Shariat Court declares forced inheritance waivers for women ‘un-Islamic’

Shariat Court Declares Forced Inheritance Waivers For Women Un Islamic

In a landmark decision reinforcing women’s property rights in Pakistan, the Federal Shariat Court (FSC) has declared the practice of Chaddar and Parchi—which deprives women of their inheritance rights—un-Islamic and illegal.

A three-member bench, led by Chief Justice Iqbal Hameed ur Rahman and including Justices Khadim M Shaikh, Dr Muhammad Anwar, and Ameer Muhammad, issued the ruling while disposing of a petition filed by Syeda Fouzia Jalaal Shah. The petition challenged the longstanding custom, particularly prevalent in District Bannu, Khyber Pakhtunkhwa (KP), that forces women to relinquish their rightful inheritance under social pressure or jirga decisions.

The court unequivocally ruled that any custom—by the name of Chaddar, Parchi, or any other—depriving women of their legal inheritance is in direct violation of the Quran and Sunnah. It declared such practices void, illegal, and without any legal standing. Additionally, it directed authorities to take action against violators under Section 498-A of the Pakistan Penal Code (PPC) and called for nationwide awareness campaigns to ensure the enforcement of women’s inheritance rights.

Despite the KP government denying the existence of Chaddar and Parchi, evidence presented during the hearing confirmed that the practice persists in certain areas, systematically depriving women of their ancestral property.

The court emphasized that protecting women’s inheritance rights falls under the state’s constitutional duty of Amr bil Maroof Wa Nahi Anil Munkar—promoting good and preventing evil—under the Enforcement of Shari’ah Act, 1991.

Women’s rights groups and legal experts have welcomed the ruling as a major step toward ending discriminatory customs. However, they stress that systemic corruption and societal pressures often hinder women from exercising their legal rights. According to Transparency International, even where legal protections exist, enforcement remains a significant challenge.

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