Federal Constitutional Court upholds women’s inheritance rights

The Federal Constitutional Court has issued a landmark ruling, declaring that no local custom, tradition, or family arrangement can override a woman’s legal right to inheritance.

In its detailed judgment, the court stated that denying women their share in inheritance is not only a violation of national law but also contrary to Islamic injunctions.

The court emphasised that inheritance rights for women are clearly established in the Holy Quran and cannot be negated through social pressure, cultural practices, or fraudulent means. It observed that, regrettably, women in many parts of society are still deprived of their rightful share in property through coercion or manipulation.

The bench further noted that it is the responsibility of courts to carefully examine inheritance-related disputes to ensure that women are not deprived of their lawful rights.

The Federal Constitutional Court issued the ruling while hearing a case filed by a woman identified as Bibi Amina from Balochistan. The court set aside a judgment of the Balochistan High Court and directed that the distribution of the family property be determined by a civil court.

It ordered the civil court to decide the shares in accordance with constitutional provisions and relevant inheritance laws after evaluating all properties belonging to the applicant’s parents.

According to case details, Bibi Amina had challenged the alleged refusal of her brothers to include her in the distribution of the entire family estate.