Senate Panel Rejects Bill to Make Right of Women in Inheritance a Fundamental Right

The Senate Standing Committee on Law and Justice on Wednesday, while rejecting the Constitutional Amendment Bill, 2021 (Insertion of Article 24A), stressed the need for bringing improvement in the existing laws on women’s rights.

The committee meeting, held under the chairmanship of Senator Syed Ali Zafar, observed that the insertion was constitutionally difficult. It recommended improving the existing laws to make sure that women were not denied inheritance.

The committee rejected “Constitutional Amendment Bill, 2021 (Insertion of Article 24A)” seeking to acknowledge, declare, and assert the right of women in inheritance as a fundamental right in consonance with principles of Islam. The Bill was introduced by Senator Saadia Abbasi in the Senate sitting held on 12 July 2021 regarding the right of women to inheritance. It sought that no woman should be deprived of her right to inheritance in Pakistan.

Senator Saadia Abbasi said that Islam prescribes well-defined shares for the male and female descendants of a deceased person.

The Quran clearly states: “Men shall have a share in what parents and kinsfolk leave behind, and women shall have a share in what parents and kinsfolk leave behind.” (Quran, Surah Al-Nisha 4:7)

She said the Islamic law (Shariah) entitles women to inherit immovable and movable property, yet the practice has been to deny women their share in inheritance, particularly, in the matter of landed estates where their entire claim is often denied and male heirs tend to enjoy the right of receiving almost all the assets of the deceased. It is an undeniable reality and unjustified practice, she added. It has become a norm that women either do not receive the legal inheritance or are obliged to surrender their legal rights.

She maintained that the purpose of this amendment was to acknowledge, declare, and assert the right of women in inheritance as a fundamental right in consonance with principles of Islam and Article 23, and Article 24 of the Constitution of the Islamic Republic of Pakistan. She further said that if the said amendment was approved it would enable women to directly approach the Supreme Court of Pakistan on matters related to inheritance.

Senator Azam Khan Swati was of the view that relevant laws already existed and there was no need to list the matter of inheritance as a fundamental right.

Senator Mustafa Nawaz Khokhar while supporting the Bill said, “this amendment reinforces state’s commitment towards protecting women’s right to inheritance.”

Chairman Syed Ali Zafar commented that the said amendment was “constitutionally difficult.” He noted that it was a great concept but existing laws should be improved and further strengthened in order to make sure that women were not denied inheritance.

Senator Farooq H Naek also opposed the said amendment and said that related laws already existed. “We need to work towards better implementation of existing laws,” he underlined.

The committee rejected the Bill with the majority votes after due deliberations.

The meeting was attended by Senators Naseebullah Bazai, Mustafa Nawaz Khokhar, Walid Iqbal, Samina Mumtaz Zehri, and officials from the Ministry of Law and Justice.