Pakistan

Women Struggling for Inheritance Rights in Khyber Pakhtunkhwa: Legal and Social Barriers Persist

Peshawar:Women in Khyber Pakhtunkhwa, particularly in rural and tribal areas, are still facing significant obstacles when it comes to inheritance rights. Many women are being denied their rightful share of family property, and despite their efforts to seek legal redress, they continue to face resistance from family members and societal norms.

One such case is that of 55-year-old Shabana Bibi (a pseudonym) from Bajaur district. In 2021, Shabana approached the court in Peshawar to claim her share of a one-kanal piece of land after the death of her parents. However, her brothers put up multiple barriers, and no final decision has been made so far.

Similarly, 52-year-old Zeeba Bibi (a pseudonym) from Peshawar shared her struggle, stating that her brothers threatened to harm her if she demanded her inheritance. She, along with her sisters, has yet to receive any share of the family property, despite her parents’ passing.

Another case is that of 60-year-old Kulsoom Gul from Peshawar. In 2021, Kulsoom was granted her inheritance share by the provincial ombudsman. However, more than three years have passed, and the court’s decision has yet to be implemented.

**Legal Experts’ Perspective:**
Senior lawyer Saifullah Kakakhel stated that the issue is not isolated to a few individuals like Shabana, Zeeba, or Kulsoom, but rather it affects more than 90% of women in Khyber Pakhtunkhwa who are denied their inheritance rights. This widespread denial of inheritance rights is a significant legal and social challenge in the region.

**Tribal Women’s Struggle:**
Women from tribal districts, such as Aliya from Kurram, also face immense challenges. Aliya expressed her frustration about living in a rented house and the difficulty of obtaining land ownership despite Islamic law entitling her to inheritance from her parents. She claimed that whenever she raised the issue, her family members told her that daughters should not claim a share of the land.

**Awareness and Legal Cases:**
According to the Provincial Ombudsman for Women’s Inheritance Rights, nearly 1,700 women have filed complaints for inheritance claims, with 975 cases still under review. The number of cases has been increasing annually, with 434 complaints registered in 2024 alone. Despite these growing numbers, many women are still unaware of their legal rights and face delays in receiving justice.

**Cultural and Social Barriers:**
One of the main reasons why women are denied their inheritance is due to patriarchal norms, illiteracy, and the lack of legal awareness. Many tribal women are kept in the dark about their rights, either due to deliberate ignorance by male family members or their own lack of education. However, women in tribal areas are beginning to challenge these norms and are increasingly turning to the courts to fight for their inheritance rights.

**Religious and Legal Views:**
Religious scholar Mohammad Israr Madani emphasized that Islam grants daughters the right to inherit from their parents, just like sons. He stated that depriving women of their inheritance is a grave sin, and such actions will be accountable in the afterlife. The legal framework also supports women’s inheritance rights, as stipulated in the Pakistani constitution and penal code.

**Legal Protections and Challenges:**
Pakistan’s Constitution (Article 23) and the Pakistan Penal Code (Section 498-A) ensure that no woman can be deprived of her lawful share of inheritance. The Khyber Pakhtunkhwa Enforcement of Women Ownership Rights Act, 2012, also provides legal protections, including penalties for those who prevent women from accessing their property. Despite these laws, implementation remains inconsistent, and many women face continued resistance.

**Ombudsman’s Efforts:**
The Provincial Ombudsman for Women, Rakhshinda Naz, has been working to address the backlog of inheritance-related complaints. Since 2019, her office has received over 1,700 complaints related to women’s inheritance rights. More than 500 cases have been resolved, and in two cases, women have received their property rights. However, Naz highlighted the challenges of limited resources, as her office covers the entire province with only 20 staff members.

**Awareness Campaigns:**
To address these issues, the Ombudsman’s office has launched awareness campaigns, including informational banners in local government offices and regular training for revenue staff. Furthermore, women lawyers are being provided free legal services to assist women who may be illiterate or unable to write formal complaints.

**Conclusion:**
While there has been progress in raising awareness about inheritance rights for women in Khyber Pakhtunkhwa, significant challenges remain. Legal reforms, societal changes, and greater implementation of existing laws are essential to ensure that women’s rights to inheritance are upheld and that they are no longer marginalized in matters of property ownership. The continued struggle of women in the region highlights the urgent need for systemic change to secure their rightful share of inheritance.

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