Islamabad:
The Federal Court of Shariat has declared any custom by virtue of which any female member of a family is being or has been denied or deprived of its right of inheritance, which is granted by the Sacred Koran and Sunnah, as not Islamic, hence he does not have any legal force.
“We have concluded that the right of inheritance of women, if it refuses, in any form and way, on the pretext of local custom or use, it is not Islamic,” reads a 20 -page sentence written by the FSC judge, Dr. Syed Muhammad Anwer.
“Although The Respondent Department, IE, The Human Rights Commission of Pakistan, The Commissions on The Status of Women and ombudspersons are Working Rightly But there is a need that they must Crime From Society, of Depriving Women in Any Manner From Claiming ESIR Right of Inheritance Or Putting Them Under Disadvantage To Claim Their Due Share in Their Inheritance, “The Order Add.
Four members of the FSC led by the president of the Supreme Court IQBAL Hameedur Rehman heard a request presented under article 203-D of the Constitution.
The petitioner, Syeda Fouzia Jalaal Shah, raised a problem for which women are being deprived of their right due to the inheritance in their ancestral property under the pretext of a local custom despite the fact that such right of inheritance is specificly and categorically recognized by Islam in the Holy Qurán and Sunnah.
According to the petitioner, this custom is called “Chaddar” or “Parcchi”, which is fashionable in the district of Bannu, so women are completely deprived of their right of inheritance in their ancestral property through Jirga or are forced to take a less valuable property from their inheritance participation when pressing it.
In addition, the petitioner also looked for a relief in the character when his mother, Syeda Iphtikhar Bibi, was supposedly deprived of his participation in his father’s inheritance and the husband due to the local custom or the use that the petitioner named “Chaddar” or “Parking”, hence the petitioner also requested a personal relief for his mother from this same court through the same court through the same court.
The sentence noted that, as most state departments have also recognized the need for the use of criminal law under the PPC according to amended, to eradicate this social evil of society, “we are of the opinion considered that the relevant provincial departments, which are responsible for rectifying this social evil of society and protecting the property rights of women of women who grant them the holy Qurán and Sunh of the company of the crime of the criminals of the criminals of the crimes.
It is also observed that from the response of the respondent, an important aspect is revealed that there is a need to understand the severity and severity of this crime in the personnel of those relevant departments of governments as well. For example, in this case, they all recognized that women are being deprived of their right of inheritance, but did not deny that there is no such custom or use with the name of “Chaddar” or “Parking”. Here they are obliged to understand the important aspect of such a case, that is the name of illegal action is not relevant, but the act itself is important. Therefore, when formulating data and statistics regarding the denial of women’s inheritance rights, the relevant department, such as the Women’s State Commission, must also classify these different forms and the manners in which this atrocious crime is being perpetrated, such efforts will help the relevant authorities to protect women from their inheritance rights more efficiently.
“It is clear from the statatstics available and reports submitted by the parties that such criminal practice, whereby Women are deprived of their right of inheritance, is quite common. Bakhshwana), Which Literally Means “Giving up of rights”, is in vogue throughout the country in different forms, whereby the perpetrators or usurpers try to give a kind of legal coverage to their illegal and criminal actions, for which they are asked for the female members of the family that renounced their right of male members.
The Court rejected the Shariat petition to the extent that the petitioner requested a relief in the person who is out of reach of the jurisdiction of this court.
However, the petition is partially accepted by which the petitioner seeks relief to declare a local custom that, according to her, prevails in the Bannu district of KP with the name of “Chaddar” or “Parcchi”, and the base of which the women of that area are being deprived of their inheritance rights in their old property, therefore, what exists, what exists, what exists, what exists, what exists, what exists, what exists, what exists, what exists, what exists, what exists, what exists, what exists, what exists, what exists, what exists, what exists, what exists, what exists, what exists, what exists, what exists, what exists, what exists, what exists, what exists, what exists, what exists, what exists, what exists with the name of the king. or with any other name in the area of the Bannu district of KP or anywhere in any province of the country, since it is not Islamic and illegal has no legal force at all to which the right of the inheritance of women is denied.
“Además, declaramos que todas o cualquier costumbre o uso, que afecta los derechos de la herencia de las mujeres de cualquier manera, independientemente del nombre por el cual se llama o se conoce en cualquier área del país, es no islámico e ilegal y los llamados a las acciones contra el perpetrador de dicha delitos bajo la Sección 498-A de PPC, como tales acciones por las autoridades relevantes de los estados caídas dentro del PCOPE de AMR BIL Bil Bil Bil Bil Bil Bil. Mockar, which is an important duty of the State by virtue of Law X of 1991 (application of Shari’ah’s law, 1991) “.
