Influence of Islamic Law, Social Customs and Practices on the Women's Inheritance Rights in Pakistan

Beata Polok

 

Abstract: Denial of inheritance to women remains a compelling reality in Pakistan. Deeply rooted patriarchy, local customs, ineffective laws, and historical background are generally considered as the causes for denying women the right to inherit in Pakistan. Religious practices and Islamic law are also often indicated as essential factors influencing the exclusion of women from inheritance. This article probes why women in Pakistan cannot enforce this fundamental right granted to them by both the Constitution of Pakistan and Sharia law. Considering the void between the existence of laws and their implementation in Pakistan, this article analyses the country’s legislation related to inheritance, including recent legislative developments, and obstacles to implementing the rights that guarantee a woman’s participation in inheritance. The article concludes that there is a misconception that religion deprives women of inheritance, and finds that the historical, social, cultural, and legal factors impede the enforcement of women's rights in Pakistan, including their right to the share in inheritance.