Athar Minallah, Supreme Court Judge. PHOTO: FILE
ISLAMABAD:
The Supreme Court has ruled that a state that fails to safeguard the inheritance rights to its women fails in its duty to uphold the principles of equity, faith and justice.
“It is incumbent upon the State under the Constitution and the clear injunctions of Islam, to ensure the effective and unfettered realization of women’s right to inheritance. This right is not a concession granted by human law but a divinely ordained command, explicitly declared in the Holy Quran,” says a seven-page judgement authored by Justice Athar Minallah while hearing a case related to the inheritance rights of women.
The division bench, while dismissing the petition with cost of Rs500,000, has noted that the petitioner had no case on merits and yet persisted in litigation, thereby prolonging the depravation of his siblings of their lawful inheritance which devolved upon them on 1.1.2002, the date of their father’s demise.
“The challenge before this Court was nothing more than an attempt to delay and frustrate the rights of the other legal heirs, amounting to a mere abuse of process,” the judgement read.
Justice Minallah states that it is incumbent upon the state under the constitution and the clear injunctions of Islam, to ensure the effective and unfettered realization of women’s right to inheritance.
“This right is not a concession granted by human law but a divinely ordained command, explicitly declared in the Holy Quran. Any denial or obstruction of this right is, therefore, not merely unlawful but transgression against Divine Will. Cultural or societal practices that deprive women of their rightful inheritance are rooted neither in faith nor in justice, they are remnants of ignorance which the message of Islam came to abolish.”
“The State bears a sacred constitutional duty to uproot such practices by ensuring that every woman is informed of, and enabled to claim, her rightful share in inheritance without delay, fear or dependence on lengthy litigation.”
“It must establish a proactive and accessible mechanism through which women can be identified, reached out to, and assisting in securing their lawful entitlements.”
“Furthermore, those who, through coercion, deceit, or undue influence deprive women of this divinely bestowed right must be held accountable under the law and made answerable.
“A society, that turns a blind eye to deprivation of inheritance rights to its women defies the spirit of Constitution and express Command of Almighty Allah. The strength of a nation lies in the protection of its most vulnerable classes. A State that fails to safeguard the inheritance rights to its women fails in its duty to uphold the principles of equity, faith and justice,” says the order.
