Women’s inheritance a divine right, not a family choice: Federal Shariat Court

ISLAMABAD: In a significant judgment reinforcing women’s legal and religious rights, Pakistan’s Federal Shariat Court has ruled that no regional custom, family tradition, or social pressure can deprive women of their rightful share in inheritance, ARY News reported.

The court declared that denying women their inheritance is not only a violation of Pakistani law but also contravenes the clear commands of Islam and the Holy Quran. The ruling came in the case of Bibi Amna from Balochistan, who had challenged her brothers for denying her full legal share in her parents’ property.

The Federal Shariat Court set aside a Balochistan High Court decision and strongly affirmed that a woman’s right to inheritance is a divine obligation, not a privilege granted by the state. “It is a law made by Allah Almighty,” the court observed.

Justice emphasized that unfortunate societal trends in Pakistan continue to sideline women through social pressure, coercion, or outright fraud. The judgment directed all courts to carefully examine inheritance cases involving women and ensure justice is delivered according to both constitutional provisions and Islamic principles.

The court ordered that the civil court must now determine and allocate the proper shares of Bibi Amina and other legal heirs in all of her parents’ properties in accordance with the law and the Constitution. It made it clear that no local customs or family arrangements can override these rights.

The judgment highlights a recurring issue across parts of Pakistan where women are routinely excluded from inheriting agricultural land, houses, or other family assets despite explicit Islamic and legal protections. Legal experts see this as a strong reminder to lower courts to prioritize women’s inheritance claims.

This ruling is expected to have wide-reaching implications, particularly in conservative regions where tribal and familial traditions often clash with constitutional and religious rights.

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