Inheritance for women in Pakistan is not just a legal issue but a deeply entrenched societal struggle. While Islamic law and the constitution of Pakistan unequivocally guarantee women their rightful share in inheritance, the grim reality in the country tells a different story.
Cultural practices, legal loopholes and patriarchal resistance have systematically deprived women of their property rights, forcing them into prolonged legal battles, economic vulnerability and immense emotional distress.
The Holy Quran explicitly grants women their due share, yet the implementation of this divine directive remains riddled with hurdles. Surah An-Nisa (4:7) states: “For men is a share of what parents and close relatives leave, and for women is a share of what parents and close relatives leave, be it little or much — a legal share”. Similarly, Surah An-Nisa (4:11) and (4:12) outline the inheritance rights of daughters and wives, leaving no ambiguity about women’s entitlement. These are not favours or privileges; they are divine mandates. Yet, despite these clear Islamic injunctions, Pakistan continues to deny women their rightful inheritance through social coercion, fraudulent legal practices, and outright defiance of both religious and constitutional law.
The Federal Shariat Court’s (FSC) recent ruling, which declared the customs of Chaddar and Parchi — where women are forced to surrender their inheritance — as un-Islamic and illegal, is a landmark decision. However, legal rulings alone are not enough. Will this judgment translate into real change, or will it, like many before it, remain a mere legal precedent buried under the weight of unchallenged customs?
Across Pakistan, countless women are systematically deprived of their inheritance. In Khyber Pakhtunkhwa, a staggering 90 per cent of women are denied their rightful share. In Punjab, over 7,000 women have filed inheritance cases since 2021, with more than 3,000 still unresolved, and the combined value of disputed properties reaching billions of rupees.
Balochistan presents an even more dire picture, where nearly 100 per cent of women are denied inheritance due to deeply ingrained patriarchal customs. Similarly, in Gilgit-Baltistan, women continue to struggle against family pressure, legal roadblocks, and even violence when claiming their lawful property.
For those who dare to challenge these injustices, the path is treacherous. Women face threats, violence, and social alienation. Families employ coercion, emotional manipulation, and legal loopholes to strip them of their rights. Legal battles drag on for years, leaving women drained — financially, emotionally and mentally.
A stark example is Zaitoon Bibi, a woman from Dera Ismail Khan, who was finally granted her rightful inheritance by the Supreme Court after fighting a 46-year legal battle against her brothers. They had argued that she had voluntarily relinquished her share decades ago through a gift deed, a common and insidious tactic used to disinherit women. Her case highlights the systemic obstacles that continue to obstruct women’s inheritance rights in Pakistan.
While Pakistani law criminalises the denial of inheritance — Section 498-A of the Pakistan Penal Code explicitly prohibits such injustices — implementation remains weak. Women who approach the courts often face backlash, social ostracisation and deliberate legal delays. Inheritance disputes stretch over decades, exacerbated by forged documents, bureaucratic inefficiencies and judicial lethargy.
Beyond social barriers, legal loopholes further facilitate the denial of women’s inheritance rights. A deeply flawed yet widely held belief is that when women receive dowry, they have relinquished their right to inheritance. This false narrative has no basis in Islam, yet it remains a powerful social deterrent preventing countless women from asserting their legal and religious claims. Meanwhile, male relatives — often in collusion with local revenue officials — manipulate property records by forging documents to exclude female heirs.
Another widespread practice is the use of Hibba (gift deeds), where property is transferred to male heirs before the owner’s death, effectively disinheriting daughters. Women are also frequently pressured into signing away their inheritance through fraudulent consent, with little legal recourse available. Even when cases reach the courts, they drag on for years, forcing women to endure financial and emotional exhaustion. In many rural and tribal areas, jirgas and panchayats continue to deny women their rightful property under the guise of tradition.
The denial of women’s inheritance rights in Pakistan is not an issue of religion but one of culture and governance. Many other Muslim nations have successfully implemented strong legal protections to ensure women receive their inheritance in both letter and spirit. Tunisia guarantees that inheritance disputes are resolved swiftly, ensuring women receive their share without prolonged legal battles. Egypt has criminalised inheritance denial, imposing strict penalties on violators.
Turkey has digitised land records and implemented legal safeguards to prevent forgery and fraudulent property transfers. Morocco’s progressive Family Code (Moudawana) ensures fast-track court resolutions, preventing disputes from dragging on for decades. Malaysia and Indonesia have specialised Islamic courts dedicated to swiftly resolving inheritance cases in accordance with religious principles.
These examples prove that ensuring women’s inheritance rights is treated as a matter of governance and political will.
If other Muslim-majority countries can establish effective systems to protect women’s property rights, why does Pakistan continue to lag? What prevents Pakistan from enforcing the clear Quranic injunctions that guarantee women their rightful inheritance?
The FSC’s ruling is a step forward, but it must be backed by strong enforcement mechanisms. Courts must expedite inheritance cases and penalise those who deny women their rights. Legal loopholes must be closed to prevent fraudulent property transfers. Nationwide awareness campaigns must be launched to educate women about their inheritance entitlements, and law enforcement agencies must ensure their protection from threats and intimidation. Establishing dedicated inheritance tribunals or fast-track courts can also help resolve disputes more efficiently.
However, beyond legal and administrative measures, a fundamental shift in societal attitudes is needed. The denial of women’s inheritance is not just a legal violation; it is a violation of faith, morality and basic human rights. Families must stop treating women as second-class heirs and recognise that a daughter’s right to property has little to do with generosity and is really an obligation set by religion.
The fight for women’s inheritance is about dignity, justice and equality. It is about ensuring that no woman has to beg for what is rightfully hers. It is about honouring the commandments of the Holy Quran, not just in words, but in action. It is time for Pakistan to stop treating inheritance as a favour to women and start treating it as what it truly is — a fundamental right, guaranteed by both religion and law.
The writer is an MNA and a member of the National Assembly’s Standing Committee on IT. She holds a PhD in law.