By Hafiz ullah Storai Sherani
ISLAMABAD
In a major judicial intervention aimed at safeguarding the financial independence of female heirs, the Federal Constitutional Court (FCC) has established stringent legal guidelines to block the unfair deprivation of women from their ancestral property. The apex court directed lower courts and administrative bodies to apply a rigorous standard of review, known as heightened scrutiny, whenever processing property transfers, gifts, or settlements that reduce or terminate a woman’s share in an estate.
The landmark ruling, authored by Chief Justice Aminuddin Khan on behalf of a bench that included Justice Ali Baqar Najafi, accepted an appeal filed by Bibi Amina. The FCC overturned a prior ruling by the Balochistan High Court (BHC) dated June 25, 2025, which had validated a controversial settlement that effectively left two sisters empty-handed.
Sharing his perspective on this historic development, Advocate Munir Kakar, Member of the Pakistan Bar Council and former member of the Judicial Commission of Pakistan, told
Voicepk.
“This decision will significantly increase the chances of women receiving their rightful share in property; in our society, it is common practice that once a sister or daughter is married off into another family, parents and brothers deny them their inheritance,” said the lawyer. “The underlying justification is often the fear that in-laws from a different clan or tribe will become stakeholders in their village land. This systemic compulsion leaves women vulnerable and deprives our sisters and daughters of their Islamic and legal rights. I view this as an exceptional ruling and strongly demand its immediate implementation.”
The legal battle originated when the petitioners, including Bibi Sabza the daughters and legal heirs of the late Abdul Rehman sued their brothers to demand the declaration and physical partition of their lawful Sharia shares. During the litigation, a written compromise was presented, leading the trial court to dispose of the case on June 15, 2021, under Order XXIII Rule 3 of the Code of Civil Procedure (CPC). However, the sisters subsequently challenged this decree under Section 12(2) of the CPC, asserting that their consent was manipulated through fraud, active concealment of facts, and misrepresentation.
While the trial court initially restored the lawsuit on November 8, 2022, after finding merit in the sisters’ fraud application—a decision upheld by a revisional court on August 20, 2024—the BHC later reversed these findings and restored the compromise decree, a move now struck down by the FCC.
Highlighting the psychological and structural barriers women face in such disputes, prominent women’s rights activist Farzana Bari applauded the decision.
“This is an excellent judicial decision because, obviously, the statutory law already establishes women’s inheritance rights,” she said. “However, ground realities show that women are routinely denied these rights through various pretexts, sometimes with dowry as an excuse. Brothers often manipulate their sisters by warning them that if they do not sign away their rights, they will be cut off from family support during future hardships. This creates immense psychological pressure, making women fear the total breakdown of familial ties if they demand their share.”
She added that forced signatures and fraudulent documentation are common, especially since many women are illiterate.
“I believe this court decision will strengthen our legal system by empowering women with complete awareness of their rights. Ideally, ancestral property should automatically transfer to both sons and daughters upon a parent’s demise, removing the need for women to explicitly beg for their share. This is a crucial ruling, and its eventual success depends on strict enforcement.”
In its comprehensive 33-page judgment, the FCC observed that in a social landscape where women are systematically pressured, coerced, or deceived into relinquishing their divinely ordained and legally protected shares, courts bear an elevated responsibility to evaluate such transactions with maximum vigilance. The bench declared that the abhorrent practice of disinheriting women must be condemned globally and eliminated through institutional resolve.
Addressing the religious obligations and the reality of forced relinquishment, Mufti Syed Saadullah Shah explained the Sharia perspective.
“Under Islamic jurisprudence, the inheritance share of two sisters equals that of one brother. Unfortunately, our society routinely denies daughters and sisters their Sharia rights, often dismissing their claims by casually asserting that the woman ‘gifted’ or ‘forgave’ her share to her brothers,” he said. “Sharia does not accept such excuses, nor does it recognize the argument that high wedding expenses absolve brothers of their duties. Legally and religiously, a daughter holds an absolute right to her deceased father’s estate. When a father passes away, it is mandatory for brothers to document the exact share of their sisters on paper, making it transparently clear to them. In the case of monetary funds, the cash should be directly presented to the sister, making her the absolute owner of that capital. Our society evades this practice because women fear that demanding their share will anger their brothers and permanently close the doors of their paternal homes to them. The true Sharia command dictates that the money or property must first be handed over to the woman; only after gaining full possession can she choose to return it of her own free will. Since this rarely happens in reality, this court ruling brings a glimmer of hope for positive change.”
Under the newly formulated FCC principles, the burden of proof shifts heavily onto the beneficiary of any property settlement. The beneficiary must provide unimpeachable evidence establishing that the woman acted consciously, voluntarily, and with full knowledge of the transaction.
Additionally, courts must verify that the female executant had access to independent, neutral counsel and that the documents were translated into a language she fluently understood. Any transaction found to be grossly unfair, heavily one-sided, or executed under suspicious circumstances will face an adverse inference unless fully justified by the beneficiary.
Emphasizing the role of community leaders in driving this legal shift, Mufti Khayali Jan concluded:
“While court decisions regarding women’s property rights are vital, religious scholars must also play an active role. The community needs to be educated that women possess the same fundamental financial and material needs as men, and their rights are equal in the eyes of the law. I strongly advise women never to waive or forgive their lawful inheritance. This fresh intervention by the court is undoubtedly a step in the right direction.”
Concluding the judgment, the FCC mandated that no lower court or revenue authority may uphold any deprivation or relinquishment of inheritance rights without first creating an explicit, affirmative judicial record proving the woman’s genuine and informed consent.
