‘Are we not our father’s daughters?’ Women’s battle for inheritance in Pakistan's KP

The Federal Shariat Court (FSC) of Pakistan recently declared the practice of ‘Chaddar or Parchi’ —or any other custom that infringes upon women's inheritance rights—as un-Islamic and illegal.

A four-member bench, led by Chief Justice Iqbal Hameedur Rahman, issued the ruling in response to a petition filed by Syeda Fouzia Jalaal Shah, who had challenged the custom, arguing that it deprives women of their rightful inheritance, which is granted by the Holy Quran and Sunnah.

What is ‘Chaddar or Parchi’?

In her petition, Fouzia claimed that the ‘Chaddar or Parchi’ custom in Bannu district, Khyber Pakhtunkhwa (KP), is used to pressure women through Jirga (traditional tribal assembly of elders) into relinquishing their inheritance rights. However, the provincial law department denies the existence of any such practice.

Muhammad Waseem, a journalist from Bannu, also refuted the existence of this custom but acknowledged that women are often deprived of their inheritance rights.

Women’s struggle

“Are we not the daughters of the same father or will our brothers deny their own daughters their rightful inheritance too?” These words of 60-year-old Nosheen Tabassum from Peshawar echo the silent struggles of countless women fighting for their due share.

She vividly recalls the time 40 years ago when her father passed away. Hoping to secure her inheritance, she approached her brothers—who, though willing to hand over two Kanals of agricultural land and a five-Marla house, never transferred the legal ownership to her name.

In a conversation with Nukta, Tabassum recounted how, two years ago, she once again asked her brothers to transfer the legal ownership of her inherited property—only to face outright refusal.

“We were left with no choice but to approach the Provincial Ombudsman for Inheritance Rights. It was there that we discovered not only was the transfer of documents our legal right, but my brothers had also withheld an additional one Kanal of land and a share in a commercial property,” she revealed.

Nousheen shared that instead of granting her rightful share, her brothers resorted to violence, launching multiple attacks on her, and implicating her sons in fabricated cases in an attempt to pressure her into silence. “It’s not as if my brothers are giving me anything out of their own, but just as they inherited their share from our father, I, too, have the same right—because I am his daughter just as much as they are his sons,” she asserted.

Inheritance hurdles

The Provincial Ombudsperson ruled in Nousheen’s favor, upholding all her claims. However, her brothers have since challenged the decision in the high court, prolonging her legal battle.

According to data from the Peshawar High Court (PHC), over 5,300 inheritance cases are currently pending before 370 civil courts across Khyber Pakhtunkhwa, while an additional 2,349 women’s inheritance cases are awaiting resolution before the Provincial Ombudsperson.

A survey published in the Pakistan Journal of Criminology reveals that 70% of women are unaware of their inheritance rights. Additionally, 45% reported having their names removed from the list of heirs, while 52% stated that their brothers either placed thumbprints on inheritance documents or obtained a power of attorney from them. The findings also highlight that 71% of women find the legal process too complex and costly, whereas 10% lack any knowledge of the procedure.

Another survey published in the Journal of Economics and Business highlights that 86% of household heads are unwilling to grant women a share in movable property, while 91% believe that even if women do receive inheritance, they should not have control over it.

Nouman Muhib Kakakhel, a legal expert in inheritance matters, told Nukta that while women already face significant hurdles in securing their inheritance rights, legal complexities have made the process even more daunting.,

“In our region, property matters are entirely managed by brothers. So, when the time comes for division, many sisters don’t even know where the land is located,” he explained.

Shedding light on a crucial issue, Kakakhel pointed out that in tribal districts, many women are not registered with NADRA (National Database & Registration Authority) or included in inheritance documents. “If a woman's existence is not even recorded in official documents, how can she claim her rightful share?” he questioned.

In some cases, he added, sisters—often under familial pressure—sign declarations relinquishing their inheritance rights. However, their children later claim their rightful share, leading to prolonged legal battles as these disputes, tangled in complexities, can drag on from civil courts to the Supreme Court, sometimes taking decades to resolve.

Rukhshanda Naz, the Provincial Ombudsperson for Inheritance Rights, highlighted that the biggest challenge is the lack of awareness among women about their rightful inheritance. “In Swabi, a woman claimed she was entitled to six Kanals of inherited land, but official records revealed her actual share was 69 Kanals. Similarly, in Peshawar, another woman was stunned to learn that she was the rightful heir to 66 acres of land,” she shared.

Naz emphasized that women can verify their inheritance rights by consulting the Deputy Commissioner's office and patwari records in their respective districts.

Dower, dowry, and inheritance?

Palwasha Rani, a legal expert specializing in family matters, points out that many women are denied their rightful inheritance due to confusion between inheritance, dowry, and dower—three distinct concepts. “Dowry is a cultural or traditional practice where a woman receives gifts from her parents at the time of marriage, though it is not mandatory.

“In contrast, dower is a legally binding obligation that a husband must fulfill after marriage or Nikah,” he explained.

Rani further explained that a woman has an equal right to inheritance following the death of her parents, siblings, husband, or children—provided that any property is left to be distributed.

Given the prolonged legal battles over inheritance rights, the PHC has established the first special inheritance court in Peshawar, with plans to expand the initiative to other districts.

The legal fraternity views that this initiative will play a crucial role in addressing the challenges women face regarding their inheritance rights.

Naz believes that once the government's authority is firmly established and laws are effectively enforced, no custom, tradition, or religious interpretation will be able to justify depriving women of their inheritance rights.