Federal Constitutional Court backs women’s inheritance rights, overturns BHC decision

The Federal Constitutional Court (FCC) on Wednesday issued a ruling aimed at strengthening the protection of women’s inheritance rights, declaring that such rights are firmly established under both Islamic principles and constitutional law.

Hearing a case filed by a woman from Balochistan, identified as Bibi Amina, the court ruled that inheritance rights for women are not merely a matter of state legislation but are also explicitly enshrined in the teachings of Islam.

In its detailed judgement, the court observed that the right to inheritance is clearly outlined in the Holy Quran and emphasized that denying women their rightful share is contrary to both religious injunctions and the law of the country.

The court noted with concern that there is a persistent social trend in which women are deprived of inheritance through pressure, manipulation or fraudulent practices. It questioned whether women are being systematically denied their rights due to societal customs and undue influence.

The ruling stressed that courts have a duty to closely examine inheritance-related disputes involving women and ensure that no regional custom, tradition or family arrangement can override their legal entitlement.

“No tradition or family system can take away the inheritance rights of women,” the judgment stated, adding that failure to provide women their due share constitutes a violation of both constitutional provisions and divine commands.

The Federal Constitutional Court also declared the earlier decision of the Balochistan High Court null and void.

It directed that all properties belonging to the petitioner’s parents be presented before the relevant civil court, which must determine the rightful shares of inheritance in accordance with constitutional and legal principles.

The civil court has been instructed to ensure proper distribution of property among legal heirs after a fair and lawful assessment.

The case was initiated after Bibi Amina alleged that her brothers had denied her share in the family’s entire property, prompting her to seek legal remedy through the courts.

The judgement is being seen as an important reaffirmation of women’s inheritance rights and a strong message against discriminatory practices in society.