ISLAMABAD, July 7: The Supreme Court of Pakistan has declared illegal the tribal practice of denying women their share in inheritance, saying no custom or jirga can override Islamic law or the Constitution.
The ruling was given in a dispute over the inherited land of Mithi Khan. The judgment was written by Justice Irfan Saadat Khan, while the Supreme Court upheld the earlier decision of the Balochistan High Court.
The court said no person can claim ownership of property obtained through fraud. It also ruled that tribal customs used to stop women from getting inheritance have no legal status.
According to the judgment, depriving daughters of their inheritance is against both Islamic Sharia and the law. The Supreme Court of Pakistan also said a revenue record alone is not final proof of ownership, and if a property transfer is made through fraud, the entire legal basis of that transfer becomes invalid.
The Supreme Court further said inherited property must be divided only according to Islamic inheritance law. It added that there can be no compromise on women’s inheritance rights.
The judgment also made it clear that no jirga, tribal tradition or local custom is above the law or Islamic Sharia.
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Earlier, the Supreme Court of Pakistan ruled that jewellery given to a bride at her wedding is her exclusive and personal property, and no one else can claim it.
Pakistan’s apex court said a husband, mother-in-law, father-in-law or any other in-laws have no legal right over a bride’s jewellery. Gold or other items given to the bride by parents, relatives or friends will also be treated as her sole property.
Chief Justice of Pakistan Yahya Afridi headed the three-member bench that delivered the verdict. Justices Naeem Akhtar Afghan and Shakeel Ahmed were also on the bench.
The court said forcibly withholding a bride’s jewellery or gifts amounts to an illegal deprivation of property rights. A husband or other in-laws cannot take possession of or use a bride’s jewellery without her consent, the judgment added.
The Supreme Court said ownership of any gift given at a wedding will be decided by the intent behind it — the purpose for which it was given.
A woman can approach a Family Court to recover her jewellery, dowry and other personal belongings, the court noted. Family Courts have jurisdiction to hear cases seeking the return of a woman’s jewellery, dowry and personal items.