Women’s Inheritance Rights

Extending Judicial Vigilance to Other Areas of Public Welfare

It would not be a stretch to say that the recent landmark judgment of the Supreme Court of Pakistan regarding the enforcement of women’s inheritance rights is commendable and a breath of fresh air. The detailed guidelines represent a significant step towards safeguarding the rights ordained by the Holy Qur’an and the Sunnah against coercion, social pressure, and fraudulent practices. The judgment rightly recognises that inheritance shares are divinely prescribed rights, not matters subject to individual discretion.

The Qur’an explicitly declares that both men and women are entitled to their prescribed shares of inheritance (An-Nisa 4:7, 4:11). By imposing a heightened obligation on judicial and administrative authorities to scrutinise transactions affecting these rights, particularly those involving elderly, illiterate, and rural women, the Court has strengthened the protection of vulnerable citizens. This approach reflects the Qur’anic command to uphold justice regardless of personal relationships or economic status (An-Nisa 4:135).

This commendable judicial philosophy could be extended to other areas where inequality of power, economic dependence, social pressure, and procedural disadvantages routinely deprive citizens of their lawful rights. The Court should consider similar proactive measures in several critical areas of public welfare.

First, Zakat funds must reach genuinely deserving recipients through transparent distribution and effective accountability, free from the influence of local elites. The Qur’an condemns neglect of orphans and failure to assist the poor (Al-Ma’un 107:1–3). Judicial and administrative oversight can help ensure that charitable resources fulfil their intended purpose.

Second, consumer protection and market integrity require stronger enforcement. Food adulteration, hoarding of essential commodities, and price-fixing cartels disproportionately harm the poor and should be treated as serious matters of public interest rather than merely private or civil disputes.

Third, access to justice must be strengthened for disadvantaged citizens through the timely disposal of cases involving land grabbing, unlawful eviction of tenants, and recovery of property. Wealth and influence must not enable powerful individuals to circumvent procedural safeguards intended to protect the weak.

Fourth, the protective standards applied to inheritance disputes should inform the enforcement of other aspects of Sharia-based family law, including dower, maintenance, and child custody. Appropriate verification and judicial scrutiny are essential to prevent women, children, and other family members from being coerced into unjust settlements.

The same commitment to justice should extend to the protection of life, property, family, and economic security in accordance with the principles of the Shari‘ah. In cases involving theft, the Qur’an prescribes a deterrent punishment while also recognising repentance and reform (Al-Ma’idah 5:38–39). Courts should ensure that victims, particularly impoverished individuals whose limited possessions are stolen, receive effective legal protection and that due process is strictly observed.

Similarly, cases involving illicit sexual relations require rigorous adherence to Qur’anic injunctions and evidentiary standards. While the Qur’an prohibits such conduct (Al-Isra 17:32) and establishes rules concerning punishment and false accusations (An-Nur 24:2–4, and in Ahadith), judicial vigilance is essential to protect women and children from exploitation, coercion, and baseless allegations, while ensuring that genuine cases are adjudicated according to the applicable legal requirements.

Economic exploitation through interest-based transactions, debt traps, and usurious practices is another serious concern. The Qur’an unequivocally prohibits riba and warns of severe consequences for those who persist in it (Al-Baqarah 2:275, 278–279). The Court’s emphasis on heightened scrutiny

in inheritance matters offers a valuable principle for addressing circumstances in which economically vulnerable people are exploited through unfair financial arrangements.

Likewise, gambling can devastate livelihoods, deepen poverty, and destroy family stability. The Qur’an explicitly prohibits gambling and condemns its destructive social and spiritual consequences (Surah Al-Ma’idah 5:90–91). Effective legal and regulatory measures are therefore necessary to protect vulnerable individuals and families from gambling-related exploitation and financial ruin.

The underlying principle of the Court’s recent judgment is that the judiciary must not remain indifferent when recurring practices deprive vulnerable citizens of their lawful rights under the guise of private agreements. Where established legal protections fail to deliver substantive justice, the judiciary has an important constitutional responsibility to ensure that rights are meaningfully enforced. Extending this protective approach to other areas of public welfare could translate legal principles into tangible relief for ordinary citizens.

The Court must continue to uphold justice and protect the rights of vulnerable citizens, drawing upon the principles of the Holy Qur’an, the Sunnah of Prophet Muhammad (peach be upon him) and the Constitution of the Islamic Republic of Pakistan to strengthen the rule of law and promote public welfare throughout Pakistan.

(Compiled by: Raza ul Haq)