The Federal Shariat Court (FSC) of Pakistan has issued a landmark ruling, declaring that any customs or practices that deprive women of their rightful inheritance are un-Islamic and legally invalid. The decision reinforces women’s property rights as granted under Islamic law and aims to put an end to discriminatory traditions that continue in some parts of the country.
Background of the Case
The court was responding to a petition that highlighted the “Chaddar” or “Parchi” custom in Bannu District, Khyber-Pakhtunkhwa. Under this practice, women are often forced to surrender their inheritance claims, either through local jirgas (tribal councils) or by accepting compensation in the form of less valuable property. In some cases, women are completely deprived of their rightful share in family wealth.
The petition argued that such customs directly contradict Islamic teachings and Pakistan’s constitutional protections for women’s rights. The court took up the matter to ensure that women’s inheritance rights are safeguarded as per the principles of the Quran and Sunnah.
Court’s Ruling and Observations
The FSC ruled that depriving women of their inheritance is not only un-Islamic but also a social crime. It emphasized that the Quran clearly defines the share of women in inheritance, and no societal practice or local tradition can override divine law. The court also warned that the failure to uphold these rights contributes to systemic gender inequality and economic hardships for women.
Additionally, the ruling directed government authorities, including the Human Rights Commission of Pakistan and provincial revenue departments, to take proactive measures to enforce women’s inheritance rights. The court urged district administrations to spread awareness about the issue and ensure that no woman is denied her due share in property.
Legal Implications and Punishments
The court highlighted that Section 498-A of the Pakistan Penal Code (PPC) already criminalizes the wrongful deprivation of inheritance rights. Under this law, those found guilty of depriving women of their inheritance can face fines and imprisonment. However, the implementation of this law has been weak due to cultural resistance and lack of awareness.
The FSC’s ruling has now put additional pressure on law enforcement agencies to take strict action against offenders. The court also encouraged women to report any violations of their inheritance rights to the relevant authorities and assured that the legal system would protect them.
Challenges and Way Forward
Despite this ruling, ensuring women receive their rightful inheritance remains a challenge. In many parts of Pakistan, particularly in rural areas, cultural norms and patriarchal traditions still dominate legal frameworks. Families often discourage women from claiming their share, pressuring them to forfeit their inheritance to male relatives. Some women are married off within the family to keep wealth within the lineage, further limiting their economic independence.
To address these challenges, legal experts and women’s rights activists have called for:
- Strict enforcement of inheritance laws by local authorities.
- Public awareness campaigns to educate communities about women’s rights under Islamic law.
- Legal aid services to help women file inheritance claims.
- Punitive measures against those using intimidation or coercion to deny women their property rights.
Conclusion
The FSC’s ruling marks an important step toward gender justice in Pakistan, reaffirming that no tradition or custom can override the rights granted by Islamic teachings. While the decision sets a strong legal precedent, the real challenge lies in its implementation. The government, religious scholars, and civil society must work together to ensure that Pakistani women receive their rightful inheritance and are empowered economically.
