality within the family. Within Egyptian culture family traced its lineage through matrilineal descent. This emphasis on women can also be seen in how property rights were passed from mother to daughter. One thing that should be pointed out about this is that even if the property rights were passed through matrilineal descent it did not mean that men relinquished the overall control of the property. Equal status between men and women in marriage in ancient Egypt can also be interpreted in how men and women are pictured in different art forms of being seated together as equals or a female standing behind with an arm around her husband also alluding to a shared power relationship. Certain inscriptions have also been found that depict these power relations as well as listing certain titles elite women could hold Women, unlike their female counterparts in other regions of the world, also enjoyed being in public and could own businesses. They had a right to be able to work outside the home, whether that be alongside their husbands or by owning a business of their own. Inside the home the wife's opinion in matters might reign supreme or have great influence in certain affairs to maintain balance within the home. Their opinion could be voiced when it came to negotiating contracts outside the house, but not always as the main deal broker . A defining piece of an ancient Egyptian marriage which laid out the rights of both parties involved was the marriage contract. The marriage contracts that have been reviewed show that in the case of divorce or even the death of the husband, property and any monetary funds would be bestowed upon her.
A few women became pharaohs (Hatshepsut and Cleopatra), and women held important positions in government and trade. When it came to elite women in ancient Egypt there were few women who made it to the top of the hierarchy: to be a pharaoh. As listed before, the two most well known are Hatshepsut and Cleopatra VII. They held the same types of rights and prestige as their male counterparts, but their rule was not the common way of inheritance of the throne. The rights of women in ancient Egypt overall were seen as greater than that of other women of the time, but they still had restrictions to their power. Whether that be through limiting certain public interactions or family negotiations or even having their rights curtailed because of having an adulterous affair, but in a theoretical sense in the biggest ways that count men and women shared a balanced sort of rights within society.
Hittite law