PCRP - Principal Centre for Research & Policy

Women’s Right to Inheritance in Islam and Pakistan: Normative Guarantees, Social Distortions, and Judicial Enforcement

Author: Anza Riaz Ahmed
Email: anzariazahmed1234@gmail.com

ABSTRACT

Islamic law, well before the emergence of modern constitutions, has explicitly acknowledged women as rightful heirs and has established their shares in inheritance. Nonetheless, women in Pakistan are still denied their inheritance due to the persistent patriarchal traditions, societal pressures, and the exploitation of legal mechanisms such as oral gifts, where property is verbally transferred and coerced relinquishment, which are often employed to deprive women of their rightful shares.

This article explores women's inheritance rights by analysing Islamic principles, constitutional protections, and judicial interpretations in Pakistan, highlighting a significant discrepancy between legal rights and actual practice. It concludes that meaningful protection of women’s inheritance rights depends on sustained judicial vigilance and the effective enforcement of existing legal frameworks to align social practice with both Islamic injunctions and constitutional obligations.

INTRODUCTION

Property and inheritance rights are crucial to achieving social justice and economic security. These rights are guaranteed by Pakistan's constitution and laws about religion. Article 23 of Pakistan's Constitution (The Constitution Of Islamic Republic Of Pakistan, n.d.) provides everyone the right to acquire, possess, and dispose of property, making this right gender-neutral in law, while Article 25 ensures equality before the law.

Alongside these constitutional protections, Islamic law and Quranic injunctions explicitly recognize women as independent legal entities with the ability to inherit property. Empirical studies indicate that a significant proportion, notably 86% of women, are deprived of their lawful shares in inheritance (Hameed, 2024).

This article argues that at a time when women were completely forbidden property and viewed as inheritable property, Islam gave them the ability to inherit (Hoque et al., 2013). The root of the problem lies in the gap between law and practice. Women’s inheritance rights, despite being clearly protected under Islamic inheritance law, continue to be denied due to widespread misconceptions about women’s shares and the inconsistent application of Pakistan’s evolving judicial framework.

INHERITANCE RIGHTS OF WOMEN IN ISLAMIC LAW

Before Islam, many societies, notably pre-Islamic Arabia, banned women from inheritance and denied basic civil rights (Bature & Sulong, 2024). Islam substantially changed this situation by recognizing women as legal heirs with fixed and enforceable portions.

Early scholars described a well-known event in which the wife of Sa’ad bin Rabi’ (RA) sought the Prophet Muhammad (SAW) after being refused inheritance by her husband's male relatives. In response, Qur'anic revelations were issued that explicitly recognized women's right to inherit.

The Qur’an explicitly states:

لِلرِّجَالِ نَص۪يبٌ مِمَّا تَرَكَ الْوَالِدَانِ وَالْاَقْرَبُونَۖ وَلِلنِّسَٓاءِ نَص۪يبٌ مِمَّا تَرَكَ الْوَالِدَانِ وَالْاَقْرَبُونَ مِمَّا قَلَّ مِنْهُ اَوْ كَثُرَۜ نَص۪يباً مَفْرُوضاً

This verse establishes that both men and women are entitled to a prescribed share in the property left by parents and close relatives, irrespective of whether the estate is large or small (Quran 4:7), leaving no ambiguity regarding women’s entitlement and rendering inheritance a compulsory right rather than a discretionary benefit.

Islamic inheritance law, known as faraʾid, is based on divine order and is not subject to personal preferences or cultural changes. In certain inheritance scenarios, especially when sons and daughters inherit together, a male heir receives a share equal to that of two female heirs. These prescribed shares are mandatory and can only be changed by consent and voluntary relinquishment, not by force or custom (Siddiqui, n.d.).

Islam further emphasizes the dignity and autonomy of women in financial matters.

The Qur’an explicitly states:

يَـٰٓأَيُّهَا ٱلَّذِينَ ءَامَنُوا۟ لَا يَحِلُّ لَكُمْ أَن تَرِثُوا۟ ٱلنِّسَآءَ كَرْهًۭا ...

“O you who believe! It is not lawful for you to inherit women against their will” (Surah Nisa 4:19).

This verse emphasizes that women's consent to any transfer or relinquishment of their property is utterly important.

ISLAMIC PRINCIPLES GOVERNING INHERITANCE SHARES

Jurists have consistently clarified that Islamic inheritance law does not operate on a uniform gender-based formula. Fyzee (1974) categorises heirs into:

Qur’anic heirs (zaw al-furūḍ)
Agnatic heirs (ʿaṣabah)
Distant relatives (zaw al-arḥām)

Women form a numerical majority among Qur’anic heirs whose shares are explicitly fixed in the Qur’an. While the principle of a male receiving twice the share of a female applies in limited agnatic scenarios, it does not represent the overall system.

Qur’anic injunction (Surah An-Nisa 4:11)
“Allah commands you as regards your children's (inheritance); to the male, a portion equal to that of two females...”

Scholars such as Coulson (1971), Yusuf Ali (1998), and Maulana Muhammad Abdur Rahman & Mumin (2009) emphasize that this allocation is grounded in distributive fairness rather than gender hierarchy.

In many scenarios, women:

inherit equally,
inherit more than male counterparts, or
inherit to the exclusion of male relatives.

Despite this rationale, selective emphasis on the 2:1 ratio has fueled perceptions of Islamic inheritance law as discriminatory, enabling societal practices that deprive women of their divinely mandated rights.

JUDICIAL PROTECTION OF WOMEN’S INHERITANCE RIGHTS IN PAKISTAN

The judiciary has recognized this persistent problem and taken steps to safeguard women’s rights.

The Federal Shariat Court ruled that customs such as Chaddar or Parchi practices are un-Islamic.
Coercive practices like Haq Bakhshwai violate Qur'an and Sunnah.
The Enforcement of Shari'ah Act, 1991 and Section 498-A PPC mandate protection of women’s inheritance rights.

In Aksar Jan v. Shamim Akhtar (2024), the Supreme Court imposed a strict burden of proof on claims of oral gifts, requiring proof that they were voluntary, intentional, and legitimate.

Earlier cases reinforcing these principles include:

Ghulam Ali v. Mst. Ghulam Sarwar Naqvi (1990)
SHABLA v. Ms. Jahan Afroze Khilat (2019)
Tahsimullah v. Mst. Parveen (2022)
Mst. Parveen v. Muhammad Pervaiz (2022)
Ghulam Qasim v. Mst. Razia Begum (2021)

Collectively, these rulings establish that women’s inheritance rights cannot be waived through coercion or custom, and courts have a proactive duty to protect them.

RECOMMENDATIONS

1. Enhancing Gender-Sensitive Judicial Mechanisms

Courts must adopt a gender-responsive approach, ensure trained judicial officers, provide legal aid, and create a safe, accessible environment for women asserting inheritance rights.

2. Creation of a Qualified Islamic Inheritance Authority

A specialized authority should oversee inheritance distribution, verify voluntary relinquishment, prevent coercion, and coordinate with institutions like NADRA.

3. Use of Media for Legal and Religious Awareness

Mass media should disseminate accurate legal and Islamic perspectives to counter myths and highlight remedies and consequences.

CONCLUSION

Islam grants women clear, enforceable inheritance rights, reinforced by Pakistan’s Constitution. Persistent deprivation arises not from Islamic law but from its distortion through patriarchal customs. Sustainable reform requires enforcement, awareness, and institutional support. Upholding women’s inheritance is a legal, moral, and religious obligation essential for social justice and gender equality.

REFERENCES

Aksar Jan v. Shamim Akhtar and others, Civil Petition No. 4576 of 2023 (Supreme Court of Pakistan September 25th, 2024).
Coulson N.J. (1971). Succession in the Muslim Family. Cambridge University Press.
Ghulam Ali v. Mst. Ghulam Sarwar Naqvi, PLD 1990 SC 1 (Supreme Court of Pakistan 1990).
Ghulam Qasim v. Mst. Razia Begum, PLD 812 (The Supreme Court of Pakistan 2021).
Hameed, M. (2024). Modern Diplomacy – All Views All Voices. Malakand.
Maulana Muhammad Abdur Rahman & Maulana Muhammad Khalilur Rahman Mumin. (2009). Islamic Inheritance Law, Research Paper Collection-6, Research Department, Bangladesh Islamic Centre, Dhaka (1st ed.).
Mst. Parveen v. Muhammad Pervaiz, SCMR 64 (The Supreme Court of Pakistan 2022).
Fyzee, A. A. Asaf (Ed.). (1974). Outlines of Muhammadan Law (4th ed.). Oxford University Press.
SHABLA v. Ms. Jahan Afroz Khilat and others, Civil Appeals Nos. 1520, 1521 and 1522 (The Supreme Court of Pakistan November 13th, 2019).
Tahsimullah v. Mst. Parveen, SCMR 364 (The Supreme Court of Pakistan 2022).
Yusuf Ali, Q. (1998). The Status of Women in Islam.
Bature, M. M., & Sulong, J. (2024). Inheritance Distribution among Muslims: A Comparative Analysis on the Practice of Some Muslim Countries, 14(1), 3125–3136. https://doi.org/10.6007/IJARBSS/v14-i1/20769
Hoque, K. A., Uddin, M. J., & Islam, M. S. (2013). Inheritance Rights of Women in Islamic Law: An Assessment, 45–58.
Quran 4:7, Surah Nisa (n.d.). Islam PDF Surat – English Surah Nisa.
Siddiqui, F. A. (n.d.). Islamic Law of Inheritance.
Syeda Fouzia Jalaal Shah v. Federation of Pakistan, Shariat Petition No. 10-I of 2023.
The Constitution of the Islamic Republic of Pakistan. (n.d.). The Constitution of the Islamic Republic of Pakistan, 1–176.