Islamabad:

The Federal Shariat Court has declared any custom that any female member of a family is or has been denied or deprived of her inheritance assigned by the Holy Qur’an and Sunnah as non-Islamic, and therefore has no legal strength at all.

“We have concluded that women’s inheritance, if denied, under any form and manner at all on the pretext of local custom or use, is non-Islamic,” reads a 20-page judgment written by FSC Judge Dr. Syed Muhammad Anwer.

“Although the respondent departments, ie Pakistan’s Human Rights Commission, are commissions on the status of women and ombuds rightly, but there is a need for them to act continuously, more aware of enabling them to eradicate those who are due to demanding that they deprive women of claiming their right to incapacitated or introducing them under their guilt in their guilt. adds.

Four members of the FSC led by Chief Justice Iqbal Hameedur Rehman heard a petition filed under Article 203-D of the Constitution.

The petitioner, Syeda Fouzia Jalaal Shah, raised a question whereby women are deprived of their guilt for inheritance in their ancestors’ property on the pretext of a local custom, despite the fact that such a right to inheritance specifically and categorically recognized by Islam in the Holy Quran and Sunnah.

According to the other, this custom is called “Chaddar” or “Parchi”, which is in vogue in the Bannu district, where women are completely deprived of their inheritance in their ancestors’ property through Jirga, or they are forced to take less valuable property as for their arval by putting pressure on her.

In addition, the petitioner also sought a relief in Personam when her mother, Syeda Iftikhar Bibi, was allegedly deprived of her share in her father’s and husband’s heritage because of the local custom or use that the petitioner called “Chaddar” or “Parchi”, and therefore the Announcer also sought a personal relief to his mother from this court through the same petition.

The judgment noted that as most of the state departments have also recognized the need for the use of the Criminal Code under PPC as changed, to eradicate this social evil from society, “we are of the viewed perception that the relevant provincial departments responsible for correcting excavation cases in accordance with section 498-A of PPC, which is introduced in Pakistan change), 2011, when it was the object and reason for this change in PPC “.

It is also noted that from the respondent’s reaction, an important aspect is revealed that there is also a need to understand gravity and the seriousness of this crime in the staff of the relevant departments of governments. For example, in this case, they all acknowledged that women are deprived of their inheritance, but they denied that they did not deny that there is no such custom or use named “Chaddar” or “Parchi”. Here they are obliged to understand the important aspect of such a case, that is, the name of illegal act is not relevant, but the act itself is important. Although the formulation of data and statistics on women’s denial of inheritance rights, the relevant department, such as the Commission for Women’s Status, must also categorize these different ways, and manners where this abhorrent crime is performed, such efforts will help the relevant authorities protect women from depriving their rights to inheritance in more effective way.

“It is clear from the available statistics and reports presented by the parties that such criminal practices by which women are deprived of their inheritance is quite common. In this regard, a core -ulovish practice is commonly known as (Haq Bakhshwai) or (Haq Bakhwana), which literally means” giving up rights “, is in Vogue throughout the country in different forms in different forms, where the Perpetrs can give to try a kind of legal coverage to their illegal and criminal acts, by which either by force or emotionally extortion of the female members of the family are asked to waive their inheritance in favor of male members.

The court rejected the Shariat arrival to the extent that the petitioner has sought a relief that Personam was out of the scope of the jurisdiction of this court.

However, the petition is partly accepted, where the petitioner seeks a relief to declare a local custom which, according to her, is widespread in KP’s Bannu -District named “Chaddar” or “Parchi”, and the basis that women in this area have been deprived of their rights to be inherited in their ancestors, and therefore we declare such a custom or user with the name of the name of the name of the name of the name of the name of the name. With any other name within the Bannu district of KP or in any part of any province in the country, such as non-Islamic and illegal, which has no legal strength at all, as the right to inherit by women is denied completely or partly from their ancestors’ property as they have inherited or any other practice that deprives women of their right to inheration by Holy Sunnah, of which invalid and illegal and may also be subject to punishment.

“We also declare that all or such custom or use affecting the legacy of women in any way, regardless of the name called or is known in any area of ​​the country, is non-Islamic and illegal and calls for actions against the perpetrator of such crime under section 498-A by PPC, as such nahi Anil Munkar, which is an important obligation to the State of the State in (Enforcement of Shari’ah Act, 1991).