Court rejects cultural barriers in women’s property rights case

The Federal Constitutional Court has issued an important ruling on women’s inheritance rights, declaring that the right of women to inherit property is not granted by the state alone but is a divine law established in the Holy Quran, and must be fully protected under the legal system.

ISLAMABAD: The Federal Constitutional Court has issued an important ruling on women’s inheritance rights, declaring that the right of women to inherit property is not granted by the state alone but is a divine law established in the Holy Quran, and must be fully protected under the legal system.

In a landmark judgment concerning the protection of women’s inheritance rights, the court set aside a decision of the Balochistan High Court and issued detailed directives in favour of the constitutional and religious guarantee of women’s share in inheritance.

The ruling was announced in a case filed by a woman, identified as Bibi Amina, who had challenged the denial of her share in her family’s property. She had alleged that her brothers were not providing her rightful portion of the inheritance.

The court observed that in many cases within society, women are deprived of their inheritance rights due to social pressure, manipulation, or fraudulent practices. It noted with concern that such practices remain widespread despite clear legal and religious provisions.

The judgment stated that it is the responsibility of the courts to carefully examine inheritance-related disputes involving women and ensure that no regional customs, traditions, or family arrangements can override their legal and religious rights.

The court further emphasized that denying women their rightful share in inheritance is not only a violation of national law but also contrary to the commandments of Allah as laid down in the Holy Quran. It reiterated that inheritance rights are clearly defined and must be implemented without discrimination.

As part of its decision, the court directed that all properties belonging to the applicant’s parents be presented before the relevant civil court for determination of shares. It ordered the civil court to decide the distribution of inheritance strictly in accordance with constitutional and legal provisions.

The ruling clarified that the civil court will assess all assets and determine each heir’s share based on law, ensuring transparency and fairness in the process.

Legal experts view the judgment as a significant reinforcement of women’s property rights, particularly in cases where informal pressures or customary practices prevent rightful ownership. The decision is expected to have broader implications for similar inheritance disputes across the country.

The case highlights the ongoing challenge of enforcing women’s inheritance rights in practice, despite strong legal and religious safeguards in Pakistan’s legal framework.