Being a woman in a patriarchal society is never easy. Over time, with increased awareness, some aspects of women’s lives have improved; still, there remain many hurdles that a woman must overcome to be socially and financially stable. To be in charge of their existence is a struggle women continue to face. Every time they step out of the house to work, they are subject to gender biases. At home, the situation is not entirely different. Deeply ingrained misogynistic attitudes keep most women shackled, never allowing them to freely express their individuality or demand their rights because vocal women have been stigmatised for long.

In Pakistan, a large majority of women is discriminated against and denied their rightful share in ancestral properties. As a Muslim majority country, there are clear directives for the division of assets amongst heirs. Yet, women are regularly denied their share.

There are mechanisms in place to raise the girl child in such a way that she willingly sacrifices her right to property at the altar of sisterhood for her brother’s sake, never realising that giving up her share was not her decision. As a dutiful sister, it is expected of her.

“We tend to raise our daughters in a way that they rarely question denial of their right to inheritance. If they do, they are reprimanded and labelled troublemakers,” says Sanahil Cheema, an Islamabad-based lawyer. “We do not expect our daughters to ask for their share of inheritance but we assume that our daughters-in-law will get theirs. We have allowed this hypocrisy to fester for decades,” she adds.

In a telephonic conversation with The News on Sunday (TNS), the young lawyer says women are still struggling to reclaim agency and take steps to attain financial stability.

“Going to court is the last resort. Property disputes that require court settlements involve several complications. Most of the time, women ‘amicably’ sign away their inheritance in their brothers’ favour.”

It is customary in most South-Asian cultures, including Pakistan, to give daughters a dowry. The practice impacts inheritance-related discourse in the drawing rooms. To cite some anecdotal evidence, a few years ago, in a conversation with a highly qualified, financially stable man, I discovered that he had no plans of leaving his four daughters a shred of inheritance, agricultural land or other assets. All his moveable and immovable properties, active assets were to go to his only son and heir. His reason for such a decision was simple; “I have raised my daughters well and provided for them. I have paid for their education and will spend millions on their weddings, sending them away to their forever homes with hefty dowry packages. Why should they ever need any part in inheritance? Their dowry is their inheritance,” he had said.

Apparently millions of men harbour similar sentiments when it comes to matters of inheritance. So, when the Senate Standing Committee on Law and Justice quashed a bill seeking to declare women’s inheritance a fundamental right, with a majority vote, it should not have been a surprise. Seantor Saadia Abbasi of Pakistan Muslim League (Nawaz), had tabled the bill earlier this month, suggesting an amendment in the Constitution. The proposed amendment read, “no woman should be deprived of her share from inheritance in Pakistan”.

“We tend to raise our daughters in a way that they rarely question denial of their rightful inheritance. If they do, they are reprimanded and labelled troublemakers,” says Sanahil Cheema, an Islamabad-based lawyer.

The senator argued that Islam defined shares of male and female descendants. The amendment was meant to acknowledge the right to inheritance as a fundamental right in line with Islamic principles. The members opposing the bill said that there were already laws in place to safeguard women’s inheritance rights. Effective enforcement of the existing legislation was all that was needed to ensure that women received their due share.

“There are laws and religious dictums to protect women’s rights. What we fail to address are deep-rooted issues, norms that continue to dictate women’s lives,” says Hooria Anjum, 35, an academic who struggled to secure her share of inheritance from her deceased father’s legacy.

“We have given up. There is no point in pursuing this struggle or taking anyone to court. Our father’s family controls whatever assets he left behind,” she says. Anjum’s parents had separated years prior to her father’s passing.

“There are several provisions in law covering possible disputes. However, if there is no will, some complications can arise,” says Cheema. “Inheritance laws can differ based on religious and sectarian principles. Cases must be decided accordingly.” Even if someone submits an affidavit citing association with a particular religious practice, the court will assess their familial connections and require evidence. Without suitable proof, their declaration would be void, says the lawyer.

Succession and inheritance have not been treated uniformly in Pakistan. A lack of awareness amongst women, who understandably find it difficult to take disputes to court, muddles the matters further. “My mother and I have been painted as villains because we decided to stand up for our rights,” says Maryam Sherazi, a young lawyer. “The footfall at the offices of Punjab Ombudsman (Mohtasib) is increasing daily, many property/ inheritance related disputes are being settled by the body,” says the lawyer who once wrote to the Punjab governor requesting him to fast-track the implementation of Punjab Enforcement of Women’s Property Rights Act, 2021.

The law, enacted on May 17, requires that women’s rights to ownership of property and inheritance are not violated through fraud or coercion. Under the law, the Punjab Ombudsman is required to settle all women’s property ownership related matters and direct officers to assist the affected parties in the enforcement of decrees. “So far, we have been supported by the system. We hope to acquire property ownership from my fraudulent maternal uncle, who took illegal possession of a commercial property belonging to my mother, not just the ones she had inherited,” adds Sherazi.

Female descendants of the deceased often suffer when it comes to secure their share because asking for one’s deserved share is seen by some as a deviation. Women must remain tight-lipped, never questioning the decisions of men in the family, even when they concern their financial future. The expectations are endless. “My maternal grandmother’s case against her brothers remains undecided. She has cut us off because my mother decided to take similar steps,” says Sherazi.

Women are not only regularly denied a share in their fathers’ properties, but their husbands’ as well. To claim inheritance as a widow is no less challenging. Even though most mothers sign away their rights in their children’s favour, expecting them to do so is not justified. The fact that women who give up their share are held in high esteem, and the ones who do not are shunned reveals that women are not seen as individuals. The great sacrifices they make are only worth acknowledging if they benefit the patriarchy.

It is high time for the society to accept women’s inheritance rights as fundamental. Instead of promoting a dowry culture, the families should give their daughters their inheritance.

The writer is staff member