LHC grants widow property rights after 27-year battle

LAHORE: The Lahore High Court has annulled the decision of the trial court, awarding property rights to a widow after a 27-year legal battle, ARY News reported.

According to reports, the written judgment was issued by Justice Khalid Ishaq in favor of Sidiqaan Bibi, in response to her appeal.

The court emphasised that property disputes within families often involve false claims, and the best approach to such cases is when the claimants assert that the property rights was given to them as a verbal gift.

The judgment pointed out that the brother, rather than supporting his widowed sister during her difficult time, unlawfully seized her inheritance, likening his actions to those of a predator.

The Lahore High Court expressed concern that men often violate Shariah law by depriving women of their rightful inheritance and stressed the importance of protecting women’s inheritance rights.

The court further stated that if a woman claims to have waived her inheritance, she must provide valid proof.

Following their father’s death, the brother took full control of the family property. According to the widow, the brother had initially promised her a share in the inheritance, and for some time, he sent her part of the income from the property.

However, after her husband’s death, the brother refused to fulfill his promise.

In 2011, the widow filed a claim for her share in the inheritance in the trial court. The brother argued that their father had gifted him 59 kanals of land during his lifetime. The trial court dismissed her claim in 2014.

This landmark decision has brought justice to the widow, recognizing her rightful share in the family property after decades of legal struggle.

Earlier, the Federal Shariat Court of Pakistan ruled that the traditional practices of ‘Chadar’ and ‘Parchi’ are both un-Islamic and illegal.

A full bench, led by Chief Justice Iqbal Hameed ur Rehman and comprising Justice Khadim M. Shaikh, Justice Dr. Muhammad Mehmood Anwar, and Justice Ameer Muhammad, issued the verdict.

The verdict stated that ‘Chadar and Parchi’ customs deprive women of their rightful inheritance, which is against Islamic teachings.

The court remarked that customs such as ‘Chadar and Parchi’ contradict the rights granted to women in the Quran and Sunnah.

It further ruled that coercing women into relinquishing their inheritance due to societal pressure is a violation of both Islamic principles and the law.

Pakistan Federal Shariat Court has directed authorities to take legal action under Section 498 against those who enforce such practices.

Additionally, the ruling underscores the need for awareness and effective enforcement of laws safeguarding women’s inheritance rights.