Women’s right to inheritance plays a vital role in determining and defining their socio-economic and political empowerment. Considering the importance of this matter, Islam introduced the concept of women’s right to inheritance for the first time in human history. In the Age of Ignorance, the possessions of the deceased trickled down to male descendants, and girls were deprived of property rights. Thus, by legislating women’s inheritance in such times, and by giving women a definite share in legacy, Islam has actually elevated the status of women in the society. It is narrated in the Quran: “Men shall have a share in what parents and kinsfolk leave behind, and women shall have a share in what parents and kinsfolk leave behind.” 1
The aforementioned verse makes it clear that women have a definite share in inheritance just like men. Pakistan, being an Islamic republic, follows the Sharia rule for division of inherited property following the death of kin, and grants women the right to own and control the property. In Pakistan, the Muslim Family Laws Ordinance 1961 and the Muslim Personal Law Shariat Application Act 1962, govern and protect the women legal property rights. Despite the constitutional protection, women in Pakistan have been discriminated against and denied the right to ancestral property for years. There are several reasons for this dire and gloomy situation.
Firstly, there is low literacy and awareness regarding this issue, most women in Pakistani society doesn’t know about their rights in a matter of property and inheritance or have shown little inclination to effectively exercise. Secondly, depriving of women inheritance is an acceptable norm in Pakistani society that most of the time women voluntarily surrender their claim due to the fear of backlash from their families. Another hurdle is the cultural code of honor, stemming from the deep-rooted patriarchal traditions. For example, the provision of dowry articles to the bride is perceived as compensation against her legal share in the parental property, thus a tactful way to deter inheritance rights.
Keeping in view the importance of this issue, there is a dire need to formulate appropriate policies to reduce gender gaps in land rights. Women should be given education through electronic and print media. An educated and economically empowered woman can understand and claim her share in the pie. Recently, the incumbent government launched an awareness campaign to educate people about women’s inheritance right in the light of Islamic jurisprudence and the constitution. Along with the government, civil society organizations should play their active part in informing citizens through effective advocacy campaigns as well as come up with better ideas for policy and decision-makers to put the right arrangements in place. Religious scholars also have an important role to play in this matter as the misinterpretation of religious directives in many cases hinders women in claiming their right to inheritance. Also, the government should work on collecting data for appropriate and pointed policy formulation. Government official surveys should include gender-disaggregated data about the women’s access and control over land to give a better picture for taking specific actions. Last, but not the least strict implementation of the law by the government will surely reduce the number of women deprived of their right to inheritance.
1 Surah Nisa, 7
