FSC declares denial of women’s inheritance rights as illegal and un-islamic

The Federal Shariat Court (FSC) has ruled that any custom depriving women of their rightful inheritance is un-Islamic and legally void. The court emphasized that Islamic teachings guarantee women’s inheritance rights, and no local practice or tradition can override them. The ruling urged authorities to act proactively to eliminate this injustice.

The case stemmed from a petition by Syeda Fouzia Jalaal Shah, who highlighted the custom of “Chaddar” or “Parchi” in Bannu, Khyber-Pakhtunkhwa. This practice forces women to either forfeit their inheritance or accept less valuable property. The petitioner also sought justice for her mother, who was denied her rightful inheritance under this practice.

The court acknowledged that such customs exist nationwide under various names, such as “Haq Bakhshwai.” These practices, often enforced through emotional pressure or coercion, aim to deprive women of their lawful inheritance. The FSC called for stricter enforcement of Section 498-A of the Pakistan Penal Code, which criminalizes such actions.

While rejecting the personal relief sought by the petitioner, the court declared all customs violating women’s inheritance rights as illegal. The ruling emphasized that authorities must take strict legal action against those responsible. The decision reinforced the state’s duty to uphold justice and protect women’s property rights in line with Islamic teachings.