Culture of depriving women of inheritance must end
Amna Nasir Jamal
Surah Nisa's verses 7, 11, 12, and 14 address the topic of women's inheritance and instruct Muslims to give each eligible lawful heir of a deceased person their fair portion of inheritance.
In Pakistan women are typically excluded from inheritance. The higher courts have emphasized the need of applying the law strictly and noted that procedural flaws and legal technicalities, such as the concepts of "res judicata," "estoppel," and "adverse possession," may not deny a woman her right to inherit.
There are series of cases regarding depriving women of their right to inheritance from their ancestral property, (as granted by Holy Quran and Sunnah) pending before various courts of Pakistan irrespective of an important duty of the state under the Act X of 1991 (Enforcement of Shari’ah Act, 1991).
The observation was made on November 15 in a strongly worded verdict written by Justice Athar Minallah for a case he and Justice Irfan Saadat Khan heard on August 29. The ruling emphasized both Islamic injunctions and constitutional guarantees.
The order declared: “It is incumbent upon the state under the Constitution and the clear Injunctions of Islam to ensure the effective and unfettered realisation of women’s right to inheritance.”
According to the Supreme Court, any interference with inheritance rights is a violation of divine will since they are "not a concession granted by human law but a divinely ordained command." It said that these social customs are "remnants of ignorance which Islam came to abolish."
Order further said: Additionally, anyone who deny women this divinely granted right through compulsion, dishonesty, or undue influence must be held legally responsible. A society that ignores the denial of women's inheritance rights violates both the plain command of Almighty Allah and the spirit of the Constitution. Protecting a country's most vulnerable citizens is what makes it strong. A state's obligation to uphold the values of justice, equity, and faith is violated if it does not protect women's inheritance rights.
“Furthermore, those who, through coercion, deceit, or undue influence, deprive women of this divinely bestowed right must be held accountable under the law and made answerable.”
“A society that turns a blind eye to deprivation of inheritance rights to its women defies the spirit of Constitution and Command of Almighty Allah,” the ruling stated. “A state that fails to safeguard the inheritance rights to its women fails in its duty to uphold the principles of equity, faith and justice.”
The State has a sacred constitutional obligation to eradicate such practices by making sure that every woman is aware of her due inheritance share and is empowered to claim it without delay, fear, or the need for protracted legal proceedings. It must create a proactive and easily accessible system for identifying, contacting, and supporting women in obtaining their legal rights. The judgment emphasized it is incumbent upon the State under the Constitution and the clear injunctions of Islam, to ensure the effective and unfettered realization of women’s right to inheritance.
Following a thorough analysis of the teachings of the Quran, the customs of the Holy Prophet (PBUH), and the principles of sharia, the Federal Shariat Court on March 20 ruled that every legal heir, male or female, is entitled to inheritance, which is a divine right that cannot be restricted, either directly or indirectly. It is against public policy and a social ill to deny lawful heirs, especially women, their inheritance.
This right is a divinely mandated directive that is clearly stated in the Holy Quran rather than a concession made by human law. Therefore, any denial or blockage of this right is a violation of Divine Will in addition to being illegal. Cultural or societal customs that deny women their legitimate inheritance have nothing to do with justice or faith; rather, they are relics of ignorance that the teachings of Islam were intended to eradicate.
An amendment to the Pakistan Penal Code (S. 498C) falling within the scope of ‘Amr bil Maroof Wa Nahi Anil Munkar’ [Enjoining the right/honourable and forbidding the wrong/dishonourable] strengthened the enforcement of the law by penalizing those who deny inheritance to women through illegal or deceitful means: “Prohibition of depriving woman from inheriting property” is applicable whoever by deceitful or illegal means deprives any woman from inheriting any movable or immovable property at the time of opening of succession shall be punished with imprisonment for either description for a term which may extend to ten years but not be less than five years or with a fine of one million rupees or both.
The decision is revolutionary since Pakistani women have always been denied the ability to inherit, frequently due to deeply ingrained traditions and patriarchal standards. The right of women to inherit privilege was granted fourteen centuries ago was genuinely unmatched as Western society women were not granted any such rights or benefits.
Reforms to streamline the legal system would be beneficial in the long run, but they were not a practical option due to their political impracticality. In a similar vein, political meddling in legal problems made it appear unlikely that the judiciary and courts would actively participate in handling inheritance-related situations that could ultimately lead to better results.