- Inheritance-denying customs like ‘Chaddar’, ‘Parchi’, and ‘Haq Bakhshwai’ declared illegal and un-Islamic by FSC.
- Criminal proceedings under Section 498-A PPC recommended for perpetrators depriving women of rightful inheritance.
- State authorities directed to enforce women’s inheritance rights and promote awareness under Shari’ah enforcement laws.
Federal Shariat Court Strikes Down Regressive Customs
In a historic and far-reaching judgment, the Federal Shariat Court (FSC) has ruled that all customs and practices which deny women their rightful inheritance are not only un-Islamic but also carry no legal weight. The four-member bench, headed by Chief Justice Iqbal Hameedur Rehman and including Justice Dr Syed Muhammad Anwar, Justice Khadim Hussain M. Sheikh, and Justice Ameer Mohammad Khan, delivered the verdict in a 21-page decision that may prove to be a significant milestone in the legal empowerment of women in Pakistan.
A Blow to ‘Chaddar’ and ‘Parchi’ Traditions
The ruling comes in response to a petition challenging the customary practices prevalent in areas like Bannu district, such as ‘Chaddar’ or ‘Parchi’ — informal arrangements that have long deprived women of their rightful inheritance. These practices often forced women to either forgo their legal share or settle for significantly lesser portions through coercive mechanisms like jirgas.
Declaring such customs as “void and unlawful,” the court emphasized that they blatantly violate the inheritance rights prescribed in the Holy Quran and Sunnah. These customary practices were deemed not only culturally oppressive but criminal in nature.
Customs Disguised as Consent: ‘Haq Bakhshwai’ Exposed
The judgment also addressed the widespread custom of ‘Haq Bakhshwai’ or ‘Haq Bakhshwana’ — a deeply entrenched social evil where women are manipulated, coerced, or emotionally blackmailed into relinquishing their inheritance rights in favor of male relatives. The FSC clarified that such acts, often falsely masked as voluntary consent, are in fact illegal and must be dealt with accordingly under the penal law.
Criminal Proceedings Recommended Under Section 498-A
The court directed the government and relevant provincial departments to initiate criminal cases against perpetrators under Section 498-A of the Pakistan Penal Code. This section, introduced through the Criminal Law (Third Amendment) Act, 2011, specifically targets those who deprive women of their property or inheritance rights.
Authorities have also been encouraged to publicize actions taken against offenders to spread awareness and discourage such practices. This is in line with Section 13 of the Enforcement of Shari’ah Act, 1991, which emphasizes the state’s role in promoting Islamic principles and values through actionable enforcement of justice.
An Obligation of the State: Amr bil Maroof Wa Nahi Anil Munkar
The court further stated that ensuring the protection of women’s inheritance rights falls under the religious and legal duty of “Amr bil Maroof Wa Nahi Anil Munkar” — the Islamic principle of enjoining good and forbidding evil. As such, the state is not only legally but also morally responsible for eliminating such injustices from society.
Quranic Injunctions Reinforced
The judgment reinforced Quranic verses — particularly Verses 7, 11, 12, and 14 of Surah Nisa — which clearly outline the inheritance shares for women and emphasize that no heir can be denied their rightful share. The court upheld that deviation from these commands is a direct violation of both Islamic injunctions and constitutional guarantees.
Inheritance-denying customs like ‘Chaddar’, ‘Parchi’, and ‘Haq Bakhshwai’ declared illegal and un-Islamic by FSC.
Criminal proceedings under Section 498-A PPC recommended for perpetrators depriving women of rightful inheritance.
State authorities directed to enforce women’s inheritance rights and promote awareness under Shari’ah enforcement laws.
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