Islamabad:
The Federal Shariat Court declared a custom under which any woman member of a family is or has been refused or deprived of his right of inheritance, which is granted by the Holy Quran and Sunnah, as non -Islamic, therefore having no legal force.
“We have concluded that the right of inheritance of women, if it is refused, in any form whatsoever on the pretext of custom or local use, is not Islamic,” read a 20 -page judgment written by FSC judge, Dr. Syed Muhammad Anwer.
“Although the respondent departments, that is to say the Pakistan Human Rights Commission, commissions on the status of women and mediocre work properly, but it is necessary that they are permanently of society, to deprive women anyway to claim their right or to put in place under the disadvantage of their part of their character, their suffering, their state, their state of theater, their state of theater From their state of theater, their state of theater, their number of people, their suffering, their suffering, their suffering, their suffering, their suffering, their suffering, their suffering, their suffering, their suffering, their suffering, their suffering, their suffering, their suffering, their suffering “in their suffering. Add.
Four members of the FSC led by chief judge Iqbal Hameedur Rehman heard a petition filed under article 203-D of the Constitution.
The petitioner, Syeda Fouzia Jalaal Shah, raised a problem by which women are deprived of their right due to heritage in their ancestral property on the pretext of a local custom despite the fact that such a right of inheritance is specifically and categorically recognized by Islam in the Holy Quran and Sunnah.
According to the petitioner, this custom is called “chaddar” or “parchi”, which is in vogue in the district of Bannu, by which women are completely deprived of their right of inheritance in their ancestral property by Jirga where they are forced to take less precious property as part of their inheritance by putting it pressure.
In addition, the petitioner also asked for a repair from the person while his mother, Syeda Iftikhar Bibi, would have been deprived of him in the inheritance of his father and her husband because of the local custom or the use that the petitioner also spent a personal allegiance to his court through the same petition.
The Judgment noted that as Most of State Departments have also acknowledged the need of the use of the penal law under the ppc as amended, to eradicate this social evil from Society, “We are of the consider view that the receiver provincial Department, Which Society and Protecting the Property Rights of the Women So Grant to them by the Holy Quran and Sunnah, May also Initiate Criminal Case Against the perpetrator of the crime of serious and serious cases under article 498-A of PPC, which is introduced in the Pakistan Criminal Code via the 2011 Law Amendment), because it was the object and reason for this amendment in the PPC “.
It should also be noted that, according to the respondent’s response, an important aspect is revealed that it is necessary to understand the gravity and gravity of this crime in the staff of these relevant departments of governments. For example, in this case, they all recognized that women were deprived of their inheritance law, but they denied that no custom or use of this type with the name “Chaddar” or “Parchi” exists. Here, they are required to understand the important aspect of such a case, that is to say that the name of illegal action is not relevant, but the law itself is important. Consequently, while formulating data and statistics concerning the refusal of women’s inheritance tax, the department concerned, such as the commission on the status of women, must also classify these different ways and ways in which this odious crime is perpetrated, such efforts will help the relevant authorities to protect women against the deprivation of their rights of inheritance in a more effective way.
“It clearly emerges from the statistics available and reports submitted by the parties according to which such a criminal practice, by which women are deprived of their inheritance law, is quite common. In this regard of legal coverage to their illegal and criminal actions, by which family members are invited to renounce their right of inheritance in favor of male members.
The court rejected the request of the Chariat to the extent that the petitioner asked for a compensation from the person who did not emerge from the scope of the jurisdiction of this court.
However, the petition is partially accepted by which the petitioner requests relief to declare a local custom which, according to her, is widespread in the district of Bannu de Kp with the name of “Chaddar” or “Parchi”, and the base of women in this area “Parchi” or with any Other Name in the Area of Bannu District of Kp or in Any Un-Islamic and Illegal Having No Legal Force WhatSoever by Virtue of which the right of inheritance of Women is denied wholly or partly from their ancestral property that they have inherited or any other practitioner Which Deprives Women from their of inheritance, which is Holy Quran and Sunnah, IS UN-Islamic and against the principles of the Holy Quran and the Sunnah, therefore of the void and illegal, and can also be subject to punishment.
“We also declare that all or such custom or use, which affects the rights of the inheritance of women in any way whatsoever, whatever the name by which it is called or known in any field of the country, is not Islamic and illegal and calls actions against the aggressor of this crime under section 498-A of the PPC, as a drafting of the relevant state authorities. Anil Munkar, which is an important state obligation under law X of 1991 (Application of Sharia law of 1991). “”
