Inheritance ruling

The Federal Constitutional Court (FCC) has delivered a ruling that fundamentally recalibrates the protection of women's inheritance rights in Pakistan. In a 33-page judgment authored by Chief Justice Aminuddin Khan, the court has set aside a Balochistan High Court decision that had upheld a compromise agreement effectively disinheriting two sisters. The judgment establishes comprehensive safeguards that govern how all courts and revenue authorities handle any transaction affecting a female heir's lawful share.

The heart of the judgment lies in its unequivocal rejection of the all-too-common practice of depriving women of their inheritance through "subtle coercion, social pressure, manipulation and fraudulent devices". The ruling says that any arrangement depriving a female heir of her lawful inheritance, "without strict proof of free, informed, and independent consent, is liable to be viewed with the gravest suspicion and subjected to the most exacting judicial scrutiny."

This is not just a clarification of existing law, but a philosophical shift in interpretation. The FCC has made it clear that a woman's inheritance is not a grant from the state but a God-given right, which cannot be challenged by the state or any person except the woman in question. No regional customs, family traditions or social practice can be put forward to deny a woman of her inheritance right, and the burden of proof will now rest "heavily" upon the beneficiary of any inheritance transaction, meaning in lay terms that the woman's brothers or other beneficiaries would be required to prove through unimpeachable evidence that the woman acted freely, knowingly, and with full understanding.

If properly implemented, the ruling would end the days of a simple affidavit or stamp paper - which are often forged or signed under duress - being used to exclude women from their rights. Requiring to prove in court that a woman has willingly given up her inheritance is a blessing for every woman who could be left destitute due to the greed of their own relatives.