Women’s inheritance rights protected under Islamic law & constitution, FCCP rules

ISLAMABAD, (APP - UrduPoint / Pakistan Point News - 17th Jun, 2026) The Federal Constitutional Court has issued a significant judgment safeguarding women’s inheritance rights, holding that a woman’s share in inheritance is not a right granted by the state but a right ordained by Almighty Allah, which cannot be taken away under any circumstances.

According to the detailed judgment, the Court observed that the Holy Qur’an explicitly recognizes and protects women’s inheritance rights. Therefore, no regional custom, family tradition, or social practice can deprive women of their legal and Shariah-based entitlement to inheritance.

The judgment was delivered in a case filed by Bibi Amina from Balochistan, who had approached the Court after alleging that her brothers had failed to grant her the full share of her inheritance.

The Federal Constitutional Court noted with concern that depriving women of inheritance remains a persistent problem in society and is often carried out through social pressure, deception, and fraudulent practices.

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The Court emphasized that in inheritance disputes involving women, courts have a duty to carefully examine all relevant facts to ensure that no woman is denied her lawful rights.

The Court further held that denying women their inheritance rights constitutes a violation not only of the law of the land but also of the commands of Almighty Allah.

On this basis, the Federal Constitutional Court set aside the judgment of the Balochistan High Court and directed that all properties belonging to the petitioner’s parents be presented before the competent civil court for determination of the respective shares of the heirs.

The Court instructed the civil court to determine the shares of all heirs in accordance with the Constitution, applicable law, and Islamic injunctions, and to ensure full protection of the petitioner’s inheritance rights.