n a country where women’s inheritance rights are often treated as optional, the case of Shaheen Bibi versus Akbar Ali and Others serves as a telling reminder of the systemic deprivation faced by countless women across Pakistan. Alongside her co-complainants, Afia Begum and Ruqqaya Bibi, Shaheen Bibi approached the federal ombudsperson for protection against harassment, seeking justice for what should have been a straightforward claim to her share of her father’s land in Tarlai Kalan village of Islamabad. What unfolded instead was a journey through entrenched patriarchy, legal inaction and bureaucratic resistance that epitomises the challenges faced by women asserting their property rights.

The complainants alleged that their brothers Akbar Ali and Allah Dita had unlawfully deprived them of ownership and possession of the property, despite the inheritance being legally documented in Mutation No 1532. Their case was supported by clear revenue records indicating their rightful claim to defined shares of the property. However, the respondents initially refused to respond to the complaint and were placed ex-parte. When compelled to appear after the issuance of a bailable arrest warrant, the brothers offered no plausible defence to counter the sisters’ claims.

FOSPAH’s decision was unequivocal. The forum affirmed the complainants’ rights to the property and ruled that the lack of partition among heirs was inconsequential. It directed the deputy commissioner of Islamabad to ensure the restoration or transfer of possession and title to the complainants under the 2020 Enforcement of Women’s Property Rights Act, with compliance required within seven days. For Shaheen Bibi and her co-complainants, the ruling was a victory; for Pakistan, it was a stark reflection of the societal norms that necessitate such legal battles in the first place.

The issue of women being denied their rightful inheritance is far from unique to Shaheen Bibi’s case. It is a pervasive reality in Pakistan, where patriarchal traditions and systemic inequalities have left women with little recourse in matters of property and land ownership. The Pakistan Demographic and Health Survey 2017-18 reveals a grim disparity: only 3 percent of women own houses compared to 72 percent of men; and a staggering 97 percent of women have been unable to inherit land or property. This exclusion is not merely an issue of legal oversight; it reflects a deeply rooted cultural mindset that undermines women’s economic security and independence.

The barriers to justice for women asserting their inheritance rights are multifaceted. On the one hand, societal norms discourage women from claiming what is rightfully theirs, often framing such claims as acts of rebellion against familial harmony. On the other, the legal and bureaucratic systems designed to protect these rights are riddled with inefficiencies and gender bias. The low literacy rate among women – 49.6 percent compared to 72 percent for men – further compounds the problem, leaving many women unaware of their legal entitlements or unable to navigate the complex systems required to enforce them.

For those who dare to seek justice, the legal process itself can prove a hurdle. Property disputes in Pakistan are notoriously protracted, often spanning decades. A single case typically begins at the civil court level and can be appealed through multiple stages, culminating in the Supreme Court. Each stage is a labyrinth of procedural delays, adjournments and legal expenses. A 2018 study highlighted that it takes an average of 72 court visits to resolve a property dispute. Many cases have languished in the system for longer than 30 years. This inefficiency is exacerbated by an overburdened judiciary — with just one judge for 50,000 people, Pakistan’s courts currently face a backlog of over 2.26 million cases, a number that continues to grow.

The male-dominated environment of the legal system further discourages women from pursuing their rights. Courts are often intimidating spaces for women, who may face harassment, lack of facilitation and outright hostility. Even when a woman musters courage to approach the legal system, the bureaucracy she encounters can be daunting. Obtaining essential documents such as a family registration certificate or land records often depends on the cooperation of family members or revenue officers, who may demand bribes or create unnecessary delays. Women, especially those who are illiterate or financially dependent, find these barriers insurmountable without external support.

In some cases, women’s names are deliberately excluded from inheritance mutations or succession certificates, leaving them entirely unaware of their entitlement. Even when their ownership is established, women often face further challenges in claiming the benefits of their property, such as rent or profits, which are typically controlled by male relatives. These layers of exclusion create a system in which women’s property rights exist largely in theory, with little practical enforcement.

Despite these grim realities, there have been efforts to address the issue. The 2020 Enforcement of Women’s Property Rights Act, along with similar laws in Khyber Pakhtunkhwa and the Punjab, represents a significant step forward. These laws empower ombudspersons to hear women’s property cases directly, bypassing the traditional legal system. By granting ombudspersons the authority to access revenue records and enforce decisions without requiring complainants to hire lawyers, these laws have made the process more accessible and less burdensome for women.

However, legislative measures alone are insufficient to dismantle the systemic barriers that women face. Fundamental reforms are needed to ensure that women’s rights are not just recognised but actively protected. Universal birth registration and the issuance of national identity cards are critical starting points. Digitisation of land records is another essential reform, as it would democratise access to property information and reduce reliance on revenue officers, who often act as gatekeepers in the current system.

The need for trained personnel at key institutions such as NADRA offices, revenue departments and courts is equally important. These individuals could provide women with guidance on navigating the legal and bureaucratic processes, ensuring that they are not excluded due to lack of knowledge or resources. Simplifying documentation requirements and introducing gender-sensitive policies would also go a long way in reducing the barriers women face in claiming their inheritance.

Shaheen Bibi’s case is a testament to the resilience of women who refuse to accept systemic injustice. It also highlights the urgent need for broader societal change. Women’s inheritance rights are not just a matter of legal entitlement; they are a cornerstone of gender equality and economic empowerment. Until Pakistan addresses the structural inequalities that deny women their rightful place in society, the struggle for justice will continue to be an uphill battle.

For women like Shaheen Bibi, the fight for inheritance rights is not merely about property — it is about asserting their dignity, autonomy and place in a society that has long marginalised them. As Pakistan moves forward, it must prioritise not just the enactment of progressive laws but their implementation, ensuring that no woman is left behind in the pursuit of justice.

The writer is a women’s rights advocate, currently serving as the federal ombudsperson for protection against harassment at the workplace