Denying Inheritance to Women is Anti-Islamic and Illegal: Supreme Court

The Supreme Court of Pakistan has ruled that tribal customs and jirga decisions cannot deprive women of their lawful inheritance, declaring such practices illegal and contrary to both Islamic law and the Constitution.

The verdict came in a dispute over the inherited property of Mithi Khan, where the court upheld the Balochistan High Court’s decision in favor of the rightful heirs.

The Supreme Court also rejected the legal validity of fraudulent property transfers, stating that ownership obtained through fraud creates no legal rights.

In the judgment, authored by Justice Irfan Saadat Khan, the court observed that no tribal custom or jirga has the authority to extinguish the inheritance rights granted under the Holy Quran and Sunnah.

It emphasized that denying daughters their rightful share of inheritance violates both Shariah and Pakistan’s legal framework.

The court further clarified that entries in revenue records are not conclusive proof of ownership if they are based on fraudulent transfers.

It ruled that inherited property must be distributed strictly in accordance with Islamic inheritance law and reaffirmed that women’s inheritance rights cannot be compromised under any tribal or customary practice.

Dismissing the appeal, the Supreme Court ordered that the rightful heirs receive their prescribed shares under Islamic law, reinforcing legal protections for women against unlawful deprivation of inheritance.