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In a landmark ruling, the Federal Shariat Court (FSC) on Wednesday declared that depriving women of their rightful inheritance is both un-Islamic and illegal, warning that violators will face legal consequences. The court ruled that any custom or tradition denying women their Quranic inheritance rights holds no legal standing and must be eradicated.
The 21-page judgment, authored by Justice Dr. Syed Muhammad Anwar and endorsed by a four-member bench including Chief Justice Iqbal Hameedur Rehman, Justice Khadim Hussain M. Sheikh, and Justice Ameer Mohammad Khan, was issued in response to a petition challenging the practice of ‘Chaddar’ or ‘Parchi’, commonly observed in Bannu district. This custom either deprives women of their rightful share in inheritance or coerces them into accepting a smaller portion through jirgas.
Government Ordered to Take Legal Action
The FSC directed the government to initiate criminal proceedings against perpetrators under Section 498-A of the Pakistan Penal Code (PPC), which was introduced through the Criminal Law (Third Amendment) Act, 2011, to combat this injustice. The court emphasized that eliminating this practice is a constitutional and Islamic obligation, falling under the state’s duty of “Amr bil Maroof Wa Nahi Anil Munkar” (promoting virtue and preventing vice) as outlined in the Enforcement of Shari’ah Act, 1991.
The case was filed by Syeda Fouzia Jalaal Shah, who not only highlighted these unlawful practices but also sought justice for her mother, Syeda Iftikhar Bibi, who was allegedly denied her inheritance from both her father and husband due to local customs.
Quranic and Legal Basis for the Ruling
The judgment cited Verses 7, 11, 12, and 14 of Surah Nisa, which clearly mandate the equitable distribution of inheritance among legal heirs. It further highlighted that unlawful practices like ‘Haq Bakhshwai’ or ‘Haq Bakhshwana’—where women are pressured, coerced, or emotionally blackmailed into surrendering their inheritance—are widespread across Pakistan.
Recognizing the seriousness of this social injustice, the court called on provincial authorities to actively protect women’s inheritance rights and launch awareness campaigns to educate the public. Additionally, it urged authorities to publicize legal actions taken against violators to deter further violations.
A Historic Ruling for Women’s Rights
This landmark ruling sets a strong precedent for women’s property rights in Pakistan, reinforcing constitutional, Islamic, and legal obligations to ensure gender justice in inheritance matters. With the FSC’s directive to take strict action against violators, the ruling is expected to play a crucial role in curbing long-standing discriminatory customs and securing women’s financial independence.
