File Photo of Balochistan High Court building

BHC: Landmark judgment about women’s rights

Editorial : 

The Balochistan High Court (BHC) in a landmark judgment has thoroughly debated women’s inheritance rights in the light of verses from the Holy Quran. The court has given multiple references to Quranic verses that guarantee the women’s right to inheritance.

Indeed, this is the right step in the right direction in protecting the rights of women across the country. The judgment would serve to be a good reference/precedent in the future regarding women’s political, constitutional, social, and economic rights.

Women shall have the right to inherit regardless of the size of the inheritance, the Holy Quran makes it clear that in all cases women should have their share. Apart from this, a division bench of the BHC comprising Chief Justice, Mr. Justice Jamal Khan Mandokhail and Mr. Justice Kamran Malakhail have also given references to the Constitution of Pakistan, which ensures women’s right to inheritance.

Cases of inheritance are under trial for decades 

Cases of inheritance are under trial for decades in Balochistan like in other parts of the country. The court’s order of deciding cases within 3 months is a good omen for aggrieved women. This historic judgment has actually sensitized the sub-ordinate judiciary, civil society, political parties, religious groups about women’s right to inheritance.

Daughters, sisters, and mothers share in ancestral lands is something rare in this part of the world. The court has rightly observed that women cannot be denied their rights through nominal cash, gifts, etc. Rather, daughters and sisters should be given their due share as per the religion and constitution.

No settlement without the participation of women: BHC

The bench has ordered that no settlement can be conducted without the participation of women. This is something very important. Board of revenue records shows lands are being transferred from grandfather to father, son, and grandson with no mention of grandmothers, mothers daughters, or sisters.

The court has also ordered National Database and Registration Authority (NADRA) to coordinate with the board of revenue department and provide complete details about the family tree in the case of any inheritance.

Now it is up to the government, political parties, civil society, media, and religious scholars to make sure implementation of the court judgment in this light of Shariat (Islamic law).

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Quetta Voice is an English Daily covering all unfolding political, economic and social issues relating to Balochistan, Pakistan's largest province in terms of area. QV's main focus is on stories related to education, promotion of quality education and publishing reports about out of school children in the province. QV has also a vigilant eye on health, climate change and other key sectors.