A DOCTRINAL CRITIQUE OF THE ROLE OF PAKISTANI COURTS IN UPHOLDING WOMEN’S RIGHT TO INHERITANCE

Abstract

Women’s right to inheritance in Pakistan is firmly grounded in Islamic law and constitutionally protected under Articles 23, 24, and 25, yet its realization remains largely aspirational due to entrenched socio-cultural barriers and procedural inconsistencies. Despite clear Qur’anic mandates granting women fixed shares of property, judicial intervention has historically been required to counter patriarchal customs that deprive women of their rightful inheritance. The aim of this study is to critically examine the doctrinal role of Pakistani courts in protecting women’s inheritance rights and to assess whether judicial reasoning, precedents, and procedural doctrines have effectively advanced substantive gender justice. Employing a doctrinal research methodology with critical analysis, this paper analyzes constitutional provisions, Islamic legal sources, inheritance statutes, and landmark case law from the superior judiciary, supplemented by peer-reviewed scholarly literature. The findings reveal that while the Supreme Court and High Courts have delivered progressive judgments, particularly on limitation, fraudulent mutations, and coercive family settlements, systemic flaws persist at the procedural and enforcement stages, where revenue practices, evidentiary burdens, and weak execution mechanisms continue to undermine women’s claims. The study concludes that a harmonized judicial doctrine, gender-sensitive evidentiary standards, and stronger enforcement measures are necessary to translate legal rights into lived realities. General suggestions include stricter oversight of mutation processes, mandatory legal awareness for women at the time of inheritance, capacity-building of lower judiciary, and effective implementation of the Enforcement of Women’s Property Rights legislation to ensure uniform compliance across provinces.