The Federal Shariat Court’s decision that depriving a woman of the right to inheritance is non -Islamic, a water shed moment to Pakistan’s struggle for gender equality. From generations, women from all over the country through force, social pressure and sheer crime, what is the matter. Although there are clear religious orders, as well as legal reservations, many exploitation rituals take part in the property to women. The most common right of these is a poem, where women are forced to sign their heritage in favor of male relatives. Manyy, many women are married to their hidden cousins or forced to marry exchanges (Wata Satta) to keep the property inside the family. In extreme cases, women are symbolically ‘married’ from the Quran to permanently exclude them from any inheritance – a terrible distortion of religious beliefs. Women who insist on claiming their inheritance face risks, social notoriety, or even violence. They may be labeled greed or unfaithful and are accused of breaking family relations. Some families cut ties with daughters or sisters who demand their shares, and make it emotionally and socially expensive.
The theory, the law is clear. Muslim Personal Law (1961) guarantees their inheritance to women, and Pakistan guilty to Section 498-A of the Code of Conduct to deprive women of their property rights. In addition, the implementation of the Women’s Property Rights Act (2020) was approved to facilitate women in claiming their inheritance. Nevertheless, these legal provisions are largely ineffective due to weak implementation, judicial delay and cultural resistance. Now, with the unclear decision of the FSC, the state will have to take concrete steps to enforce these laws. A comprehensive awareness campaign should inform citizens about both religious and legal protection of women’s inheritance rights. Law enforcement agencies should be sensitive to treating examples of losing inheritance rather than private family disputes as criminal cases. The judiciary should set up special tribunals to accelerate the inheritance issues. Government departments should monitor the transfer of inheritance, especially in areas where exploitation is found, to ensure compliance with the law. In the FSC’s decision, “Amar Bil Markov and Anil Munkar” (prevents good. And wrong) is particularly important as a state duty under the implementation of the Shariat Act. It has the responsibility of actively protecting women’s rights rather than being inactive observers on government agencies.
Dawn, appeared on March 21, 2025
