Legal Aid Society (LAS) - Women’s Inheritance Rights: The Law Is Clear. Enforcement Is the Real Challenge

In Pakistan, a woman’s right to inherit is protected in law. But for many women, especially those with limited resources or support, that right remains difficult to claim in practice. The gap is no longer recognition. It is enforcement.

The gap is not recognition. It is enforcement.

In Pakistan, the law recognises a woman’s right to inherit. Society, too often, does not. Across Sindh and other parts of the country, women are routinely deprived of the share in inheritance they are legally entitled to, not only through formal disinheritance, but through silence, pressure, exclusion, shame, disrespect, and often violence. Many women are denied even basic education and remain unaware of their rights, which acts as a major barrier to justice.

Pakistani law clearly protects women’s right to inherit property. These rights are primarily derived from Islamic inheritance principles and enforced through statutory frameworks such as the Muslim Personal Law (Shariat) Application Act, 1962 and the Muslim Family Laws Ordinance, 1961. Under these laws, daughters, wives, mothers, and sisters are each entitled to a legally defined share of family property. For example, daughters inherit alongside sons, usually receiving half the share of a son; a wife is entitled to one-eighth of her husband’s estate if he leaves children and one-fourth if he does not; and a mother is generally entitled to one-sixth of the estate when the deceased has children.

Importantly, these inheritance shares are mandatory and cannot legally be denied through customary practices or family arrangements. These protections are further reinforced by the Prevention of Anti-Women Practices (Criminal Law Amendment) Act, 2011, which makes it a criminal offence to deprive women of their rightful inheritance through coercion, fraud, or other means.

Yet legal guarantees alone are not enough.

When cultural expectations override legal rights

One of the most significant barriers is the gap in knowledge. Many women are never told what their legal share is, how inheritance is calculated, or what steps are required to secure it. In some households, daughters grow up hearing that brothers will ‘manage the land’ & that property is for the men of the house to control. They are also made to feel that claiming property after marriage is inappropriate. When legal rights are diluted into cultural expectations, many women do not even realise they are being denied something that is lawfully theirs.

When claiming a right becomes dangerous

Many cases show that women who speak up are met not with support, but with verbal abuse, physical violence, and intimidation. In some parts of Pakistan, the consequences of demanding a rightful share can be even more severe. There have been instances where women face extreme violence, including honour killings. In such contexts, violence becomes a tool of control, meant not only to punish one woman but to send a message to others.

This is not simply a question of family conflict. It is a reflection of deep gender inequality.

The cost of justice

Economic vulnerability makes the challenge worse. A woman who depends on her family for housing, financial assistance, or social security may hesitate because she feels she has nowhere else to go if she stands up for herself. Litigation requires money, time, and mobility. Each visit to a court or revenue office can mean lost wages, travel expenses, and childcare burdens. When the cost of pursuing justice feels heavier than the promise of the outcome, withdrawal becomes rational.

What institutional support makes possible

The Legal Aid Society has played an important role in advancing inheritance rights through strategic litigation and legal support. It has taken up a total of 48 inheritance cases, supporting 45 women, 2 men, and 1 transgender person in securing their lawful entitlements. To date, 24 decisions have been ruled in favour of LAS clients, while 11 cases were decided against them. The remaining cases continue to be in progress. These figures reflect LAS’s sustained commitment to ensuring equitable access to justice and strengthening women’s property and inheritance rights.

One such case is a story of extraordinary courage in the face of violence and betrayal. A survivor was denied her rightful property and subjected to repeated threats by her own family. What should have been a matter of lawful entitlement turned into a painful and dangerous battle. Despite pressure and threats, she refused to surrender what was legally hers. Her brother then planned and carried out an acid attack against her, and also attacked her husband and sons with a dagger. The violence left her with multiple injuries. During proceedings, the court observed that she had sustained significant harm and awarded her compensation. The legal battle continued for three years, during which she endured trauma, threats, and the emotional strain of prolonged litigation. Ultimately, the decision was given in her favour. Her journey is not only one of survival, but of resilience.

Another powerful case involved a woman who fought her inheritance case with LAS for four years while facing emotional torture from her family. When she demanded her rightful share from her brothers, she was met with threats. She was forcibly removed from the family home and not even allowed to see her own mother. As the case continued, the pressure intensified. Her brothers had her husband picked up by the police. When she found him in custody, she was told he would only be released if she withdrew the case. Instead of giving in, she resisted. She approached the DIG, shared her full story, and with help, her husband was released. Despite the threats, emotional distress, and repeated attempts to coerce her into silence, she did not withdraw. She continued her legal fight & eventually won.

From legal entitlement to lived justice

This is where institutions such as LAS step in, providing legal representation, awareness, and pathways to enforcement for women who would otherwise face these barriers alone. Through strategic litigation, community engagement, and sustained advocacy, such interventions demonstrate that inheritance is not a favour to be granted, but a right to be secured.

The law in Pakistan is clear: women are entitled to inherit. The challenge lies not in recognition, but in enforcement. For underprivileged women in particular, justice can feel distant, obscured by cost and social pressure.

The work of the Legal Aid Society has shown that institutional support can shift this balance. By providing sustained representation, navigating complex procedures, and standing firm through years of litigation, LAS has helped women move from vulnerability to legal recognition. Just as importantly, these efforts contribute to a broader cultural shift: they demonstrate that claiming inheritance is neither rebellion nor ingratitude, but a lawful act grounded in dignity.

When justice becomes accessible, it does more than resolve disputes. It strengthens confidence in the rule of law and affirms that equality within the family is not optional, but essential.

The denial of inheritance is often dismissed as a private family disagreement. In reality, it is a structural economic issue. When women are excluded from inheritance, economic dependency deepens and wealth remains concentrated along gendered lines. The impact is intergenerational. Daughters raised in it households without asset ownership inherit vulnerability alongside tradition. The issue, therefore, is not simply about fairness within families. It is about economic justice within society.

Addressing this gap requires more than legal recognition. It requires awareness, accessible legal support, administrative transparency, and protection mechanisms that make enforcement possible. Without this combination, inheritance remains a right that exists in theory but fails in practice.

Copyright Business Recorder, 2026