Monitoring Desk

Islamabad: In a landmark judgment, the Federal Shariat Court (FSC) on Wednesday ruled that any custom or practice depriving women of their rightful inheritance has no legal standing and is both un-Islamic and illegal.

The court emphasized that such actions must be punished under the law.

The 21-page verdict, authored by Justice Dr. Syed Muhammad Anwar and endorsed by a four-member bench, including Chief Justice Iqbal Hameedur Rehman, Justice Khadim Hussain M. Sheikh, and Justice Ameer Mohammad Khan, came in response to a petition challenging the custom of ‘Chaddar’ or ‘Parchi’ prevalent in parts of Bannu. This practice forces women to accept less than their rightful inheritance or denies them their share entirely.

Legal Action Against Violators
The FSC directed the government to take strict legal action against perpetrators under Section 498-A of the Pakistan Penal Code (PPC), which criminalizes depriving women of their inheritance rights. The judgment further stated that eradicating this social injustice falls under the state’s duty of “Amr bil Maroof Wa Nahi Anil Munkar” (promoting virtue and preventing vice) as per the Enforcement of Shari’ah Act, 1991.

The case was filed by Syeda Fouzia Jalaal Shah, who not only highlighted these unlawful practices but also sought justice for her mother, Syeda Iftikhar Bibi, allegedly deprived of her rightful inheritance from both her father and husband due to local customs.

Religious and Legal Justification
The judgment cited Verses 7, 11, 12, and 14 of Surah Nisa, which clearly outline inheritance rights in Islam and mandate the distribution of assets to all eligible heirs. The court noted that illegal practices such as ‘Haq Bakhshwai’ or ‘Haq Bakhshwana’—where women are coerced or emotionally blackmailed into relinquishing their inheritance—remain widespread across Pakistan.

Recognizing this as a serious criminal offense, the court urged provincial authorities to take proactive steps to protect women’s property rights and launch awareness campaigns to curb such injustices. Additionally, it called for the publicization of legal actions against violators to serve as a deterrent.

The FSC’s ruling is expected to set a strong precedent for women’s rights in Pakistan, reinforcing the constitutional and Islamic obligations to ensure gender justice in matters of inheritance.