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