Reforming Gift-Giving Traditions to Promote Women's Inheritance in Pakistan: Legal and Islamic Insights

Abstract

Women’s right to inheritance is established and protected by Islam.
Pakistan, as an Islamic country, expects its citizens to obey all of the
principles enshrined in the Holy Quran and Sunnah. However, in
case of inheritance to women, people often deviate from these
guidelines. Although many efforts are in progress to augment the
social and economic status of women in this country, despite that
malafide practice persists in this society where Pakistani women,
before or at the time of marriage, are compelled, due to undue
influence, to surrender their inheritance in favor of their brothers.
This systemic exclusion of women from inheritance happens through
the transfer of property using the guise of gift. Even though courts in
the country are cognizant of this practice and are actively trying to
tackle it through their judgments, yet their efforts alone are
insufficient. In these circumstances, what this society needs are
amendments in both criminal and civil laws to unambiguously
prohibit the deprivation of women from their rightful inheritance.
Additionally, it is also the legal as well as moral duty of every