The Supreme Court has ruled that tribal customs and jirga decisions cannot override the inheritance rights granted to women under Islamic law, declaring that any tradition depriving women of their lawful share in inherited property is illegal.
In a detailed 10-page judgement authored by Justice Irfan Saadat Khan, the apex court upheld a decision of the Balochistan High Court in a long-running inheritance dispute concerning the ancestral property of Mitha Khan, who died in 1938.
The court observed that jirgas have no authority to abolish or curtail the inheritance rights of legal heirs guaranteed under the Holy Quran and Sunnah. It held that depriving daughters of their lawful inheritance constitutes a violation of both Sharia and the laws of Pakistan.
The Supreme Court ruled that inherited property must be distributed strictly in accordance with the Islamic law of inheritance, stressing that there can be no compromise on women's inheritance rights.
The judgement also clarified that entries in revenue records are not conclusive proof of ownership and cannot validate a fraudulent transfer of property.
"The entire structure built upon a fraudulent transfer collapses," the court observed, emphasising that unlawful transactions cannot create valid ownership rights.
The case arose from competing claims over the ancestral land of Mitha Khan, who passed away in 1938. Other heirs had claimed ownership of the property, but the Supreme Court rejected the claims of heirs other than the grandchildren.
Upholding the Balochistan High Court's verdict, the apex court ruled in favour of Mitha Khan's grandchildren, reaffirming that inheritance disputes must be decided strictly in accordance with Islamic principles and the law.