Inheritance Law in Pakistan: Federal Shariat Court Protects Women’s Rights

Inheritance law in Pakistan is not only about land, property, and legal shares. It is also about justice inside the family. Many women spend their whole lives being told that they should not ask for inheritance because it will break family honour, anger brothers, or violate local custom. In this powerful Federal Shariat Court judgment, the Court looked at customs such as Chaddar, Parchi, and Haq Bakhshwana and made one thing clear: no custom, jirga, emotional pressure, or family practice can take away a woman’s inheritance right granted by the Holy Quran and Sunnah.

Court Judgment Summary
Citation	2025PLD1		Inheritance
Court / Forum	Federal Shariat Court of Pakistan
Hon’ble Judges	Iqbal Hameedur Rahman C.J., Khadim Hussain M. Shaikh, Dr. Syed Muhammad Anwer, and Ameer Muhammad Khan, JJ
Petitioner		Respondent
Syeda Fouzia Jalaal Shah		Federation of Pakistan through Secretary Law and Justice, Islamabad and 14 others
Judgment Author		Justice Dr. Syed Muhammad Anwer
Final Decision		Petition partially accepted; customs depriving women of inheritance declared un-Islamic, illegal, void, and without legal force. Personal relief was refused as outside the FSC jurisdiction.

Why This Federal Shariat Court Judgment Matters

This judgment matters because the denial of women’s inheritance is one of the most painful realities in Pakistan. In many families, daughters, sisters, widows, and mothers are asked to remain silent. Sometimes they are told that asking for property is shameful. Sometimes they are pressured by family elders. Sometimes a jirga decides their future without giving them their lawful share.

The Federal Shariat Court treated this issue as a serious social evil, rather than a small family matter. The Court recognized that women inheritance rights in Pakistan are often denied under different names and customs. Some people call it Chaddar. Some call it Parchi. Some call it Haq Bakhshwana. Some do not give it any name at all. But the Court said the name is not important; the act is important.

This is why inheritance law in Pakistan must be understood by ordinary citizens, lawyers, students, and government departments. The right of inheritance is not charity. It is a legal and Islamic right.

Background of the Case

The petitioner, Syeda Fouzia Jalaal Shah, filed a Shariat Petition under Article 203-D of the Constitution of Pakistan. She challenged a local custom which, according to her, was known as Chaddar or Parchi in District Bannu, Khyber Pakhtunkhwa.

According to the petitioner, this custom was used to deprive women of inheritance in their ancestral property. She stated that women were either completely denied their share or forced to accept less valuable property. She also alleged that her mother, Syeda Iftikhar Bibi, had been deprived of her inheritance share in her father’s and husband’s property due to such custom.

The petitioner relied on the verses of Surah An-Nisa, especially verses relating to inheritance. She also relied on the Supreme Court judgment Ghulam Ali v. Mst. Ghulam Sarwar Naqvi, PLD 1990 SC 1, where principles relating to women’s inheritance rights had been discussed.

This case therefore raised a major question: can any local custom defeat the Islamic law of inheritance and deprive women of their lawful property rights?

This case shows why every family should understand inheritance law in Pakistan before following any local custom.

What Was the Chaddar and Parchi Custom?

The petitioner described Chaddar and Parchi as local practices through which women are deprived of inheritance. According to her, women in some areas are pressured through jirga or family influence to give up their ancestral property rights.

The respondents and provincial departments said that no such custom existed with the specific name of Chaddar or Parchi in their provinces. But the Federal Shariat Court did not limit itself to the name of the custom. The Court looked at the real harm: women were being deprived of inheritance under different forms and names.

This is the most powerful part of the judgment. The Court understood that injustice may hide behind different labels. If a family forces a woman to give up her share, the act remains unlawful even if it is not called Chaddar or Parchi.

For this reason, inheritance law in Pakistan cannot be defeated by changing the name of a custom.

Under inheritance law in Pakistan, no custom can take away a woman’s Quranic inheritance share.

Petitioner’s Arguments and Legal Position

The petitioner’s counsel was Hammad Saeed Dar, who appeared along with the petitioner. The petitioner’s main argument was that women were being deprived of their inheritance rights under a local custom, despite the fact that Islam clearly grants women their shares in inheritance.

The petitioner relied upon Surah An-Nisa, verses 7, 11, 12, and 14. These verses deal with inheritance shares and direct Muslims to give legal heirs their due rights. The petitioner argued that a custom which deprives women of inheritance is contrary to the Holy Quran and Sunnah.

She also relied on earlier case law, including PLD 1990 SC 1, to support the principle that women’s inheritance rights must be protected.

The petitioner also sought personal relief for her mother. However, the Federal Shariat Court later held that personal relief was outside the scope of a Shariat Petition under Article 203-D.

Respondents’ Responses and Government Positions

The Court received responses from several departments and provinces. These responses are important because they show how different parts of Pakistan are dealing with women property rights Pakistan and inheritance issues.

Khyber Pakhtunkhwa Response

The Government of Khyber Pakhtunkhwa denied that any custom existed with the specific name Chaddar or Parchi. However, it acknowledged that women’s inheritance rights are protected by Islam, the Constitution, and provincial law.

Khyber Pakhtunkhwa referred to the Khyber Pakhtunkhwa Enforcement of Women’s Property Rights Act, 2019. This law provides a remedy where women are illegally deprived of ownership or possession of property.

The report also stated that the Ombudsperson Secretariat had received many complaints relating to women’s property rights. The judgment recorded that 1742 complaints had been filed till 03 May 2024. Out of these, 552 were disposed of or closed, 140 were referred to other departments, 25 were on hold, and 1025 were under process.

These figures show that the problem is real. Inheritance law in Pakistan is not just a subject for books; it affects thousands of families.

Punjab Response

The Punjab Commission on the Status of Women stated that it had not received complaints about Chaddar and Parchi specifically. However, it recognized that a woman’s share in inheritance is a statutory right.

Punjab referred to several laws, including the Succession Act, 1925, Punjab Land Revenue Act, 1967, Punjab Land Revenue Rules, 1968, Letters of Administration and Succession Certificates Act, 2021, and Section 498-A PPC.

Punjab also highlighted that Section 498-A PPC punishes those who deprive women of inheritance through deceitful or illegal means.

Balochistan Response

The Government of Balochistan also denied that a custom named Chaddar or Parchi existed for depriving women of inheritance. However, it explained steps taken to implement Islamic inheritance rights and referred to the importance of Section 498-A PPC.

Balochistan also referred to efforts made after the judgment of the Balochistan High Court in Muhammad Sajid Tareen v. Government of Balochistan and others.

Sindh Response

The Sindh Commission on the Status of Women gave its response and discussed efforts to raise awareness about women’s inheritance rights. However, the Federal Shariat Court noted that Sindh was lagging behind in adopting specific legislation for enforcement of women’s property rights, compared with Punjab, Khyber Pakhtunkhwa, and Islamabad Capital Territory.

This observation is important. A right is not fully protected unless there is an effective mechanism to enforce it.

The Court’s Key Observation: The Name Does Not Matter

One of the strongest messages of this judgment is simple: the name of the custom does not matter.

The Court observed that government departments were acknowledging that women were deprived of inheritance, yet they were denying that any custom with the name Chaddar or Parchi existed. The Court explained that authorities must understand the seriousness of the crime. The name of the illegal practice is not relevant. The act itself is relevant.

This means that if a woman is deprived of inheritance, it does not matter whether the practice is called Chaddar, Parchi, Haq Bakhshwana, family compromise, jirga decision, emotional settlement, or anything else. If the result is denial of inheritance, the practice is unlawful.

This principle makes the judgment very strong for inheritance law in Pakistan because it closes the door on excuses.

Quranic Foundation of Women’s Inheritance Rights

The Federal Shariat Court referred to the Quranic basis of inheritance. The petitioner relied on the inheritance verses of Surah An-Nisa, which define the shares of legal heirs. The Court also discussed other Quranic warnings against unjustly consuming property and inheritance.

The judgment referred to Surah An-Nisa, verse 10, which warns against devouring the property of orphans unjustly. It also referred to Surah Al-Fajr, verses 19 and 20, where people are warned against consuming inheritance greedily and loving wealth excessively.

The Court also referred to Hadith warnings against depriving an heir of inheritance. The message is direct: inheritance is a divine command. A Muslim society cannot allow customs that defeat rights granted by Allah Almighty.

This is why inheritance law in Pakistan must be seen through both legal and Islamic lenses.

Section 498-A PPC: Criminal Protection for Women

A major part of the judgment discusses Section 498-A PPC. This section criminalizes the act of depriving a woman of inheritance through deceitful or illegal means.

The punishment under Section 498-A PPC may extend to ten years, but it cannot be less than five years, and it may also include a fine of one million rupees, or both.

This is a very important legal protection. The Federal Shariat Court observed that relevant departments may initiate criminal cases in serious and grave cases where women are deprived of inheritance.

This means denial of inheritance is not only a civil dispute. In serious cases, it may become a criminal matter. This is a major lesson for families and authorities.

For anyone studying new inheritance law in Pakistan, this judgment shows how Islamic principles, constitutional duties, and criminal law can work together to protect women.

This criminal protection makes inheritance law in Pakistan stronger for women who are deprived by force, fraud, or pressure.

For further reading, citizens may study how Section 498-A PPC protects women from being deprived of inheritance.

Haq Bakhshwana: Giving Up Rights Under Pressure

The judgment discussed a common illegal practice known as Haq Bakhshwai or Haq Bakhshwana, which literally means “giving up of rights.” The Court noted that such practices exist in different forms throughout the country.

In many families, women are forced or emotionally blackmailed into giving up their inheritance share in favour of male relatives. Sometimes they are told that asking for property will damage family relations. Sometimes they are made to sign documents. Sometimes they are pushed into silence by social pressure.

The Court recognized this as a serious injustice. Emotional pressure cannot turn an illegal deprivation into a valid act. If a woman gives up her inheritance because of force, deceit, fear, or manipulation, the law must look at the reality behind the document.

This is where sharia law inheritance principles become very important. Islam gave women inheritance rights at a time when many societies denied them property rights. Therefore, any custom that reverses this protection is against Islamic justice.

Why the Judgment Goes Beyond Bannu

Although the petitioner mentioned District Bannu and the customs of Chaddar and Parchi, the Court did not limit its declaration to Bannu only.

The Federal Shariat Court declared that any such custom or usage, whether known as Chaddar, Parchi, or any other name, in any part of any province of Pakistan, is un-Islamic and illegal if it deprives women of inheritance.

This makes the judgment national in its impact. It applies to the principle, not just the name or region. A harmful custom cannot survive simply because it is local, old, or accepted by some people.

For public awareness, this is one of the strongest parts of inheritance law in Pakistan.

Relief in Personam: Why Personal Relief Was Refused

The petitioner also asked for personal relief relating to her mother’s alleged deprivation from inheritance. The Court refused that part of the petition.

The reason was jurisdiction. A Shariat Petition under Article 203-D is meant for examining whether laws or legal provisions are repugnant to the injunctions of Islam. It is not meant to decide personal disputes between private parties in the same way as a civil court.

Therefore, the Federal Shariat Court did not grant personal relief to the petitioner’s mother. However, the broader public issue was accepted.

This distinction is important for law students and lawyers. The Court refused personal relief but still gave a major declaration against customs that deprive women of inheritance.

The Final Declaration of the Federal Shariat Court

The Federal Shariat Court partially accepted the petition. It declared that any custom or usage that deprives women of inheritance, whether wholly or partly, is un-Islamic, illegal, void, and without legal force.

The Court also declared that such practices may attract action under Section 498-A PPC. It further connected this duty with Section 13 of the Enforcement of Shari’ah Act, 1991, which requires the State to take effective measures for eradicating social evils and promoting Islamic virtues.

This final declaration is the heart of the judgment. It gives a clear public message: no custom can cancel a woman’s Quranic inheritance right.

Practical Lessons for Pakistani Citizens

The first lesson is simple. Inheritance law in Pakistan protects women, and no family custom can defeat that protection.

A daughter has a right to inheritance.

A sister has a right to inheritance.

A widow has a right to inheritance.

A mother has a right to inheritance.

A jirga cannot cancel these rights.

A brother cannot force a sister to surrender her share.

A family elder cannot use emotional pressure to take away a woman’s property.

A document signed under pressure may not reflect true consent.

A custom that deprives women of inheritance is void and illegal.

In serious cases, Section 498-A PPC may be used against those who deprive women of inheritance.\

You may also read our detailed article on gift deed in Pakistan to understand how courts examine Hiba, possession, and property transfer disputes.

Why Government Departments Must Act Proactively

The Court appreciated that different departments, commissions, and ombudspersons were working. But it also said they must act more continuously, vigilantly, and proactively.

This is important because many women do not know where to go. Some cannot afford long litigation. Some fear family pressure. Some are widows, elderly women, or economically vulnerable women.

Government departments should not wait for women to suffer silently. They should collect data, identify patterns, categorize different methods of deprivation, and take effective action.

The Court also said that authorities should understand that the name of the custom is not important. What matters is whether a woman is being deprived of her inheritance.

This is a practical direction for improving inheritance law in Pakistan enforcement.

Why This Judgment Should Be Treated as Landmark

This judgment is landmark because it speaks to a national problem. It does not only discuss one family or one custom. It addresses all customs, usages, and practices that deprive women of inheritance.

It also connects Islamic teachings, constitutional duties, provincial laws, penal law, and public administration.

For lawyers, it is important because it explains the scope of Federal Shariat Court jurisdiction and the difference between personal relief and public declaration.

For students, it is important because it shows how the Court analyzes Quranic injunctions, statutory law, and social realities together.

For ordinary citizens, it is important because it gives a clear message: women inheritance rights in Pakistan are not optional.

Key Takeaways

1. Inheritance law in Pakistan protects women’s inheritance rights.
2. Chaddar and Parchi customs cannot deprive women of property.
3. Haq Bakhshwana or forced surrender of rights is unlawful when it deprives women of inheritance.
4. The name of the custom does not matter; the illegal act matters.
5. Any custom denying women inheritance is un-Islamic, illegal, void, and without legal force.
6. Section 498-A PPC may apply in serious cases of deprivation.
7. Federal and provincial authorities must act more proactively.
8. Personal relief was refused because it was outside FSC jurisdiction under Article 203-D.
9. The broader public declaration was granted.
10. This judgment is a major Federal Shariat Court inheritance judgment for public awareness.

Conclusion

This Federal Shariat Court judgment is a powerful reminder that Islam gave women inheritance rights with clarity and dignity. No custom, no jirga, no family pressure, and no emotional blackmail can defeat those rights.

The judgment shows that inheritance law in Pakistan must protect the weak against the powerful, the silent against the pressuring, and the rightful heir against the usurper.

For Qanooni Dastak readers, the message is clear: a woman’s inheritance share is not a favour. It is not a gift from relatives. It is not dependent on family permission. It is a right recognized by the Holy Quran, Sunnah, and law.

Disclaimer

This article is for legal awareness and educational purposes only. It is not professional legal advice. For any personal legal matter, readers should consult a qualified lawyer.

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