While hearing a case over denial of the women inheritance rights on one pretext or another, Chief Justice of the Balochistan High Court (BHC) issued directives to the concerned authorities to devise a flawless mechanism to protect the right of female heirs in the province.
It is pertinent to mention that Islamic law (Shariah) and Pakistan’s state law both entitle women to inherit movable and immovable property but practice has been to deny women their share in inheritance, particularly if it is land in which case their entire claim would often be denied.
Appearing before a Divisional Bench of the Chief Justice Jamal Khan Mandokhail and Justice Muhammad Kamran Khan Mulakhail on Thursday counsel for the petitioner Bibi Zahida, advocate Abdul Zahir Kakar contended his client right in the leftover property of predecessor has been denied. Advocate Kakar further submitted that mostly the female legal heirs are being deprived of their right in the properties of her/their predecessor in interest.
During the proceedings, the counsel apprised the bench that in the ongoing settlement operation, names of the females were not being included in the revenue record. To which the Chief Justice Mandokhail observed, “Right of female legal heirs have been protected by the Holy Quran and Sunnah, therefore, any custom or tradition (Rawaj) contrary to the Holy Quran should not be followed, while recording mutation of inheritance and during the settlement proceedings”.
On the court’s call, the Senior Member Board of Revenue (SMBR) turned up with Advocate General, Settlement Officer Quetta and the legal Expert Board of Revenue before the bench in the matter. They all conceded contention of the petitioner.
The SMBR ensured the court saying all steps would be taken to protect the rights of every legal heir of the deceased owner, especially the rights of the female legal heir. He sought two week time to submit a comprehensive report. He submitted that during the stipulated period he will ensure implementation of the law of inheritance during the settlement proceedings and at the time of making mutation of inheritance.
After issuing directives to National Database Registration Authority assistance in the matter the bench asked the provincial law officer to hold a meeting with the SMBR on this behalf and to provide all sorts of assistance in the light of law of inheritance. The petitioner’ counsel was also asked to submit his proposals in writing before the SMBR. Later, the court adjourned the hearing of the case till June 14.
