Pakistan’s court rules against denial of women’s inheritance
ISLAMABAD, Pakistan (MNTV) — Pakistan’s sharia court has ruled that any custom depriving women of their inheritance rights has no legal standing.
The landmark judgment, authored by Justice Dr. Syed Muhammad Anwar and backed by a four-member bench including Chief Justice Iqbal Hameedur Rehman, Justice Khadim Hussain M. Sheikh, and Justice Ameer Mohammad Khan, directly challenges long-standing traditions that strip women of their property.
The ruling came in response to a petition filed by Syeda Fouzia Jalaal Shah, who challenged discriminatory customs prevalent in Bannu, a district in the Khyber Pakhtunkhwa province near Pakistan’s border with Afghanistan. The case focused on local traditions such as Chaddar and Parchi, which are informal arrangements that pressure women into accepting little to no inheritance, often through coercion by male family members or community elders. These customs have been historically used to settle inheritance disputes outside of formal legal channels.
The sharia court ruled these practices un-Islamic and unconstitutional, directing authorities to prosecute those who deprive women of their inheritance under Section 498-A of the Pakistan Penal Code. This section, introduced through the Criminal Law (Third Amendment) Act of 2011, criminalizes the forced deprivation of inheritance rights.
The court also emphasized that state institutions must uphold Amr bil Maroof Wa Nahi Anil Munkar—an Islamic principle requiring the promotion of virtue and prevention of wrongdoing—as outlined in Pakistan’s Enforcement of Shari’ah Act, 1991. It urged provincial authorities to take proactive steps, including raising public awareness and ensuring strict legal action against violators.
Pakistan has many discriminatory customs that deprive women of their rights. One of them is Haq Bakhshwai, a deeply rooted practice where women are pressured—through emotional manipulation or societal expectations—to renounce their inheritance in favor of male relatives. Often justified in the name of family honor or tradition, it creates the illusion of voluntary consent, while in reality, women have little to no choice.
The court directed state institutions, particularly provincial governments and relevant legal bodies, to ensure inheritance laws are strictly implemented. It also recommended increased public awareness campaigns to inform women of their rights and prevent them from being coerced into giving up their inheritance.
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