menu_open Columnists
We use cookies to provide some features and experiences in QOSHE

More information  .  Close

Culture of depriving women of their inheritance must end

45 0
yesterday

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........

© Pakistan Observer