Tribal Customs Depriving Women of Inheritance Declared Illegal

(Digital Itla) The Supreme Court has declared tribal customs that deprive women of their inheritance illegal. The verdict was delivered by Justice Irfan Saadat Khan in a dispute over the ancestral land of Mithat Khan, upholding the decision of the Balochistan High Court.

The court stated that there is no legal right over property acquired through fraud, and tribal traditions that deprive women of inheritance are unlawful. A Jirga cannot eliminate the right of any heir against the Quran and Sunnah. According to the decision, depriving daughters of inheritance violates both Sharia and the law. Revenue records do not constitute ultimate proof of ownership transfer, and any legal structure built on a fraudulent transfer will collapse. The Supreme Court added that ancestral land will only be distributed according to Islamic inheritance law, there will be no compromise on women's rights, and tribal customs contrary to Islamic Sharia stand null and void. The court judgment emphasized that no Jirga or tradition is above the law and Sharia.