The Supreme Court of Pakistan has emphasized that the state has a constitutional and Islamic duty to ensure every woman receives her rightful share of inheritance. The judgment, authored by Justice Athar Minallah and released on Saturday, called for a proactive mechanism to assist women in claiming this “divinely ordained” right.
The verdict came in a property dispute between Abrar Hussain and his sister, Bibi Shahida. Shahida had filed a complaint in 2015, claiming that after their father’s death in 2002, Hussain refused to provide her and their other siblings their lawful shares, taking exclusive possession of the property.
Justice Minallah noted that Hussain’s persistent litigation was an attempt to “delay and frustrate the rights of the other legal heirs,” and described the denial of inheritance as both unlawful and “a transgression against Divine Will.” The court dismissed Hussain’s appeal against earlier lower court rulings in his sister’s favor and imposed a fine of Rs500,000, directing that it be distributed among the legal heirs.
The Supreme Court stressed that the state must establish a “proactive and accessible mechanism” to identify women and assist them in securing their inheritance without fear, delay, or dependence on lengthy litigation. The court also warned that those who deprive women of their rights through coercion, deceit, or undue influence must be held accountable.
The ruling aligns with the Federal Shariat Court’s March 2025 verdict, which declared customary practices such as ‘Chaddar’, ‘Parchi’, or ‘Haq Bakhshwai’—used to deny women inheritance rights—as “un-Islamic” and legally invalid.
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The court underscored that inheritance rights are not a concession from human law but a divinely ordained command in the Quran, and that denying these rights violates both constitutional principles and Islamic injunctions.
Background of the Property Dispute:
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In 2015, Shahida alleged Hussain illegally retained the property and withheld rental income from other heirs.
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A 2019 trial court ruled in her favor, ordering the property to be partitioned or sold, with proceeds distributed among heirs, and directed Hussain to pay mesne profits from the rent.
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Hussain’s appeals were subsequently dismissed by both the Sindh High Court in 2023 and earlier appellate courts.
The judgment highlights the Supreme Court’s commitment to protecting women’s inheritance rights and ensuring state mechanisms are in place to prevent deprivation through societal or cultural practices.
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