ISLAMABAD (Dunya News) - The Supreme Court in an important decision regarding women's inheritance rights has declared that a jirga or any tribal tradition cannot deprive an heir of his or her right to inheritance under Islamic Sharia and law.
In a judgment written by Justice Irfan Saadat Khan, while ruling on the dispute over the possession of Mithi Khan's hereditary land, the Supreme Court upheld the decision of the Balochistan High Court and rejected the attempt to seize hereditary land through fraudulent transfers.
The court ruled that no legal right can be established over property acquired through fraud, and the entire legal edifice built on a fraudulent transfer automatically collapses.
The Supreme Court said in its ruling that tribal traditions that disinherit women are illegal, that disinheriting daughters is a violation of both Sharia and domestic law, and that no jirga or tradition can be above the law and Sharia.
The court further held that revenue records do not constitute conclusive evidence of transfer of ownership, therefore, fraudulent transfers have no legal standing.
The Supreme Court directed that the distribution of inherited land would be done only in accordance with Islamic inheritance law and that no compromise could be made on the inheritance rights of women.