Surah An-Nisa’s verses 7, 11, 12, and 14 address the topic of women’s inheritance and instruct Muslims to give each eligible lawful heir of a deceased person their fair portion.
Despite this clear guidance, women are often excluded from inheritance. The higher courts have emphasized the need to apply the law strictly and noted that procedural flaws and legal technicalities, such as the concepts of res judicata, estoppel, and adverse possession, may not deny a woman her right to inherit.
There are numerous cases regarding the deprivation of women’s inheritance from ancestral property, as granted by the Holy Quran and Sunnah, pending before various courts of Pakistan. This occurs despite the state’s important duty under the Enforcement of Shariah Act, 1991 (Act X of 1991). The observation was made on November 15 in a strongly worded verdict written by Justice Athar Minallah for a case he and Justice Irfan Saadat Khan heard on August 29. The ruling emphasized both Islamic injunctions and constitutional guarantees.
The order declared: “It is incumbent upon the state under the Constitution and the clear injunctions of Islam to ensure the effective and unfettered realization of women’s right to inheritance.” According to the Supreme Court, any interference with inheritance rights is a violation of divine will since they are “not a concession granted by human law but a divinely ordained command.” The Court further noted that social customs denying women inheritance are “remnants of ignorance which Islam came to abolish.”
The judgment emphasized that anyone who denies women this divinely granted right through compulsion, dishonesty, or undue influence must be held legally responsible. A society that ignores the denial of women’s inheritance rights violates both the plain command of Almighty Allah and the spirit of the Constitution. Protecting a country’s most vulnerable citizens is what strengthens the nation, and a state’s obligation to uphold the values of justice, equity, and faith is violated if it does not protect women’s inheritance rights.
The ruling further stated: “Furthermore, those who, through coercion, deceit, or undue influence, deprive women of this divinely bestowed right must be held accountable under the law and made answerable. A society that turns a blind eye to the deprivation of inheritance rights for its women defies the spirit of the Constitution and the command of Almighty Allah. A state that fails to safeguard the inheritance rights of its women fails in its duty to uphold the principles of equity, faith, and justice.”
The state has a sacred constitutional obligation to eradicate such practices by ensuring that every woman is aware of her due inheritance share and is empowered to claim it without delay, fear, or the need for protracted legal proceedings. It must create a proactive and easily accessible system for identifying, contacting, and supporting women in obtaining their legal rights. The judgment reiterated that it is incumbent upon the state under the Constitution and the clear injunctions of Islam to ensure the effective and unfettered realization of women’s right to inheritance.
Following a thorough analysis of the teachings of the Quran, the customs of the Holy Prophet (PBUH), and the principles of Shariah, the Federal Shariah Court ruled on March 20 that every legal heir, male or female, is entitled to inheritance. This right is divinely ordained and cannot be restricted, either directly or indirectly. Denying lawful heirs, especially women, is against public policy and constitutes a social ill.
This right is a divinely mandated directive clearly stated in the Holy Quran, rather than a concession granted by human law. Therefore, any denial or blockage of this right is a violation of divine will in addition to being illegal. Cultural or societal customs that deny women their legitimate inheritance have no basis in justice or faith; they are relics of ignorance that the teachings of Islam were revealed to eradicate.
An amendment to the Pakistan Penal Code (Section 498C), under Amr bil Maroof wa Nahi Anil Munkar [enjoining the right and forbidding the wrong], strengthened enforcement of women’s inheritance rights by penalizing anyone who denies them through deceit or illegal means. The law bars depriving women of any movable or immovable property at the time of succession. Offenders face five to ten years’ imprisonment, a fine of up to one million rupees, or both. This legislation ensures women can claim their divinely and constitutionally guaranteed inheritance rights without obstruction, coercion, or fraud.
This decision is revolutionary since Pakistani women have historically been denied the ability to inherit, often due to deeply ingrained traditions and patriarchal standards. The right of women to inherit, granted over fourteen centuries ago, was genuinely unmatched, as women in Western societies were not granted similar rights or benefits at that time.
While reforms to streamline the legal system would be beneficial in the long run, they have often been impractical due to political considerations. Similarly, political interference in legal matters has historically made it unlikely that the judiciary and courts would actively handle inheritance-related cases, which could ultimately lead to better enforcement and results.
—The writer is contributing columnist.
