The Supreme Court has reaffirmed women's inheritance rights, declaring that tribal customs and jirga decisions that deprive women of their lawful share in inherited property are illegal and have no legal standing.
The landmark judgment, authored by Justice Irfan Saadat Khan, upheld the decision of the Balochistan High Court in a dispute over ancestral land.
The Supreme Court ruled that no tribal custom or jirga has the authority to abolish an heir's rights guaranteed under the Quran and Sunnah.
The court held that any tradition contrary to Islamic inheritance law is invalid and unenforceable.
Women cannot be deprived of inheritance
The judgment stated that denying daughters their lawful share in inherited property is a violation of both Sharia and Pakistani law.
The court stressed that there can be no compromise on women's inheritance rights.
The case involved a dispute over possession of inherited land in Mithi Khan, where attempts were allegedly made to seize the property through fraudulent transfers.
The Supreme Court ruled that no legal rights can arise from fraud, adding that the entire legal foundation built on fraudulent transfers collapses once the fraud is established.
Revenue records not final proof of ownership
The court clarified that entries in revenue records do not constitute conclusive proof of ownership or a valid transfer of property.
It ruled that inherited land must be divided strictly in accordance with Islamic inheritance law.
The apex court upheld the ruling of the Balochistan High Court in favour of the original legal heirs, rejecting the legality of the disputed property transfers.
It reiterated that neither a jirga nor any customary practice can supersede the Constitution, the law or Islamic principles governing inheritance.
