The inheritance laws of Pakistan protect a woman’s right to property, often more strongly than secular law jurisdictions where inheritance can be bequeathed at will. Cognisant of the problems that can arise in a heavily male-dominated feudal society, women’s right to their inheritance has been protected through several laws, including the Muslim Family Laws Ordinance, 1961, the Prevention of Anti-Women Practices Act, 2011, and most recently the Enforcement Of Women’s Property Rights Act 2021.
However, male-dominated practices are so deeply rooted, especially in matters of property, that despite consistent emphasis on Islamic provisions which ordain a woman’s share in inheritance, less than 3 percent of women across Pakistan gain access to their share of inheritance. In family setups where men hold the majority of power, and it is considered shameful for women to go to courts or demand their rights, it is not surprising that despite law upon law, women are pressured or threatened to give up their God-given share.
Where the law slips up, the courts of the country attempt to cover the loopholes. The Supreme Court has through various precedents, tried to amend the lapses that exist in law that allow men to usurp or pressure the female relatives of their inheritance.
The most recent precedent on this was penned by the Supreme Court on Saturday, wherein the Court, acknowledging the many ways that women in this society can be misled to sign agreements disadvantaging them, shifted the burden of proof of relinquishment of inheritance in case of a pardanashin lady onto the person claiming the benefit of any such disposition. The Court also reiterated the steps to be taken to ensure that there is no undue influence: Mainly, that if she is illiterate, it must have been read over to her; if the terms are intricate they must have been adequately explained, and her degree of intelligence will be a material factor, but independent legal advice is not in itself essential.
This is an important precedent as shifting the burden of proof makes the process of going to court less daunting for women, who often back down from utilising legal remedies in fear of notions of respectability. It is hoped that this judgment will encourage a greater number of women to come to the courts for their legal rights.
However, male-dominated practices are so deeply rooted, especially in matters of property, that despite consistent emphasis on Islamic provisions which ordain a woman’s share in inheritance, less than 3 percent of women across Pakistan gain access to their share of inheritance. In family setups where men hold the majority of power, and it is considered shameful for women to go to courts or demand their rights, it is not surprising that despite law upon law, women are pressured or threatened to give up their God-given share.
Where the law slips up, the courts of the country attempt to cover the loopholes. The Supreme Court has through various precedents, tried to amend the lapses that exist in law that allow men to usurp or pressure the female relatives of their inheritance.
The most recent precedent on this was penned by the Supreme Court on Saturday, wherein the Court, acknowledging the many ways that women in this society can be misled to sign agreements disadvantaging them, shifted the burden of proof of relinquishment of inheritance in case of a pardanashin lady onto the person claiming the benefit of any such disposition. The Court also reiterated the steps to be taken to ensure that there is no undue influence: Mainly, that if she is illiterate, it must have been read over to her; if the terms are intricate they must have been adequately explained, and her degree of intelligence will be a material factor, but independent legal advice is not in itself essential.
This is an important precedent as shifting the burden of proof makes the process of going to court less daunting for women, who often back down from utilising legal remedies in fear of notions of respectability. It is hoped that this judgment will encourage a greater number of women to come to the courts for their legal rights.
