ISLAMABAD: The Supreme Court has held that a state which fails to safeguard the inheritance rights of its women fails in its duty to uphold the principles of equity, faith and justice.
“A society that turns a blind eye to deprivation of inheritance rights of its women defies the spirit of Constitution and express Command of Allah Almighty,” says a seven-page judgement authored by Justice Athar Minallah, former judge of the Supreme Court.
Before his resignation, Justice Minallah along with Justice Irfan Saadat Khan had heard an appeal on August 29, filed by one Abrar Hussain against the judgement passed by the Sindh High Court.
The case was related to a property dispute between the petitioner Abrar Hussain and his sister Bibi Shahida, who had filed a complaint in March 2015. She had demanded her share after her father passed away in 2022 as well as her two other siblings, but her brother Abrar Hussain declined to do so.
The court dismissed the appeal of Abrar Hussain, upholding the SHC judgement. The court held that the strength of a nation lies in the protection of its most vulnerable classes. “As directed in our short order of even date, a cost of Rs5,00,000/- was imposed on the petitioner to be deposited with the Registrar of this court within seven days,” the court noted and directed that the amount so deposited shall be distributed amongst the legal heirs declared by the trial court.
Before parting, the court observed that it is incumbent upon the State under the Constitution and the clear injunctions of Islam, to ensure the effective and unfettered realisation of women’s right to inheritance.
“This right is not a concession granted by human law but a divinely ordained command, explicitly declared in the Holy Quran,” says the judgement, adding that any denial or obstruction of this right is, therefore, not merely unlawful but transgression against Divine Will.
The court noted that cultural or societal practices that deprive women of their rightful inheritance are rooted neither in faith nor in justice; they are remnants of ignorance which the message of Islam came to abolish.
“The State bears a sacred constitutional duty to uproot such practices by ensuring that every woman is informed of, and enabled to claim, her rightful share in inheritance without delay, fear or dependence on lengthy litigation,” says the judgement, adding that it must establish a proactive and accessible mechanism through which women can be identified, reached out to, and assisted in securing their lawful entitlements.
“Furthermore, those who, through coercion, deceit, or undue influence deprive women of this divinely bestowed right must be held accountable under the law and made answerable,” the court declares.
