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disrespect for having no place in her father's family. She decided Wealth Warto remain silent, despite the injustice meted by her brother. Syed Nazar Hussain Shah and Syeda Amina Nazli were siblings.

Growing up together in the same home, they did not know that a Nazli became ill, but she did not tell anyone about her ailing day would come when this brother would rob his sister of her condition. She knew that if she disclosed her disease, she would rights. Their father, Syed Riaz Ahmed, belonging to middle class, be taken to the hospital which would be a burden on her could barely make ends meet and to put them through schools husband. She died on July 30, 2003, without receiving proper was not easy either. Yet, he decided that his son should study in medical care.a private institution where he would also learn English. At the

same time, due to his meagre resources, he put his daughter in a The Deceit Continues....public school. Not realising, this discrimination gave rise to a

difference of personality development between the two “After our mother's death, we contacted our maternal uncle and children. The son carried a chip on his shoulder. demanded our mother's share,” informed her son. Shah refused

point blank. “We then approached the Tehsildar (Revenue After Ahmed expired on April 5, 1977, Nazli's education came to Administrative Officer) of Quetta, for obtaining the record of the a standstill. Soon, Shah took possession of the property and property. There, it was revealed to us that our uncle had filed an assets of his father and disallowed his sister, who had been application on August 21, 1995 for grant of Fard for the purpose married, from entering their father's home. of house acquisition before the Tehsildar. On the same day he

1also got a fatwa from a religious scholar whereby he disclosed With the passage of time, the price of property escalated. Nazli that he was the only child of our maternal grandfather,” said requested that the inherited property be equitably distributed Nazli's son. Shah had also submitted an affidavit in this regard, between the siblings so that she, too, could buy a house of her and on this basis the mutation of inheritance was effected in his own. But Shah flatly refused. name. Thus he, through his malafide intention, did not mention

the name of his sister being among legal heirs of late Syed Riaz Following this refusal, Nazli asked her brother to allow her to live Ahmed, before the revenue authorities just to deprive her from in a single room in her father's house. Her brother refused the lawful right of inheritance.outright, saying she had no right to the property. She was very poor and could not afford to have conflicts with her brother and “We were aggrieved by the fraudulent behaviour of our uncle, go into costly litigation. Moreover, this could jeopardize her but we immediately filed a suit, declaring ourselves the legal relations with her in-laws who would look upon her with heirs and joint owners of the property left by our maternal

InheritanceA Right Denied

1 A religious opinion concerning Islamic law issued by an Islamic scholar

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share in the disputed property may be distributed among her children.

For Richer, For PoorerAggrieved by the judgement of the court, Shah appealed before the Balochistan High Court (BHC) on December 18, 2009, which is still pending for adjudication.

It is reported that he has already sold the disputed property to another man, and has received full payment. He therefore wants a decision in his favour. In this respect he first tendered a proposal to resolve the issue outside the court, failing which he extended threats to his sister's family.

Nazli's children knew their uncle did not care about their mother in her life time. She died without receiving any medical treatment as she could not afford to pay the medical expenses. They were cognizant of the fact that their uncle with his fraudulent tactics is interested in getting a property worth millions by paying a paltry sum of a few thousands. However, in view of his threats and to avoid criminal conflict they have given

grandfather. We also asked for the partition of the inherited up and have shifted to Karachi.

property,” said her son.

The Dark Side of InheritanceIn retaliation, Shah filed his written statement and contested the The issues lie in the implementation of laws in Pakistan. Laws suit on the ground that his father Syed Riaz Ahmed was not in a which place responsibility for the state's welfare over the position to pay the purchase price of the house in question. He shoulders of citizens are usually enforced such as, laws falsely claimed that he, being a government servant, had made pertaining to income tax and sales tax. However, laws which all payments to purchase the house in dispute. Therefore, the give relief to the deprived people are hardly ever enforced. In children of Nazli had no right to claim that the house in question the above case, the law does provide the right of inheritance to was an inherited property. In his defence, he could not produce a women, but it is the society and culture which negates such single documentary proof that he had paid the purchase price of laws. Law even provides facilities to women for getting these the house in question, nor was this contention proven from any rights. For instance, the non-application of limitation law and other ocular account of witnesses. He also raised a defence that non submission of court fee is a positive facility provided to his sister waived her rights in the property. women only, whereas this favor is not given in other cases.

However, these two pleas were declared reciprocal The dark side of the picture is that brothers, in certain cases, contradictory by the court. The court, while discussing whether conceal the names of their sisters in the record of rights. The she waived her rights, declared that he should have produced state must ensure that it does not allow them to do so. When some document showing that his sister, Nazli, had forgiven her Syed Nazar Hussain Shah approached the revenue authority to rights in favour of her brother. Instead, he concealed her name in transfer the property in his name alone, it was the duty of the front of the registering authority and submitted a forged and concerned authorities to verify facts from neutral sources. The fabricated affidavit that he was the only legal heir of his father. facts can be verified from the Nazim (Councilor) or concerned Thus, the court declared that the plea of forgoing her share in the police officer or through the assistance of National Database and favour her brother had no legs to stand. Registration Authority (NADRA) so that the practice of concealing the names of females is done away with. Finally the court declared that Syeda Amina Nazli and Syed

Nazar Hussain Shah both were legal heirs of late Syed Riaz Reportedly, the revenue authorities get involved with the Ahmed and were entitled to their due shares in the property in perpetrators and transfer property without going into the details question, according to the relevant law specified in Shariah. The of the facts. The ultimate victim of this pathetic situation is the mutation No.239, whereby the property in question was woman.transferred in the name of Syed Nazar Hussain Shah through

Intiqal-e-Wirasat (Transfer of Inheritance), was ordered to be Inheritance: The Ground Realitycancelled with further directions to get the property in question

transferred in both the names. The court further declared that Article 23 of the Constitution of Pakistan 1973 states: “Every since the victim lady could not get her due rights in her life, her citizen shall have the right to acquire, hold, and dispose of

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Pakistan ratified Committee on Elimination of Discrimination property in any part of Pakistan”. It further guarantees the “rights against Women (CEDAW) in 1996 and has committed itself to to property and equality of citizen as fundamental rights” and removing discrimination against women through legislative and also to strike down any custom having the force of law as far as it administrative measures. While the convention does not is inconsistent with the fundamental rights.explicitly address women's right to inheritance, it implicitly does so through Article 15 which secures their legal status and grants Inheritance in Pakistan is governed by Islamic Shariah (the them the property rights. The National Policy for Women's sacred law of ) as codified in the Family Laws Ordinance Development and Empowerment, promulgated in 2002, 1961, the West Pakistan Muslim Personal Law Application Act (V acknowledges women's disadvantaged position and aims at of 1962) and the Succession Act, 1925. Prior to the introduction empowering women irrespective of caste, creed and religion. Its of Shariat laws, custom defined inheritance and courts referred primary objectives are to remove inequalities, protect women's to personal laws only in the absence of a local custom. The law human rights and to eliminate negative customary practices. provides for the distribution of shares according to the personal However, rarely are these international conventions and law of each religious community in the country (Christians, Parsi, national commitments adhered to in real life. Hindu etc.). The Quranic principle underlying the Islamic law of

inheritance is “blood relationship is cause of title to succession.” In Pakistan, women in urban areas enjoy slightly better status The law elaborates shares of grandmothers, son's daughter/s, than their rural counterparts. However, even in the cities there uterine sisters, full sisters etc., and the circumstances under are several instances where females have approached the which they can receive inheritance. courts for obtaining their inherited share.

A Right DeniedPrecise and specific entitlement and share of women has not only elevated their position, but simultaneously safeguarded their socio-economic interests as far back as 1400 years through Islam. Quranic verses [4:11, 4:12 and 4:176] give specific details of inheritance. In the light of these verses, together with the tradition of Prophet Muhammad (PBUH), as well as methods of juristic reasoning, inheritance issues are resolved. "Allah commands you regarding your children…for the male a share equivalent to that of two females" [Quran 4:11]. Thus God has clearly bestowed the right of inheritance to female, which can never be denied by any legal instruments.

Contrary to Islamic teachings, the women of Pakistan are Wills under the law are not legally binding; however, gifts of routinely deprived of their inherited property rights. They are not movable or immovable property can be accorded during a provided with any opportunity to claim their religiously-person's life. Under the Islamic law, inheritance should guaranteed right to inherit the property. In some parts of the immediately take place upon the death of a person. However, country they are even forcibly married off to the Quran. The the property has to be free from all encumbrances. If the motivation for this does not seem to be religious dedication, but property in question is under litigation or dispute, in practice the rather a lust to keep the family inheritance from getting division can stretch on for years, even generations. dispersed. Since, if the daughter is married to the Quran, she cannot marry any man and therefore her share of the land Women do not automatically receive their share of inheritance. remains intact. As land is a strong determinant of social status and power, there

is the desire to keep property within the family. Moreover, women's ignorance about legal, economic or political rights, Empowerment of Women – A Far Cryviolence imbedded in customary practices, absence of available Generally the land distributed to the poor by the government is and accessible protection and justice to women, and restricted always registered in the name of the male member of the mobility – these factors collectively deny women opportunities family, thus setting aside the right of ownership by woman at of owning and possessing assets and resources. A very powerful the very outset. barrier in women's empowerment is their lack of knowledge about their economic rights under the law. As stated above they The rationale behind this practice stems from illiteracy, non-are not aware of the nature of land registration systems, awareness of women's dignity, and a repressive socio-political documentation, transaction procedures involved in taking environment. The carelessness displayed by the state to guard possession of land or retaining their share. They are also and promote the principles of women's rights makes it even unaware of judicial recourse that is available to them. more impossible to compensate the wronged women.

Islam

Voicing Issues of Victims of Human Rights Violations in Pakistan

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Unfairness to women forms the social fabric of a traditional tribal society of Pakistan. These forms of women's rights violations range from dowry (the money, goods, or estate that a woman brings to her husband in marriage), walwar (bride price), deprivation from inheritance, property, kidnapping, rape, gang-rape, domestic violence on wives, daughters, sisters and even on mothers, forced marriages of girls or marrying them off in their childhood, barter of women in the name of marriage or as compensation to settle feuds. Abuse of women in is, unfortunately, increasing with time. In general, women in Pakistan live in a world governed by strict social and tribal customs that accords them a secondary status.

Twisted Traditions“In our tribal culture we have observed that even on the occasion of death, the mullah (a male Islamic religious teacher In addition to this, legislation needs to be introduced to ensure or leader) comes and cajoles the family to grant the deceased that a woman's share in all property and assets acquired by the 'bakhshish' (forgiveness) while the family is in a state of shock, spouses after marriage (in addition her inherited property, and the dead body is lying before the family. The religious marital gifts and other dues from her husband) is legally scholar pledges that relinquishing the right to inheritance will recognized and secured for her in case of divorce or death of ease the departed soul in the hereafter. Even at the time of nikah husband. Moreover, all cases of inheritance of widows and (the matrimonial contract between a bride and bridegroom orphans filed in courts should be taken up on priority and settled within Islamic marriage), the mullah tries to cajole the bride to expeditiously. surrender her due share,” observed Sana Durrani, of Today's Women Organization, a non-governmental organisation. It needs to be kept in mind that the basic reason for the non-

compliance of gender-related laws is that although they are for Durrani advised: “Legislation should emphasize that at the time the benefit of the public in general and for deprived gender in of marriage or death and transfer of assets, all the family particular; they are not consistent with socio-cultural norms of members are present, specially the female heirs, and that they society,. Economic benefits of women often clash with the socio- understand their rights.” cultural values of society.

For the proper implementation of laws, it is therefore imperative Winning the Lost Groundthat citizens internalize the legal values of the effectiveness of Women should be provided full access to ownership and control such laws. If people follow the spirit of law, there is little doubt of assets. As a first step, the registration of title deeds of all state that women will not be deprived of their due property rights.allotted land for lease or housing schemes should be done

jointly in the names of husband and wife, and in the case of female-headed households to the woman.

Inheritance – A Right Denied

This case study has been authored by Dr. Suleman Qazi. During its compilation expert opinion on the subject was sought from Ms. Sana Durrani, CEO, Today’s Women Organization.