Legal Rights of Women in Marriage & Inheritance in Pakistan

Legal Rights of Women in Marriage & Inheritance in Pakistan – Complete Guide

In Pakistan, women's rights in marriage and inheritance are governed by a combination of Islamic law, statutory laws, and judicial interpretations. Understanding these rights is crucial for ensuring equality, protecting legal entitlements, and avoiding exploitation. This guide explains women's rights under Pakistani law in a clear and practical way.

1. Women's Rights in Marriage

Marriage in Pakistan is a legal contract (Nikah) under Islamic principles. The law provides women with several key rights:

• Right to Consent: A marriage is only valid if the woman freely consents to it. Forced marriages are illegal under the Prevention of Anti-Women Practices Act, 2011.
• Mahr (Dower): A mandatory payment from the husband to the wife, agreed at the time of Nikah, either in cash, gold, or property. The wife has full control over it.
• Right to Maintenance (Nafaqa): The husband is legally bound to provide food, clothing, shelter, and healthcare to his wife during the marriage.
• Right to Education & Employment: Unless specifically restricted in the Nikah Nama, women retain the right to study and work.
• Right to Separation: Women can seek divorce (Khula) or enforce Talaq-e-Tafweez if delegated in the Nikah Nama.

2. Women's Rights in Divorce

Pakistani law recognizes various forms of divorce, each offering protections to women:

• Khula: A woman may approach the Family Court to dissolve her marriage if she cannot live with her husband within the bounds of marriage.
• Talaq-e-Tafweez: If delegated, the wife can pronounce divorce herself.
• Maintenance During Iddat: The husband is required to maintain his wife during the Iddat period after divorce.

3. Women's Rights in Inheritance

Inheritance rights in Pakistan are based on Islamic law as enshrined in the Muslim Family Laws Ordinance, 1961 and the Succession Act, 1925 for non-Muslims. Key points include:

• Daughters: A daughter is entitled to half the share of a son when inheriting from her parents.
• Wife: If the husband dies without children, the wife gets one-fourth of the estate. If there are children, she gets one-eighth.
• Widows' Property Rights: The widow has full ownership over her inherited share and cannot be deprived of it.
• Protection Against Deprivation: Any attempt to deny women their rightful inheritance is punishable under the Anti-Women Practices Act, 2011.

4. Legal Remedies for Women

Women who are denied their marriage or inheritance rights can approach:

• Family Courts: For issues related to marriage, divorce, custody, and maintenance.
• Civil Courts: For property disputes and inheritance claims.
• Police & FIA Cyber Crime Wing: For harassment, fraud, or document forgery cases.

5. Conclusion

Pakistani law provides comprehensive rights to women in matters of marriage and inheritance, but awareness and enforcement remain key challenges. Women should be informed about their legal rights and seek professional legal assistance when needed to protect their interests.