Inheritance rights

Published March 21, 2025

THE Federal Shariat Court’s ruling that it is un-Islamic to deprive a woman of her right to inheritance is a watershed moment in Pakistan’s struggle for gender equality. For generations, women across the country have been systematically denied what is rightfully theirs, through coercion, social pressure and outright criminality. Although clear religious injunctions, as well as legal protections exist, numerous exploitative customs rob women of their share in property. The most common of these is haq bakhshwana, where women are forced to sign away their inheritance in favour of male relatives. In order to keep the property within the family, many women are married to their paternal cousins or forced into exchange marriages (watta satta). In extreme cases, women are symbolically ‘married’ to the Quran to permanently exclude them from any inheritance — an appalling distortion of religious beliefs. Women who insist on claiming their inheritance face threats, social stigma, or even violence. They may be labelled as greedy or disloyal and accused of breaking family ties. Some families sever ties with daughters or sisters who demand their share, making it an emotionally and socially costly battle.

The law, in theory, is clear. The Muslim Personal Law (1961) guarantees women their inheritance, and Section 498-A of the Pakistan Penal Code criminalises depriving women of their property rights. Additionally, the Enforcement of Women’s Property Rights Act (2020) was passed to facilitate women in reclaiming their inheritance. Yet, these legal provisions remain largely ineffective due to weak enforcement, judicial delays, and cultural resistance. Now, with the FSC’s unequivocal ruling, the state must take concrete steps to enforce these laws. A comprehensive awareness campaign should educate citizens about both the religious validity and legal protection of women’s inheritance rights. Law-enforcement agencies must be sensitised to treat instances of inheritance deprivation as criminal cases, rather than private family disputes. The judiciary should establish specialised tribunals to expedite inheritance cases. Government departments should monitor inheritance transfers, especially in areas where exploitative customs are prevalent, to ensure compliance with the law. The FSC’s judgement invoking “Amr bil Maroof Wa Nahi Anil Munkar” (enjoining good and forbidding wrong) as a state duty under the Enforcement of Sharia Act is particularly significant. It places responsibility on government institutions to actively protect women’s rights rather than remain passive observers.

Published in Dawn, March 21st, 2025

Opinion

Trouble at home

Trouble at home

The country’s strength lies in its political and economic stability, not in fleeting moments of diplomatic success.

Editorial

Pezeshkian’s visit
Updated 24 Jun, 2026

Pezeshkian’s visit

Perhaps a good place to start would be the resumption of work on the Iran-Pakistan gas pipeline.
Telecom bill
24 Jun, 2026

Telecom bill

THERE is now no question about it: the Pakistan Telecommunication (Re-organisation) (Amendment) Bill of 2026 is a...
Updating Islamabad
24 Jun, 2026

Updating Islamabad

ISLAMABAD is growing rapidly. Its planning, however, remains stuck in bureaucratic limbo. Despite years of ...
Unsustainable growth
Updated 23 Jun, 2026

Unsustainable growth

CLICHÉS are an essential part of political rhetoric. But when repeated often, they lose their impact. So when...
Banned speeches
23 Jun, 2026

Banned speeches

NATIONAL Assembly Speaker Ayaz Sadiq on Sunday formally lifted long-standing restrictions on the airing of ...
New GB government
23 Jun, 2026

New GB government

WITH the newly elected lawmakers of the Gilgit-Baltistan Assembly taking oath on Monday, the PPP looks set to head...