Dr Shabana Safdar Khan
The Federal Shariat Court’s (FSC) recent ruling that depriving women of their inheritance rights is un-Islamic marks a significant milestone in Pakistan’s ongoing battle for gender equality. For decades, Pakistani women have faced systematic denial of their rightful inheritance through a combination of coercion, social pressure, and illegal practices, despite clear religious and legal protections. Although Islamic law and Pakistan’s legal framework guarantee inheritance rights for women, deeply entrenched cultural customs and harmful social practices continue to rob them of what is rightfully theirs.
One of the most prevalent and harmful customs is haq bakhshwana, where women are coerced into giving up their inheritance in favor of male relatives, often under duress or social pressure. In many cases, women are married off to their paternal cousins or forced into watta satta marriages—exchanging brides between families in order to keep property within the male lineage. In some extreme cases, women are even symbolically married to the Quran to permanently exclude them from any inheritance rights. These exploitative practices reflect a gross distortion of religious beliefs and values.
Women who dare to assert their rights to inheritance often face severe consequences. They are labeled as greedy or disloyal, accused of breaking family ties, and may be subjected to threats, social ostracism, or even violence. Some women have been disowned or cast out by their families for insisting on claiming their share of property, making the fight for inheritance a painful emotional and social struggle.
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While the law is clear on paper, the implementation of women’s inheritance rights remains a significant challenge. The Muslim Personal Law (1961) guarantees women the right to inherit, while Section 498-A of the Pakistan Penal Code criminalizes the deprivation of women’s property rights. Furthermore, the Enforcement of Women’s Property Rights Act (2020) was passed to help women reclaim their rightful inheritance. Despite these legal protections, weak enforcement, bureaucratic delays, and societal resistance have rendered these laws ineffective.
This is where the FSC’s landmark ruling comes into play. The court’s unequivocal statement on the un-Islamic nature of depriving women of inheritance is a game-changer, setting a legal and moral precedent for gender equality in Pakistan. However, this ruling alone will not bring about the desired change. For real progress to occur, it is crucial for the state to take concrete steps to ensure that these laws are enforced effectively and consistently.
First and foremost, a nationwide awareness campaign should be launched to educate the public about both the religious and legal validity of women’s inheritance rights. Many people continue to view the issue of inheritance as a private family matter, rather than a legal and religious obligation. A comprehensive campaign can help dismantle these misconceptions, empowering women and educating men about the importance of respecting these rights.
Moreover, law enforcement agencies must be sensitized to treat cases of inheritance deprivation as criminal acts, rather than as private family disputes. Too often, these cases are dismissed or downplayed, leaving women without any recourse. Law enforcement officials should be trained to handle inheritance disputes with the seriousness and urgency they deserve. Additionally, the judiciary must take immediate steps to expedite inheritance cases, particularly in areas where cultural practices of deprivation are widespread. The establishment of specialized inheritance tribunals could help to speed up the legal process and ensure that women’s claims are heard and acted upon in a timely manner.
Monitoring inheritance transfers is another critical area that needs attention. Government departments, particularly those overseeing property registration and land distribution, should be tasked with ensuring that women’s inheritance rights are protected at every stage of the transfer process. Special focus should be placed on regions where exploitative customs, such as haq bakhshwana and watta satta, are most prevalent. By closely monitoring these regions, the government can ensure compliance with the law and hold violators accountable.
The FSC’s judgment also invokes the concept of Amr bil Maroof Wa Nahi Anil Munkar—a Quranic injunction that mandates the promotion of good and the prevention of wrongdoing. By highlighting this principle, the court emphasizes that protecting women’s inheritance rights is not just a legal obligation but a moral and religious duty for the state. This is particularly significant because it positions the government as an active participant in safeguarding women’s rights, rather than a passive observer. The state must now step up and play its part by taking responsibility for enforcing these rights and ensuring that violators face appropriate consequences.
While the ruling of the FSC is a positive step forward, it is important to recognize that real change will only come when cultural attitudes toward women’s inheritance rights are shifted. In many parts of Pakistan, deeply ingrained social norms continue to prioritize the interests of male family members, often at the expense of women. These patriarchal values must be challenged through education, awareness, and community engagement. Men, in particular, need to be made aware that respecting women’s rights to inheritance is not just a legal obligation, but a religious and moral imperative.
Furthermore, the role of religious leaders cannot be overstated. In a society where religious beliefs often influence social norms, clerics and imams can play a pivotal role in promoting gender equality and challenging harmful customs. Religious leaders should be encouraged to preach about the importance of women’s inheritance rights and the religious duty to uphold these rights. When the message comes from trusted figures in the community, it can have a profound impact on changing attitudes and behaviors.
Finally, it is crucial that the government demonstrates its commitment to enforcing women’s property rights through concrete action. The FSC’s ruling provides an opportunity for the government to prove that it is serious about addressing gender inequality and protecting women’s rights. This requires not only legal reforms but also the creation of a robust support system for women who seek to claim their inheritance. This support system should include legal aid, counseling, and protection from harassment or violence.
In conclusion, while the FSC’s ruling is a groundbreaking decision for women’s inheritance rights in Pakistan, it is only the first step toward achieving true gender equality. For the ruling to have a lasting impact, it must be accompanied by strong enforcement of the law, a comprehensive public awareness campaign, and a cultural shift toward respecting women’s rights. The government must take immediate action to address the deep-rooted cultural and legal barriers that prevent women from accessing their rightful inheritance. Only through sustained efforts can Pakistan ensure that women’s inheritance rights are respected and protected, paving the way for a more just and equitable society.
