Judiciary permits inheritance claim within life of a women – Muft Malomat

Judiciary permits inheritance claim within life of a women - Muft Malomat

Judiciary, being third fundamental and integral part interprets, protects and enforces the laws for the welfare and betterment of general mass. It is not only takes into account the settlement of the disputes but also protects the people from the violation of their rights. The bench of the judges safeguards the individuals from the tyrannical and ruthless violations in the society to bring serenity and peace all around.

It is believed that being an independent body formulates the laws, amends and repairs the jurisprudence to run its administrative and organizational activities of the country as well as aids for proper function of the judicial system. It exercises the right to formulate the laws that not only affect the judges and the lawyers but has unhampered and profound effect on the lives of layman of that particular country.

The demand for the taking Pakistan apart was purely based on the religion of Islam. As a result, legal and judicial system was generated with few adaptations and modifications to match the needs of Pakistan. Being the Islamic state the laws have to be consistent with the laws given in the Holy Quran. The judges exercise the explicit authority to block certain decisions and its decisions are considered obligatory to follow to all other courts of the Pakistan. The provision of the inheritance law depends on religious accord.

Every lay man is unconstrained to the recipient of any transferable and non-transferable property without taking into account their nationality, residential standing is entitled with their sound mind. This law has been passed by the supreme court that a woman’s claim is only valid within her life but her children after death cannot lay any allege to heir the property after the death of the mother but in the life.

The Supreme Court issued that order in the case of the deceased woman whose father transferred the property to his son and daughters were not given any share. Later on, the father of the lady was no more and then grandchildren filed case in 2004 to get the share.

The decision was made in the favor of the grand children at that time which was nullified later on. The bill was passed in national assembly standing committee on law and justice approved that the women must be given protection to get her due share in the property. The right to get the ownership of the property is the right protected by the constitution of the Islamic republic of Pakistan. Therefore, it is required to provide right and ownership by saving them from violation of their rights as well any fabrication of frauds.

The court gives the right to the woman in case if she comes across the complaint of depriving her from the share of the property. Islam is the complete code of life. It has specified the rights and duties for men and women equally.  The refutation and inaccessibility to get the share do not make men are finer because possessing muscular strength and cannot suppress a woman only being feeble.

The court uphold the right of the woman to get the due share of the property which cannot be denied only on the basis that she is not one of male offsprings of the family. The gender discrimination is discouraged in Islam then why do people are going against the religion where women even being vulnerable is dispossessed from her rights.Inheritance is a right to claim share from ancestor’s property. The denial stems from discrimination and insufficient formulation and enforcement of

laws. The women are not only deprived of claiming their rights but also their rights are restricted and secondary as compare to men in the society. As a result, the gender inequality, traditional laws and norms of the society disallow the privileges that are rights of the women even when they are shelter less after the death of the husband. Being an Asian country Pakistan, where this ritual is followed blindly, believe the persistence of practicing inequality related to subjugate women’s status.

Inheritance law in Pakistan is governed by Muslim personal law. The law of the inheritance is the part of constitution of 1973 which asserts that every individual has the right to get, hold, and dispose property in any part of the country within the premises of Pakistan. The constitution conforms the Holy Quran and Sunnah of the Holy prophet (PBHU) that eliminates the prejudice posed against the women in Islamic state.  While living in the society formulated on patriarchal pattern snatches the divine right of the women. It focuses on the right of the men who is the one can claim the right only being socially superior to female. The more cruel revelation is when a woman is refused to give rights because they get dowry and gifts when she gets married. There is not any specific amount specified to give it depends on the family how much money they can afford.

The ruthlessness is more evident when a father does not register the names of the daughters to deny their rights of the property. He refuses to accept the father of them only because they become selfish, money-oriented and heartless. Father refuses as well brother refuses even their paternal right to deny the right of getting the share on basis of having blood relation. Women being inferior and low in status are considered as symbol of humiliation. Only to save the prestige of the family it is not handed over to women but transferred to sons generation after generation. Women are considered as uneducated as in the past cannot sign rather thumb impression, cannot manage the property matters efficiently. Therefore, it is assumed that property handling is not possible. It will not be transferred to her but most difficult situation is when it is thought that share after getting married women will hand over to her husband for managerial purpose that was of poor mind set hovering the family of the women to deprive her from the right.

Being the part of Pakistani society, where majority are Muslims are fortunate enough to get their share, inherit it legally and deviate the customary laws to deny the right of a woman only being weak entity of the society. Only socio- cultural impediments restrict the right otherwise Islam gives the right to woman by removing discrimination. Muslim women are permitted to purchase or sale their property. Inheritance rights for women in Pakistan are denied in the past. But it is the one side of the picture. Family structure and customs of country are always abiding by and occupying the orders by judicial system. The Supreme Court permits the women to claim the due share which is her heavenly right but can claim with in her own life. Her allege can be entertained during her life.

Allah Hafiz

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