About the Author(s)
Manahil Irfan
The author is a final-year law student with a keen interest in Women’s rights, Environmental Laws and Arbitration. She has successfully completed legal internships with notable institutions such as the Ombudsperson Office KP, Sarosh ADR Centre and Aain Wa Qanoon. She is currently a fellow member of the Youth Climate & Education Fellowship Program and an intern at the Centre for Governance & Public Accountability Organization.
In Pakistan, where 51% population is female, the struggle for women’s rights, especially those related to property, has lasted for many years. Implementing laws faces major problems in a society where legal rights are not widely known or understood, keeping in view that only 48% of women are educated. Religious scholars and community leaders, who significantly impact cultural values and the shaping of society, can be key players in promoting a more equitable understanding of women’s rights. Even though women have explicit legal safeguards like the right to inheritance and the right to dower or return dowry items, cultural conventions and false beliefs about Shariah law can occasionally prevent them from exercising their property rights.
When I worked as an intern at the Peshawar Ombudsperson Office, I got to know many women from different backgrounds who were all having the same difficulties trying to get their property back or the issues faced during the enforcement of the final order. Notwithstanding the constitutional rights outlined in Article 23, which guarantee everyone’s equality and the “right to acquire, hold, and dispose of property,” there is still a large disparity between the application of the law and its execution.
International Legal Frameworks and National Commitments.
Pakistan is required by international law to protect women’s property rights as a signatory to the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). CEDAW Article 15 requires equal treatment for women in legal proceedings, including property ownership. However, the Global Gender Gap Index (GGGI) 2023 placed Pakistan 145th out of 146 nations, highlighting the severe gender inequality that still exists in the nation.
Ghulam Qasim v. Razia Begum is a landmark case that depicts the barriers faced in applying the law. In this case, the Pakistan Supreme Court acknowledged the difficulties in preserving women’s inheritance rights, even with explicit constitutional safeguards. The Enforcement of Women’s Property Rights Act, 2020 was enacted in response to this ruling to safeguard women’s property rights.
Islamic Law and Inheritance Rights.
Pakistan’s inheritance laws are based on Islamic precepts. Legal heirs’ rights are protected under the Muslim Family Law Ordinance 1961. In accordance with Islamic law, a Muslim’s estate is divided right away after death, with different portions going to male and female heirs. These shares are outlined in detail in Surah An-Nisa, Chapter 4 of the Quran, which emphasizes the significance of giving women their due share.
Social Barriers and the Role of Religious Scholars.
In Pakistan, where blasphemy laws are sometimes abused, it might be difficult to advocate for gender-neutral treatment when it comes to women’s property rights. Religious Scholars have a significant impact on how society views women’s rights, especially in rural areas where community leaders frequently derive their power from religious legitimacy. Regretfully, interpretations of women’s inheritance rights are sometimes misinterpreted or completely ignored to favors male heirs.
The ability of religious scholars to bridge the gap between the application of the law and its implementation could be crucial. Through cooperation with the government and legal establishments, they can advance legitimate interpretations of Shariah that protect the property rights of women. Here are a few ways that government officials and religious experts can collaborate;
Educational initiatives: To inform communities about the genuine Islamic regulations regarding women’s inheritance rights, Religious scholars have the authority and influence to lead initiatives on a national scale due to their respected positions in society. Public awareness campaigns should dispel myths and emphasize the significance of granting women their rightful portion of property when they are carried out through mosques and religious assemblies.
Integration and Training with Legal Systems: Governmental organizations can provide religious academics with legal frameworks, including the Enforcement of Women’s Property Rights Act, through training programs. By integrating religious ideas with legal frameworks, experts can offer advice that is compliant with both Shariah and domestic legal systems.
Collaborative Enforcement: To guarantee that court decisions protecting women’s property rights are respected, community-based enforcement procedures can be set up with religious scholars, local authorities, and government representatives.
Awareness regarding Gift Deed Misuse: Women are frequently forced to sign gift or relinquishment deeds that give up their inheritance rights. Legal professionals and religious academics can collaborate to spread the word about how such deeds are void under Pakistani law and Shariah. Religious leaders need to spread the message that Islamic law does not recognize relinquishment without deliberation, as the courts have previously acknowledged.
Despite legislative initiatives, a positive court decision signals the start of the true battle for women. Pakistan lacks an effective system of enforcement to guarantee the practical application of court rulings. Delays in implementing a court’s decision to transfer property to a woman might persist for years. While religious figures can contribute to a cultural shift that recognizes women’s rights, the implementation of court decisions presents another significant obstacle. Even in cases where women can obtain a favourable property-related court ruling, they frequently encounter unmanageable delays in the enforcement of these decisions. Many women are left in precarious situations because powerful individuals or male relatives may hinder or postpone the court’s decision from being carried out.
Pakistan, on the other hand, could draw inspiration from nations like the UK. In the United Kingdom, High Court Enforcement Officers oversee property-related disputes and enforce possession orders. Strong land registration laws that increase accountability and transparency support their enforcement by facilitating the unhindered execution of court orders.
The lack of stringent compliance procedures and the absence of strict sanctions for non-enforcement constitute Pakistan’s system’s main weaknesses. Women are frequently prevented from taking ownership of their property even after obtaining a court ruling because local authorities take too long to act and don’t have the resources or motivation to uphold the law. Thus, while religious leaders can help society accept women’s property rights more widely, this needs to be supported by a strong and effective enforcement system. Women’s rights must be respected in practice as well as on paper, which means bolstering the judiciary’s enforcement power, enacting sanctions for non-compliance, and streamlining bureaucratic procedures.
In conclusion, despite Pakistan’s significant legislative progress in addressing women’s property rights, enforcement issues still exist. With their enduring power, religious experts can be invaluable allies in changing social norms and guaranteeing women’s inheritance. Pakistan’s national and international commitments to gender equality require the government to support this cooperation and uphold the law, while religious leaders can help society accept women’s property rights more widely, this needs to be supported by a strong and effective enforcement system. Women’s rights must be respected in practice and on paper, bolstering the judiciary’s enforcement power, enacting sanctions for non-compliance, and streamlining bureaucratic procedures.