1. Shagufta Omar
dcw.da@iiu.edu.pk
Shaguftaomar@yahoo.com
30th Nov. 2011

2.  Women’s Rights
 Inheritance
 Previous Legal and Cultural Practices
 Inheritance and Shariah Perspective(Quran /Sunnah)
 Shariah and Women’s Right to Inheritance
 Women’s Right to Inheritance: Pakistan’s Law
 National Legislation, Legal Procedures
 Minor Girl Child’s Right
 Current Issues Related to Inheritance
 Burning Questions related to Social Malpractices
 Lacunas in Legislation/Implementation
 Recent Development
Shagufta Omar, In Charge Dawah Centre for Women, 10/1/2012
Dawah Academy IIUI, Pakistan 2

3. Economical Social Cultural
Civil Political
Shagufta Omar, In Charge Dawah Centre for Women, 10/1/2012
Dawah Academy IIUI, Pakistan 3

4. Inheritance (components)
Transfer of property of the deceased to legal heirs
Estate
Propositus (Property)
Heirs
(Deceased) (Movable and
(Waris)
(Mooris) Immovable)
(Taraka)
Shagufta Omar, In Charge Dawah Centre for Women, 10/1/2012
Dawah Academy IIUI, Pakistan 4

5.  What is left is national property, should not be passed on
to anyone
 It is combined property of the family, should not be
distributed
 Only males deserve the inheritance, no women should
receive it
 Those males of the family who were capable of indulging
in war could be heirs
 The eldest male child of the deceased was rightful heir
 Women could inherit share from movable property but
not from immovable property
 Islam in 7th c gave the right of inheritance to women from
movable as well as immovable property (She will be
waris as well as mooris)
Shagufta Omar, In Charge Dawah Centre for Women, 10/1/2012
Dawah Academy IIUI, Pakistan 5

6.  There is a share for men and a share for
women from what is left by parents and those
nearest related, whether, the property be
small or large – A legal share. (An Nisa 4: 7)
 These are the limits (set by) Allah (for
ordainments as regards laws of inheritance),
and whosoever obeys Allah and His
Messenger (Mohammad SAW) will be
admitted to Gardens under which rivers flow
(in Paradise), to abide therein, and that will be
the great success . (An Nisa 4:13)
Shagufta Omar, In Charge Dawah Centre for Women, 10/1/2012
Dawah Academy IIUI, Pakistan 6

7.  And whosoever disobeys Allah and His
Messenger (Mohammad SAW), and
transgresses His limits, He will cast him into
the Fire, to abide therein; and he shall have a
disgraceful torment. (An Nisa 4:14)
Shagufta Omar, In Charge Dawah Centre for Women, 10/1/2012
Dawah Academy IIUI, Pakistan 7

8.  There is a share for women and a share
for men….(An Nisa 4:7)
 Women receives inheritance in various
positions under various circumstances:
• Mother, sister, daughter, wife, grandmother
(paternal and maternal), granddaughter (paternal
and maternal), aunt (Paternal and maternal)
Shagufta Omar, In Charge Dawah Centre for Women, 10/1/2012
Dawah Academy IIUI, Pakistan 8

9. Zawi’l Farud (Sharers)
women 8, men 4
Asabat (Residuary)
women/men
Zawi’l Arham (Distant
kindred) women/men
Shagufta Omar, In Charge Dawah Centre for Women, 10/1/2012
Dawah Academy IIUI, Pakistan 9

10. Equal to Male
• Parents of deceased
• Siblings in case of absence of parents/children
• Maternal sisters/brothers
Less than Male
• ½ for daughters, in presence of sons
• In case of no sons 2/3 is shared among sisters/if only daughter
she gets half, and the rest goes to her paternal brothers
More than Male
• 1/8th of wife, is sometimes more than what her son gets
Shagufta Omar, In Charge Dawah Centre for Women, 10/1/2012
Dawah Academy IIUI, Pakistan 10

11. Mother’s share: Zawil Faruz (Sharer) (An Nisa 4;11)
• with children 1/6th for mother and father
• Without children 1/3rd
• With brothers and sisters of deceased 1/3rd
Daughter’s share: Zawil Faruz (Sharer) (An Nisa 4;11)
• Only one daughter/no son: ½ of inheritance
• Two or more daughters/no son: will share 2/3 of
inheritance
• Daughters and son: ½ of a son
Shagufta Omar, In Charge Dawah Centre for Women, 10/1/2012
Dawah Academy IIUI, Pakistan 11

12. Wife’s share: Zawil Faruz (Sharer) (An Nisa 4:12)
• with children 1/8th
• without children 1/4th
• in case of more than one wife: will share from 1/8th or 1/4th
Sister’s share: Zawil Faruz (Sharer). Will get share in
the absence of children or parents or grand parents
• Real sisters
• Father related
• Mother related
Shagufta Omar, In Charge Dawah Centre for Women, 10/1/2012
Dawah Academy IIUI, Pakistan 12

13. Grand Mothers (Paternal/Maternal)
• Zawail Faruz (Sharer)
• Will get share in the absence of parents
• 1/6th if one, if more will share 1/6th
Grand Daughters (Paternal )
• None if son is alive
• None if no son but 2 daughters
• ½ when one grand daughter with no son/daughter
• 2/3 when 2 or more grand daughters
Shagufta Omar, In Charge Dawah Centre for Women, 10/1/2012
Dawah Academy IIUI, Pakistan 13

14. Step Raza’t No blood
Relations Relations Relations
Adopted daughter
Daughter in
mother mother law(Bahu)
Mother in law (SAS)
daughter Daughter Chachi
sister sister Mami
Shagufta Omar, In Charge Dawah Centre for Women, 10/1/2012
Dawah Academy IIUI, Pakistan 14

15. In case of Jahaiz (Dowery) given?
• Women will be entitled to inheritance
In case of divorce or husband’s death
• In case of remarriage widow of deceased will get the nheritance
• If dower(Mehar) was not paid will be paid from inheritance first
• If a man gave revocable divorce, wife will get inheritance
• If a man gave irrevocable divorce, wife will not get her share
• If a woman gets khula before husband’s death, she is not entitles
for her share
In case of wife’s death?
•If wife dies without receiving dower (Mehar),it will be included in her
inheritance
Shagufta Omar, In Charge Dawah Centre for Women, 10/1/2012
Dawah Academy IIUI, Pakistan 15

16. Constitution
• Article 23, recognizes the right of all citizens
including women to own property and
indulge in any lawful business
Shari’at Application Acts 1948. 1962
• Share holders getting their due share
according to Shari’at Application Acts
Shagufta Omar, In Charge Dawah Centre for Women, 10/1/2012
Dawah Academy IIUI, Pakistan 16

17. No Codified Law
• general law/civil law/ shariat application act
Movable property
• Succession Act
Immovable property
• Revenue office, Tehseeldar/patwari
Shagufta Omar, In Charge Dawah Centre for Women, 10/1/2012
Dawah Academy IIUI, Pakistan 17

18. Ambit
• Magistrate/Civil courts
• District/session courts
• High court
• Supreme court
Rural/urban divide
• in rural possession through partition
• In urban possession after getting wirasat nama
Court fee
• 10-15 thousands
Shagufta Omar, In Charge Dawah Centre for Women, 10/1/2012
Dawah Academy IIUI, Pakistan 18

19. Nature of estate
• Agricultural land/Urban land?
• Movable or immovable property?
Acquisition of transfer papers
• Registration in revenue office for rural land
• Acquiring wirasat nama for urban land
• Acquiring succession certificate for movable property
Filing suit/case in court
• For agricultural land in tehsildar court
• For urban land in civil court
• For movable property in civil court
Shagufta Omar, In Charge Dawah Centre for Women, 10/1/2012
Dawah Academy IIUI, Pakistan 19

20.  Can own but not operate their property
 Appointing a guardian through court for
handling of property
 If to be sold, with the permission of court,
will be deposited in the account of the child
or spent for her welfare
 Parents, though natural guardian, still
require permission to become a guardian
for handling of a minor’s property
Shagufta Omar, In Charge Dawah Centre for Women, 10/1/2012
Dawah Academy IIUI, Pakistan 20

21.  Muslim Family Law Ordinance 1961,
Section 4
 Shariah perspective
 Federal Shari 'at Court Decision
concerning this issue (PLD/2000FSC1)
 Appeal of government against the decision
in Shari 'at Appellate bench of Supreme
Court
Shagufta Omar, In Charge Dawah Centre for Women, 10/1/2012
Dawah Academy IIUI, Pakistan 21

22. Benevolent Funds given in
Fund or Pension Recognition of
Group Insurance some services
Compensations Dyat
After (distributed on the
principle of
accident/calamity inheritance)
Shagufta Omar, In Charge Dawah Centre for Women, 10/1/2012
Dawah Academy IIUI, Pakistan 22

23. Provident Fund
• It is personal property of deceased
Royalty of books
• It is also intellectual property of
deceased generating money
Shagufta Omar, In Charge Dawah Centre for Women, 10/1/2012
Dawah Academy IIUI, Pakistan 23

24.  Can a woman’s right to inheritance be write off? Haq
Bakhshawana/Marriage to Quran. No
 If a brother is maintaining his sister can he withhold or
deny her share? No
 Shall a woman surrender her share on fear of poor/tense
relations with brothers? No
 Can Jahaiz (dowry) compensate for inheritance? No
 Can sisters allow to delay distribution of property until
their brothers’ studies completion/job acquisition? Yes
 Is there any time limitation legally, for a woman to
demand her share ? No, Law of limitation is not applied
in inheritance cases. (2002 CLC, 2001)
Shagufta Omar, In Charge Dawah Centre for Women, 10/1/2012
Dawah Academy IIUI, Pakistan 24

25.  No proper codified law
According to a general rule set in SHAA
1948. 1962, it will be divided according to
Shari'ah principles
 No provisions for penalties on violation
 Not included in the ambit of family courts
Shagufta Omar, In Charge Dawah Centre for Women, 10/1/2012
Dawah Academy IIUI, Pakistan 25

26.  Bill titled ‘Khawateen Dushman Rawayat ka Imtana
(Criminal Law Amendment )is passed from National
Assembly in Nov. 2011, including inheritance issues of
women, partially
 Yet to become a law after due process of passing
through senate
 Malpractice of Haq Bakhshawana/Quran Marriage is
declared a crime with penalty of 3 to 7 years
imprisonment and 10 lac fine
 Other practices for avoiding women’s due share in
inheritance either movable or immovable property, will
be dealt with penalties of 5 to 10 years imprisonment
or 10 lac fine or both
 These crimes will be un bailable
Shagufta Omar, In Charge Dawah Centre for Women, 10/1/2012
Dawah Academy IIUI, Pakistan 26

27.  Wirasat ki Taqseem:
Kia, Kyoon aur Kaisey
by Women Aid Trust
 Haq-e-Wirasat:
Jadeed Daur ke Masail
by Women Aid Trust
Shagufta Omar, In Charge Dawah Centre for Women, 10/1/2012
Dawah Academy IIUI, Pakistan 27

28. Thanks