Deprivation Of Women's Inheritance Rights In Pakistan: Islamic Provisions, Judicial Pronouncements And Social Barriers

Abstract

Article 23 of the Constitution of Pakistan is abundantly clear to provide that every citizen of the state shall be entitled to “acquire, hold and dispose of property in any part of Pakistan”. by using the word “every citizen”, the constitution has made this right gender neutral. However, in practice, the rights only seem to be enjoyed by the male community with women being deprived of their basic rights to property. In fact, according to the Demographic and Health Survey 2017-18, “97 per cent of women [across Pakistan] did not inherit land or a house, while 1pc each inherited agricultural land and a house. Less than 1pc of women inherited non-agricultural plots or residential plots (Dawn. (2022, March 1). This paper will discuss that though the Islamic teaching clearly provides the women rights to inheritance and succession, but the social stigma and dominant patriarchal practices have rendered these rights futile. With the help of case laws and legal provision, the paper argues that there is strong need of robust legal framework and recommends that a separate department or commission should be established on federal and provincial to oversee the implementation of such laws and Islamic norms.