By Advocate G.M Choudhry Tax & Corporate Consultant
Co-founder &associated Partner of G&Z LEGAL NEXUS
Islamic Law
Pakistan emerged into existence on the basis Kalma Tayyaba and Islamic beliefs. Islam gives the property rights to women in inherited property by 1:2. It means 1 part will go to the daughter and 2 parts will go to the son of the deceased.
Traditions and conventions
In our society father looks after and brings up his family. In case of feebleness and death of the father, older sons take responsibility for their father. The daughters of the deceased father totally depend on male members of society. Sister does not claim from her brother her rights in inherited property due to some love emotions and fears in the future. The fears may be restraint in relations with brothers. The sister leaves and ignores her rights in favor of her brothers. Some time brothers play afoul with their sister and get transferred inherited property in their name.
Our story
I want to tell and share my story regarding this issue. I transferred the share of my sister in her name after the death of our beloved father but possession and earning is still with us. We asked our sister to take possession and earn by her but she expressed traditional fears. We want to honor the Islamic law of inheritance but the issue is still pending. It is mentioned that the fourth generation of our family wants to act upon the Islamic Law of Inheritance while three previous generations ignored this valuable Islamic principle.
THE PUNJAB ENFORCEMENT OF WOMEN’S PROPERTY RIGHTS ACT 2021
The Punjab Assembly passed a law this year by the title of THE PUNJAB ENFORCEMENT OF WOMEN’S PROPERTY RIGHTS ACT 2021to resolve the issue of enforcement of women’s property rights. There will be Ombudperson who will hear the cases of moveable and immovable property of women on a fast track basis. The Deputy Commissioner of the district will be the investigation officer who will submit the investigation report to the Ombudsperson.
Purpose and Spirit of Law
It is expedient to provide for the protection of rights of ownership and possession of properties owned by women, ensuring that such rights are not violated by means of harassment, coercion, force, or fraud.
I consider it is valuable legislation by Punjab Assembly to provide relief to vulnerable segments of our society. This piece of legislation only works out if the ombudsperson and DC respect the purpose and spirit of the law.
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