- Despite legal provisions under Islamic law and Pakistan’s constitution, only 3% of women in Pakistan receive their rightful inheritance due to patriarchal norms, societal pressures, and weak law enforcement.
- Cultural barriers, such as family honor, dowry practices, and exchange marriages, often push women to forgo their inheritance, while legal and bureaucratic hurdles further complicate claims, especially for rural and underprivileged women.
- Denying women inheritance rights has significant economic impacts, contributing to gender inequality, poverty, and reduced economic participation, though recent legal reforms and awareness efforts are showing some promise in addressing the issue.
In Pakistan, inheritance rights are an area where gender inequality is stark and persistent. While Islam and the country’s laws provide for the legal right of women to inherit property, the actual implementation of these laws remains disturbingly low.
A mere 3% of women in Pakistan receive their rightful inheritance, a statistic that reflects broader systemic issues of patriarchal norms, legal hurdles, and societal pressures.
This phenomenon is not only a gender issue but also an economic and human rights problem that affects millions of women across the country. To understand the scope of the issue, it is essential to delve into the societal, legal, and cultural factors that contribute to this alarming statistic.
Legal Provisions: A Right on Paper
Pakistan’s legal framework theoretically ensures women’s inheritance rights. Under Islamic law, women are entitled to inherit, although the amount is often less than what their male counterparts receive. Specifically, a woman is generally entitled to half the share of her male siblings, which is a point of contention for gender equality activists. Nonetheless, even this diminished share often goes unclaimed due to the realities on the ground.
The Constitution of Pakistan, through Article 23, guarantees every citizen the right to acquire, hold, and dispose of property. Moreover, the Muslim Personal Law (Shariat) Application Act of 1962 mandates that inheritance matters for Muslims be governed by Islamic law, further entrenching the right of women to inherit. However, these laws are rarely enforced, and the majority of women, especially in rural areas, are unaware of their legal rights. According to a 2019 study by the World Bank, the lack of enforcement and knowledge means that women’s inheritance claims are often either ignored or manipulated in favor of male heirs.
Patriarchal Norms: A Barrier to Equality
One of the most significant barriers to women receiving their inheritance is Pakistan’s deeply entrenched patriarchal culture. In many rural areas, a woman claiming her inheritance is seen as a challenge to the family’s honor. Families often pressure women to “relinquish” their rights in favor of their brothers or male relatives, sometimes even under the guise of maintaining family unity.
In some cases, women are convinced that accepting their inheritance would alienate them from their family, leading to strained relationships or even disownment. For many women, the cost of family estrangement outweighs the benefit of receiving property, leading them to forego their rightful inheritance.
Additionally, customary practices such as “watta satta” (exchange marriages) and the concept of dowry are often used as justifications to deprive women of their inheritance. Families argue that dowry given at the time of marriage compensates for a woman’s share of the inheritance, a logic that does not hold under Islamic or constitutional law but remains culturally accepted.
Legal and Bureaucratic Challenges
Even when women are aware of their rights, the bureaucratic and legal processes involved in claiming inheritance are often cumbersome and rife with corruption. Many women, especially those from poor or rural backgrounds, lack the financial resources or knowledge to navigate the legal system. Court cases related to inheritance can drag on for years, and women often face intimidation or threats from male relatives during legal disputes.
Moreover, land record management in Pakistan is notoriously inefficient. According to a report by UN Women, the lack of proper documentation and clear land titles further complicates women’s ability to claim their inheritance. In rural areas, where informal and undocumented land ownership is common, it becomes even more difficult for women to prove their inheritance claims.
Economic Impact of Inheritance Denial
The economic implications of denying women their inheritance rights are profound. Inheritance is often the only form of significant wealth transfer in rural areas, and denying women their share reinforces economic dependency on male relatives. According to the World Economic Forum’s 2022 Global Gender Gap Report, Pakistan ranks 145th out of 146 countries in terms of economic participation and opportunity for women. The inability to claim inheritance plays a direct role in this economic disparity.
Land ownership, in particular, has been shown to empower women economically, giving them greater bargaining power and reducing their vulnerability to poverty and domestic violence. A study published by the United Nations Development Programme (UNDP) noted that women with property or land ownership are more likely to engage in income-generating activities and have a stronger voice in household decisions.
Efforts to Address the Issue
In recent years, there has been increased awareness of the need to enforce inheritance rights for women in Pakistan. The Punjab Partition of Property Act, 2012 was a step in the right direction, as it aimed to simplify and expedite the partitioning of family property, but enforcement remains a challenge. Some non-governmental organizations, such as the Aurat Foundation, have also been working to educate women about their legal rights and provide them with legal assistance to claim their inheritance.
In 2021, Prime Minister Imran Khan’s government announced an initiative to simplify inheritance claims through the National Database and Registration Authority (NADRA), allowing women to claim their inheritance through a streamlined process. While this is a positive development, the real challenge lies in changing the deeply ingrained cultural norms that prevent women from asserting their rights.
The Way Forward
Addressing the issue of women’s inheritance in Pakistan requires a multi-faceted approach. Legal reforms must be coupled with societal shifts in attitudes toward gender and property. Public awareness campaigns, particularly in rural areas, must educate women about their rights and provide them with the tools to claim what is legally theirs. Additionally, legal aid for women facing inheritance disputes should be made more accessible.
There is also a need for government and judicial intervention to ensure that inheritance laws are enforced and that women are protected from coercion or violence when attempting to claim their rights. Finally, land record digitization and improved access to legal documentation would make it harder for male relatives to manipulate or withhold property from women.
The statistic that only 3% of women in Pakistan receive their inheritance is a glaring reminder of the work that remains to be done in advancing gender equality. While the legal framework exists, the enforcement of these rights remains weak. Until systemic changes are made, millions of women will continue to be deprived of economic security, and trapped in cycles of poverty and dependence.
Sources:
- World Bank. (2019). Women’s Rights to Inheritance in Pakistan.
- UN Women. (2020). Inheritance Rights of Women in Pakistan: Obstacles and Opportunities.
- United Nations Development Programme (UNDP). (2021). Women’s Land and Property Rights in South Asia.
- World Economic Forum. (2022). Global Gender Gap Report.
- Aurat Foundation. (2021). Inheritance and Legal Aid Support for Women in Rural Pakistan.
