Shariat Court Rules Against Forced Inheritance Waivers for Women, Calling Them ‘Un-Islamic’

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Hassan Khan

Shariat Court Rules Against Forced Inheritance Waivers for Women, Calling Them ‘Un-Islamic’

In a historic ruling upholding women’s property rights in Pakistan, the Federal Shariat Court (FSC) has declared the practices of Chaddar and Parchi—used to deny women their inheritance—both 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 verdict while hearing a petition filed by Syeda Fouzia Jalaal Shah. The petition challenged the longstanding custom, particularly prevalent in District Bannu, Khyber Pakhtunkhwa (KP), where women are pressured into forfeiting their rightful inheritance through social coercion or jirga decisions.

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The court ruled that any practice—whether called Chaddar, Parchi, or any other name—that deprives women of their inheritance is a direct violation of the Quran and Sunnah. It declared such customs null and void, directing authorities to take action against violators under Section 498-A of the Pakistan Penal Code (PPC). The court also called for nationwide awareness campaigns to ensure women’s inheritance rights are upheld.

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

The court emphasized that safeguarding women’s inheritance rights is the state’s constitutional duty under the principle 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 praised the ruling as a significant step toward eliminating discriminatory customs. However, they caution that corruption and societal pressures continue to prevent many women from exercising their legal rights. According to Transparency International, legal protections exist but enforcement remains a major challenge.

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