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Inheritance law in Pakistan
Inheritance law in Pakistan govern how property is passed on after death. Article 23 of the 1973 Constitution of Pakistan guarantees all citizens the right to own property. Women have often faced challenges to asserting these rights. To address this, the government has introduced initiatives aimed to educating and assisting women with inheritance matters.
Inheritance is the right of an heir to succeed to property on the death of an ancestor or something that may legally be transmitted to an heir according to William James Stewart. "According to the research carried out by the National Commission on the Status of Women under United Nations Development Programme (UNDP) revealed that the concept of inheritance was evolved centuries ago as a deviation from the custom of burying wealth, widows, and slaves along with the deceased and continued to persist strictly under the patriarchal domain."
Article 23 of the 1973 Constitution of Pakistan states: "Every citizen shall have the right to acquire, hold and dispose of property in any part of Pakistan, subject to the Constitution and any reasonable restrictions imposed by law in the public interest". Pakistan being an Islamic country tends to follow Islamic Inheritance Jurisprudence particularly with regards to the matters of inheritance.
According to Sharia, the legal heirs that are blood relations have a right to inherit from the property of the ancestor or a relative after their death. Chapter four of the Quran, called Surah An-Nisa, narrates the appropriate method that must be followed to determine the share in inheritance.
The practice of acquiring property rights for women in Pakistan is however not effortless despite the constitutional law claiming otherwise.
The West Pakistan Muslim Personal Law also known as Shariat Act 1962 and Muslim Family Law Ordinance of 1961, protect the rights of legal heirs.
According to the Section 498-A of the Prevention of Anti-Women Practices Act of 2011 (Criminal Law Amendment), depriving women of inheriting property by deceitful or illegal means shall be punished with imprisonment which may extend to a time period of ten years but not less than five years. The convicted person may be fined of one million rupees and imprisoned at the same time.
Pakistan has also ratified several international conventions promoting gender equality such as the Convention on the Elimination of all Forms of Discrimination Against Women CEDAW and International Labor Organization ILO core convention 100 on equal remuneration for women.
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Inheritance law in Pakistan
Inheritance law in Pakistan govern how property is passed on after death. Article 23 of the 1973 Constitution of Pakistan guarantees all citizens the right to own property. Women have often faced challenges to asserting these rights. To address this, the government has introduced initiatives aimed to educating and assisting women with inheritance matters.
Inheritance is the right of an heir to succeed to property on the death of an ancestor or something that may legally be transmitted to an heir according to William James Stewart. "According to the research carried out by the National Commission on the Status of Women under United Nations Development Programme (UNDP) revealed that the concept of inheritance was evolved centuries ago as a deviation from the custom of burying wealth, widows, and slaves along with the deceased and continued to persist strictly under the patriarchal domain."
Article 23 of the 1973 Constitution of Pakistan states: "Every citizen shall have the right to acquire, hold and dispose of property in any part of Pakistan, subject to the Constitution and any reasonable restrictions imposed by law in the public interest". Pakistan being an Islamic country tends to follow Islamic Inheritance Jurisprudence particularly with regards to the matters of inheritance.
According to Sharia, the legal heirs that are blood relations have a right to inherit from the property of the ancestor or a relative after their death. Chapter four of the Quran, called Surah An-Nisa, narrates the appropriate method that must be followed to determine the share in inheritance.
The practice of acquiring property rights for women in Pakistan is however not effortless despite the constitutional law claiming otherwise.
The West Pakistan Muslim Personal Law also known as Shariat Act 1962 and Muslim Family Law Ordinance of 1961, protect the rights of legal heirs.
According to the Section 498-A of the Prevention of Anti-Women Practices Act of 2011 (Criminal Law Amendment), depriving women of inheriting property by deceitful or illegal means shall be punished with imprisonment which may extend to a time period of ten years but not less than five years. The convicted person may be fined of one million rupees and imprisoned at the same time.
Pakistan has also ratified several international conventions promoting gender equality such as the Convention on the Elimination of all Forms of Discrimination Against Women CEDAW and International Labor Organization ILO core convention 100 on equal remuneration for women.