Status of Women's inheritance rights in Pakistan

 Status of Women's inheritance rights in Pakistan

A woman is the glory of someone else's house," a woman is always very patient," a woman needs no money," or "a lady chooses her brothers over possessions." Males often employ these amulets to ward off women from inheriting their property. Everything has been described in detail by Allah Almighty, but two topics—marriage and inheritance (miras)—are particularly well-explained by Almighty Allah in the Holy Quran since Allah is aware that these are the topics that people are most likely to fight over.

In the Holy Quran, Allah almighty says: For men, there is a share in what their parents and close relatives leave, and for women, there is a share in what their parents and close relatives leave—whether it is little or much. These are obligatory shares. "Quran 4:7 Allah says there is a share for both men and women in what their parents leave, and such shares are obligatory. But why do men read only the first part of the verse and are blind to the second part? I don’t know. Allah further says, " Allah commands you regarding your children: the share of the male will be twice that of the female." But men are still not agreeing to provide even half the share. Regarding parents (father and mother), Allah says, "Each parent is entitled to one-sixth if you leave offspring. But if you are childless and your parents are the only heirs, then your mother will receive one-third. But if you leave your siblings, then your mother will receive one-sixth. "Quran 4:11. But most people don’t know that a mother also has a due share in the child's property. "And your wives will inherit one-fourth of what you leave if you are childless," Allah says of wives. But if you have children, then your wife will receive one-eighth of your estate. Quran 4:102. Furthermore, section 498 A of the Pakistan penal code states that whoever by deceitful or illegal means deprives any woman of inheriting any movable or immovable property at the time of the opening of succession shall be punished with imprisonment for either description for a term which may extend to ten years but not be less than five years, or with a fine of one million rupees or both. It shows that the law is very clear about women's inheritance rights, but its practical implementation is always a question mark.

When the law is clear, the holy book 'the Quran' is clear, and the word of the Holy Prophet Muhammad (peace be upon him) is obvious, then why are women denied their inheritance rights? There are several reasons for this, including the fact that most women are illiterate and are not aware of their inheritance rights and the law governing inheritance. As a result, they lack the knowledge necessary to file a lawsuit against male family members. Some women willfully disregard their right to have a positive connection with their brothers because they are aware that if they ask for property, there is a potential for creating hostility, which they do not want. Likewise, men maintain pressure on women to renounce their rights in some areas of Pakistan where women are oppressed and strongly controlled by men. The nation's court system is also extremely expensive and lengthy. As William E. Gladstone accurately observed, justice delayed is justice denied, In the Pakistani judicial system, property cases have been pending for years, and even for decades. Women would rather avoid wasting time and money on pointless legal battles. Moreover, patriarchy is still another important factor. In Pakistan, patriarchy still exists and maintains the status of men over women, placing men at the center of all rights. These are some of the major reasons responsible for the denial of women's property rights.

It is the need of the hour to create awareness in society about women's inheritance rights, provide cheap and speedy justice to women, provide equal educational opportunities to women, and build confidence in women. To achieve this goal, at least three actors must play an active role: the education sector through the curriculum; the media through programs, debates, and writing; and the judicial authority through speedy and cheap justice. Furthermore, the government must ensure the protection of women from any kind of violence, and the government ought to provide free legal assistance to women.

Finally, it is the obligation of women too to stand up for their rights and not give them up. Unless they do speak up, they will not receive their fair portion of property rights. The holy Quran, the Prophet Muhammad, and Pakistani law all recognize that women have an unalienable right to receive a fair portion of inherited property. In order to claim the appropriate portion of the assets bequeathed to them by their parents, children, or siblings, whatever that share may be, women should not be scared.

Kamran Khan Advocate

Email: kamranlucky210@gmail.com