In the Islamic Republic of Pakistan, a staggering paradox exists: while the Constitution of Pakistan and Shariah explicitly guarantee property rights to all, the reality for the majority of women is one of systemic dispossession. According to the Demographic and Health Survey 2017-18, a heart-wrenching 97 percent of women across Pakistan did not inherit land or a house [1]. This is not merely a legal failure; it is a “transgression against Divine Will” that keeps women in a cycle of economic dependency and social vulnerability.
The Cultural Cages: From Haq Bakshwai to Chaddar
The deprivation of women is often masked by local customs that are as un-Islamic as they are illegal. In rural Sindh and parts of Punjab, the tradition of Haq Bakshwai—literally “giving up the right to marry”—is used by feudal families to prevent the division of land. Women are sometimes “married to the Quran” to ensure property remains under the control of fathers or brothers.
In districts like Bannu, the customs of Chaddar or Parchi are used to force women into taking less valuable property or relinquishing their shares entirely through a Jirga. These practices are often fueled by emotional blackmail, where women are led to believe that claiming their inheritance (Warasat) will sever their ties with their brothers—often their only remaining male “protectors”. As the Supreme Court recently observed, these customs are “remnants of ignorance” that the message of Islam came to abolish.
The Patwari and the Paper Trail: Administrative Hurdles
Even when women want to claim their rights, they face a daunting bureaucratic maze. Historically, agricultural land records were maintained on paper by the patwari (land revenue), who often held enough discretion to sideline female heirs during the mutation (Intaaql-e-Warasit) process. Male heirs frequently exploit this by omitting sisters’ names from the Family Registration Certificate (FRC) or succession documents.
While the Land Records Management and Information System (LRMIS) in Punjab has digitized records—increasing daughters’ chances of inheriting agricultural property by over 50%—unintended consequences have emerged. Some families have reacted by marrying daughters off earlier or reducing their schooling in an “education-land trade-off”. This highlights that technical fixes like digitization must be paired with robust legal literacy and social change.
A New Judicial Era: The Law Strikes Back
The tide, however, is turning. The Federal Shariat Court (FSC) recently declared that denying a woman her inheritance on the pretext of local custom is strictly un-Islamic. Furthermore, the Supreme Court has reiterated that succession vests immediately upon the death of the owner, and no “relinquishment deed” is valid if it was obtained through coercion or without free consent.
Legally, the framework is stronger than ever:
- The Prevention of Anti-Women Practices Act 2011: Criminalizes depriving a woman of her inheritance with a punishment of up to 10 years in prison and a fine of one million rupees.
- The Enforcement of Women’s Property Rights Act 2020: Provides a faster alternative to the grueling civil court system by allowing women to file complaints directly with the Ombudsperson, who can order the restoration of possession and title.
The Path Forward: Empowerment Beyond the Decree
Winning a case in court is only half the battle. Many women, like “Kiran” whose story was highlighted in Dawn, settle for a fraction of their share just to end decades of litigation that takes a toll on their mental health. We need a “unified doctrine” that prioritizes substantive justice over procedural technicalities like the statute of limitations, which often bars women who only discover their disinheritance years later.
The state has a “sacred constitutional duty” to ensure that every woman is informed and enabled to claim her share without fear or dependence. This includes linking NADRA records with the Board of Revenue to prevent the “disappearance” of female heirs during mutations.
Inheritance is not a “concession” granted by men; it is a divinely ordained right. Until Pakistani society views the theft of a sister’s land as a “heinous crime” rather than a “local custom,” true gender justice will remain an elusive dream. It is time to move from the rhetoric of equality to the reality of possession.