In Pakistan, there is a set of act grounded on the constitution, statutes, and family and inheritance law framework that assist in safeguarding women’s rights within their families and when it comes to inheritance. These laws make sure women are not heartlessly taken away from their property and can get justice if there are challenges in their marriages. nevertheless, there are big disputes in making these rights a reality since implement of the laws is not strong enough, and old traditions still entertain a big role in many areas.
Constitutional & Stattutroy of Family & Inheritance law
- Constitutional guarantee: The Constitution of Pakistan shape the basis for women’s rights. Article 25 assure that everyone is treated equally under the law and stops distinction based on gender. Article 34 asks the government to assist women in taking part fully in every area of the country’s life.
- The Women’s Property Rights Act, 2020 is a federal law that offers a quick and efficient way for women to assert their rightful claim to property.
- This gives the Ombudsperson the control to negotiate with complaints from women who have been victimized and not given their fair share because of pressure, mistreatment, or deception.
- Provincial efforts: Provinces have created their own dispute resolution litigation laws to better protect women’s rights to their property. For instance, the Punjab Enforcement of Women Property Right Act, 2021, and changes to the Punjab Land Revenue Act have made the process of updating property records during inheritance clearer and required by law.
- The law called the Prevention of Anti-Women Practices Act, 2011, makes it a crime to take away a woman’s inherited property using trickery or illegal methods.
- The Supreme Court has always supported women’s rights to own property. In Pakistan, the Supreme Court has said that it is not lawful or in line with Islam to stop a woman from inheriting property, even if she gave up her share because of pressure.
Defense of Family Law
- Marriage and separation: The Muslim Family and inheritanc law framework from 1961 and the Dissolution of Muslim Marriages Act from 1939 offer important support and rights for women in their marriages.
- Consent: Women have the right to select willingly whether to get married, and it is upon the legislation to force someone into marriage. The Nikahnama, which is the marriage contract, display that the woman has given her consent.
- Dower and maintenance: A woman is legally allowed to ask for dower (Haq Mehr) and fiscal support from her husband while they are married and also during the iddat period after they get divorced.
A woman can ask for a divorce by going to a best inheritance property lawyer in Pakistant and asking for it.When it comes to taking care of children after a divorce, family courts look at what is best for the child. Usually, the mother is given custody when the child is very young.
Working Differences & Difficulties
Even though there are strong family and inheritance law framework on paper that protect women’s rights, there are still many problems that make it hard for women to use those rights in real life.
- In many areas of Pakistan, strong traditional beliefs and customs that favor men still influence people more than laws or religious teachings, causing women to face pressure to give up their share of inheritance so that male family members can receive it instead.
- Poor enforcement of laws can lead to slow court processes, threats, and people breaking the law. In some rural areas, old ways of settling disputes, like jirgas or panchayats, which can be unfair to women, are still used instead of the official legal system.
- Many women, especially in rural areas, don’t know about their legal rights when it comes to inheritance and family matters, which leaves them open to being taken advantage of.
- The legal system can be tough to understand, and sometimes people in charge might not be truthful, which can make it difficult for women to recover their property.
Islamic Rulea Based on Inheritance
For most Muslims, the way inheritance is handled follows the rules of Islamic Shariah.
- Quranic rules: In chapter 4 of the Quran, there are clear instructions about how inheritance should be divided among female relatives. For instance, a daughter usually gets half the share that a son would receive, but she is promised a certain amount that must be given to her and cannot be taken away.
- Women who go to court often deal with dread and not feeling secure. Their house members might blame them, serve them badly, or even menace to pain them. This create it difficult for them to stand up for their rights.
- Automatic vesting of rights means that family and inheritance law rights go to the legal heirs right when the property owner dies. If there is no will or if the will does not follow the shares set by Shariah, the inheritance is divided according to Islamic succession law.
- A person can write a will, but they can only leave up to one-third of their property through it. The other two-thirds have to be shared among family members as decided in the Quran.
Difficulties in Enforcing Women’s Rights
Even though there are legal safeguards in place, many things still cause a big difference between what the family and inheritance law say and how they are actually followed. Strong traditional beliefs about male superiority and family expectations often stop women, especially in rural areas, from getting their share of family property, as men are usually given priority.
- Lack of awareness: Many women do not know their legal and religious rights when it comes to inheriting property, which makes them easier targets for manipulation and dishonest actions.
- Poor enforcement: The application of laws is often blocked because courts are slow, there is no proper oversight of institutions, and society still sees it as shameful for women to fight for their rights in court.
- Fake papers: Sometimes, male family members use untrue information or documents to stop women from being listed in the family record (Shajra Nasab) or from getting succession certificates.
