2. Womens Rights Inheritance Previous Legal and Cultural
Practices Inheritance and Shariah Perspective(Quran /Sunnah)
Shariah and Womens Right to Inheritance Womens Right to
Inheritance: Pakistans Law National Legislation, Legal Procedures
Minor Girl Childs Right Current Issues Related to Inheritance
Burning Questions related to Social Malpractices Lacunas in
Legislation/Implementation Recent DevelopmentShagufta Omar, In
Charge Dawah Centre for Women,10/1/2012 Dawah Academy IIUI,
Pakistan 2 3. Economical SocialCulturalCivilPolitical Shagufta
Omar, In Charge Dawah Centre for Women,10/1/2012Dawah Academy IIUI,
Pakistan3 4. Inheritance (components)Transfer of property of the
deceased to legal heirs Estate Propositus(Property) Heirs(Deceased)
(Movable and(Waris)(Mooris)Immovable)(Taraka)Shagufta Omar, In
Charge Dawah Centre for Women,10/1/2012 Dawah Academy IIUI,
Pakistan 4 5. What is left is national property, should not be
passed onto anyone It is combined property of the family, should
not bedistributed Only males deserve the inheritance, no women
shouldreceive it Those males of the family who were capable of
indulgingin war could be heirs The eldest male child of the
deceased was rightful heir Women could inherit share from movable
property butnot from immovable property Islam in 7th c gave the
right of inheritance to women frommovable as well as immovable
property (She will bewaris as well as mooris)Shagufta Omar, In
Charge Dawah Centre for Women,10/1/2012 Dawah Academy IIUI,
Pakistan 5 6. There is a share for men and a share for women from
what is left by parents and those nearest related, whether, the
property be small or large A legal share. (An Nisa 4: 7) These are
the limits (set by) Allah (for ordainments as regards laws of
inheritance), and whosoever obeys Allah and His Messenger (Mohammad
SAW) will be admitted to Gardens under which rivers flow (in
Paradise), to abide therein, and that will be the great success .
(An Nisa 4:13) Shagufta Omar, In Charge Dawah Centre for
Women,10/1/2012Dawah Academy IIUI, Pakistan 6 7. And whosoever
disobeys Allah and His Messenger (Mohammad SAW), and transgresses
His limits, He will cast him into the Fire, to abide therein; and
he shall have a disgraceful torment. (An Nisa 4:14)Shagufta Omar,
In Charge Dawah Centre for Women,10/1/2012 Dawah Academy IIUI,
Pakistan 7 8. Thereis a share for women and a sharefor men.(An Nisa
4:7) Women receives inheritance in variouspositions under various
circumstances: Mother, sister, daughter, wife, grandmother
(paternal and maternal), granddaughter (paternal and maternal),
aunt (Paternal and maternal) Shagufta Omar, In Charge Dawah Centre
for Women,10/1/2012Dawah Academy IIUI, Pakistan 8 9. Zawil Farud
(Sharers)women 8, men 4Asabat (Residuary)women/menZawil Arham
(Distantkindred) women/men Shagufta Omar, In Charge Dawah Centre
for Women,10/1/2012Dawah Academy IIUI, Pakistan 9 10. Equal to Male
Parents of deceased Siblings in case of absence of parents/children
Maternal sisters/brothersLess than Male for daughters, in presence
of sons In case of no sons 2/3 is shared among sisters/if only
daughtershe gets half, and the rest goes to her paternal
brothersMore than Male 1/8th of wife, is sometimes more than what
her son gets Shagufta Omar, In Charge Dawah Centre for
Women,10/1/2012Dawah Academy IIUI, Pakistan10 11. Mothers share:
Zawil Faruz (Sharer) (An Nisa 4;11) with children 1/6th for mother
and father Without children 1/3rd With brothers and sisters of
deceased 1/3rdDaughters share: Zawil Faruz (Sharer) (An Nisa 4;11)
Only one daughter/no son: of inheritance Two or more daughters/no
son: will share 2/3 ofinheritance Daughters and son: of a
sonShagufta Omar, In Charge Dawah Centre for Women,10/1/2012 Dawah
Academy IIUI, Pakistan 11 12. Wifes share: Zawil Faruz (Sharer) (An
Nisa 4:12) with children 1/8th without children 1/4th in case of
more than one wife: will share from 1/8th or 1/4thSisters share:
Zawil Faruz (Sharer). Will get share inthe absence of children or
parents or grand parents Real sisters Father related Mother related
Shagufta Omar, In Charge Dawah Centre for Women,10/1/2012Dawah
Academy IIUI, Pakistan 12 13. Grand Mothers (Paternal/Maternal)
Zawail Faruz (Sharer) Will get share in the absence of parents
1/6th if one, if more will share 1/6thGrand Daughters (Paternal )
None if son is alive None if no son but 2 daughters when one grand
daughter with no son/daughter 2/3 when 2 or more grand
daughtersShagufta Omar, In Charge Dawah Centre for Women,10/1/2012
Dawah Academy IIUI, Pakistan 13 14. Step RazatNo bloodRelations
RelationsRelationsAdopted daughterDaughter inmother motherlaw(Bahu)
Mother in law (SAS)daughter DaughterChachi sister sister Mami
Shagufta Omar, In Charge Dawah Centre for Women,10/1/2012Dawah
Academy IIUI, Pakistan 14 15. In case of Jahaiz (Dowery) given?
Women will be entitled to inheritanceIn case of divorce or husbands
death In case of remarriage widow of deceased will get the
nheritance If dower(Mehar) was not paid will be paid from
inheritance first If a man gave revocable divorce, wife will get
inheritance If a man gave irrevocable divorce, wife will not get
her share If a woman gets khula before husbands death, she is not
entitlesfor her shareIn case of wifes death?If wife dies without
receiving dower (Mehar),it will be included in
herinheritanceShagufta Omar, In Charge Dawah Centre for
Women,10/1/2012 Dawah Academy IIUI, Pakistan15 16. Constitution
Article 23, recognizes the right of all citizensincluding women to
own property andindulge in any lawful businessShariat Application
Acts 1948. 1962 Share holders getting their due shareaccording to
Shariat Application ActsShagufta Omar, In Charge Dawah Centre for
Women,10/1/2012 Dawah Academy IIUI, Pakistan 16 17. No Codified Law
general law/civil law/ shariat application actMovable property
Succession ActImmovable property Revenue office,
Tehseeldar/patwariShagufta Omar, In Charge Dawah Centre for
Women,10/1/2012 Dawah Academy IIUI, Pakistan 17 18. Ambit
Magistrate/Civil courts District/session courts High court Supreme
courtRural/urban divide in rural possession through partition In
urban possession after getting wirasat namaCourt fee 10-15
thousandsShagufta Omar, In Charge Dawah Centre for Women,10/1/2012
Dawah Academy IIUI, Pakistan 18 19. Nature of estate Agricultural
land/Urban land? Movable or immovable property?Acquisition of
transfer papers Registration in revenue office for rural land
Acquiring wirasat nama for urban land Acquiring succession
certificate for movable propertyFiling suit/case in court For
agricultural land in tehsildar court For urban land in civil court
For movable property in civil courtShagufta Omar, In Charge Dawah
Centre for Women,10/1/2012 Dawah Academy IIUI, Pakistan 19 20. Can
own but not operate their property Appointing a guardian through
court forhandling of property If to be sold, with the permission of
court,will be deposited in the account of the childor spent for her
welfare Parents, though natural guardian, stillrequire permission
to become a guardianfor handling of a minors property Shagufta
Omar, In Charge Dawah Centre for Women,10/1/2012Dawah Academy IIUI,
Pakistan 20 21. MuslimFamily Law Ordinance 1961,Section 4 Shariah
perspective Federal Shari at Court Decisionconcerning this issue
(PLD/2000FSC1) Appeal of government against the decisionin Shari at
Appellate bench of SupremeCourt Shagufta Omar, In Charge Dawah
Centre for Women,10/1/2012Dawah Academy IIUI, Pakistan 21 22.
Benevolent Funds given inFund or PensionRecognition ofGroup
Insurancesome servicesCompensationsDyat After(distributed on the
principle of accident/calamityinheritance) Shagufta Omar, In Charge
Dawah Centre for Women,10/1/2012Dawah Academy IIUI, Pakistan22 23.
Provident Fund It is personal property of deceasedRoyalty of books
It is also intellectual property ofdeceased generating
moneyShagufta Omar, In Charge Dawah Centre for Women,10/1/2012
Dawah Academy IIUI, Pakistan 23 24. Can a womans right to
inheritance be write off? HaqBakhshawana/Marriage to Quran. No If a
brother is maintaining his sister can he withhold ordeny her share?
No Shall a woman surrender her share on fear of poor/tenserelations
with brothers? No Can Jahaiz (dowry) compensate for inheritance? No
Can sisters allow to delay distribution of property untiltheir
brothers studies completion/job acquisition? Yes Is there any time
limitation legally, for a woman todemand her share ? No, Law of
limitation is not appliedin inheritance cases. (2002 CLC,
2001)Shagufta Omar, In Charge Dawah Centre for Women,10/1/2012
Dawah Academy IIUI, Pakistan 24 25. No proper codified lawAccording
to a general rule set in SHAA1948. 1962, it will be divided
according toShariah principles No provisions for penalties on
violation Not included in the ambit of family courts Shagufta Omar,
In Charge Dawah Centre for Women,10/1/2012Dawah Academy IIUI,
Pakistan 25 26. Bill titled Khawateen Dushman Rawayat ka
Imtana(Criminal Law Amendment )is passed from NationalAssembly in
Nov. 2011, including inheritance issues ofwomen, partially Yet to
become a law after due process of passingthrough senate Malpractice
of Haq Bakhshawana/Quran Marriage isdeclared a crime with penalty
of 3 to 7 yearsimprisonment and 10 lac fine Other practices for
avoiding womens due share ininheritance either movable or immovable
property, willbe dealt with penalties of 5 to 10 years
imprisonmentor 10 lac fine or both These crimes will be un
bailableShagufta Omar, In Charge Dawah Centre for Women,10/1/2012
Dawah Academy IIUI, Pakistan 26 27. Wirasat ki Taqseem:Kia, Kyoon
aur Kaiseyby Women Aid Trust Haq-e-Wirasat:Jadeed Daur ke Masail by
Women Aid Trust Shagufta Omar, In Charge Dawah Centre for
Women,10/1/2012Dawah Academy IIUI, Pakistan 27 28. Thanks
