DEV Community: Muhammad Tariq Younas

Women’s Inheritance Rights in Pakistan — A Clear Legal Guide

Muhammad Tariq Younas — Sun, 23 Nov 2025 07:20:02 +0000

Introduction:

Inheritance disputes are one of the most sensitive legal issues in Pakistan, especially when it comes to a woman’s rightful share. Many women still face delays, denial, or pressure from family members despite clear protections under Islamic law and Pakistani legislation.
In this post, I break down the core principles, legal procedures, and enforcement mechanisms that protect women’s inheritance rights today.

Legal Foundation of Women’s Shares

Under Islamic law and Pakistani statutes, every woman has a fixed, guaranteed share in inheritance. No family member or authority can legally deny or reduce it. Whether she is a daughter, wife, sister, or mother, her entitlement is protected and enforceable.

Claiming Inheritance — When Court Involvement Is Needed

If all heirs cooperate, the transfer process can be completed through mutation, an FRC, and property documents.
However, if any heir refuses to cooperate or attempts to block the process, a court decree becomes essential. Courts verify legal heirs, determine shares, and issue orders for transfer.

Role of the Deputy Commissioner (DC) Under the 2020 Act

The Enforcement of Women’s Property Rights Act, 2020, empowers the Deputy Commissioner to intervene when a woman is denied possession even after a court decree.
The DC can order restoration of possession, direct the revenue department, and ensure the rightful heir receives full enforcement.

Movable and Immovable Property Rights

Women can claim inheritance in all forms of a deceased person’s assets, including:

Land and houses
Commercial buildings
Bank accounts
Insurance and investments

Movable valuables and other assets

Her right is universal across property types.

How Long Does the Process Take?

Uncontested cases may take a few weeks to complete.
Disputed matters can take longer due to court procedure, mutation, and enforcement — but the law provides a complete roadmap to secure her rights.

Resolving Disputes Without Litigation

Heirs may also settle inheritance matters amicably through family discussion or mediation. Any agreement must be documented and signed by all heirs.
Legal oversight is recommended to ensure the woman’s share is not compromised.

Full Article

Read the complete detailed guide here: https://www.tariquelaw.com/2025/11/womens-inheritance-rights-pakistan.html

The Constitutional Court in Pakistan

Muhammad Tariq Younas — Mon, 10 Nov 2025 06:20:40 +0000

Introduction
Reports indicate that the Government of Pakistan is preparing the 27th Constitutional Amendment of Pakistan 2024 to establish a dedicated Constitutional Court. The proposal—if approved—would be a major reconfiguration of Pakistan’s judicial architecture. Early reports suggest the new court will initially sit with seven judges who may retire at the age of 68, and that its primary role would be the interpretation of the Constitution and adjudication of constitutional disputes. This article analyses the legal rationale, probable structure, and significant implications of the proposed reform.

What is a Constitutional Court?

A Constitutional Court is a specialized judicial body focused on constitutional adjudication: review of legislation, disputes between the federation and provinces, protection of fundamental rights, and determining the validity of constitutional amendments. Unlike a general appellate court, a constitutional court concentrates expertise in constitutional law to deliver consistent, principled rulings on matters affecting the supreme law of the land.

Key Proposals in the 27th Amendment (Reported)

Based on current reporting, the proposed amendment includes several headline features:

Establishment of a Constitutional Court: a separate forum dedicated to constitutional questions.
Composition: initially, seven judges chosen from the superior judiciary.

Retirement age: judges are to retire at 68 years.
Exclusive jurisdiction: constitutional interpretation, federal-provincial disputes, and high-value constitutional petitions.
Relationship with the Supreme Court: the amendment reportedly redefines roles between the Supreme Court and the new Constitutional Court (details pending).
Because the 27th Amendment is still in draft form and subject to parliamentary debate—and because petitions have been filed contesting its provisions—it is essential to treat the published features as proposed rather than final.

Call to Action

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Human Rights: Chanllenges and Solutions

Muhammad Tariq Younas — Tue, 14 Jan 2025 10:50:45 +0000

Introduction

Human rights are fundamental to preserving human dignity, equality, and justice. Across the globe, individuals and groups rely on human rights laws to protect them from oppression, discrimination, and inequality. Vulnerable populations—including refugees, minorities, women, children, and the disabled—face unique challenges that make the enforcement of human rights laws even more critical. In this article, we explore the role of human rights law in safeguarding vulnerable populations, highlight key challenges, and discuss potential solutions to strengthen protections.
Understanding Human Rights Law
Human rights law refers to the body of international, regional, and national laws designed to protect individuals' basic rights and freedoms. These laws are enshrined in key documents, such as:

The Universal Declaration of Human Rights ( UDHR)
Adopted by the United Nations in 1948, the UDHR outlines fundamental rights like freedom from torture, the right to education, and the right to equal protection under the law.

International Covenants
Treaties like the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social, and Cultural Rights (ICESCR) legally bind signatory countries to protect civil liberties and socio-economic rights.

Regional Instruments

Instruments like the European Convention on Human Rights and the African Charter on Human and Peoples' Rights provide additional protections tailored to specific regions.

Key Vulnerable Populations and Their Rights
Refugees and Asylum Seekers
Refugees and asylum seekers are among the most vulnerable groups, often fleeing war, persecution, or natural disasters. International laws, such as the 1951 Refugee Convention, grant them the right to seek asylum and protection from refoulement (being returned to a country where they face danger).

Challenges: Many countries are tightening immigration policies, leaving refugees stranded or detained under inhumane conditions.
Solutions: International cooperation and fair resettlement programs are essential to ensure that refugees are treated with dignity and respect.
Women

Women face gender-based discrimination, violence, and economic inequality worldwide. Instruments like the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) provide a framework to address these issues.

Challenges: Despite legal frameworks, gender-based violence and unequal access to education and healthcare persist.
Solutions: Advocacy, education, and enforcement of gender equality laws at the national level are critical.
Children

Children are entitled to special protections under the Convention on the Rights of the Child (CRC), including the right to education, healthcare, and protection from exploitation.

Challenges: Child labor, trafficking, and lack of access to education are rampant in many parts of the world.
Solutions: Strengthening child welfare systems and increasing access to education can help address these challenges.
Persons with Disabilities
The United Nations Convention on the Rights of Persons with Disabilities (CRPD) recognizes the rights of disabled individuals to live independently and participate fully in society.

Challenges: Discrimination, lack of accessibility, and inadequate social support systems hinder their inclusion.
Solutions: Governments must implement accessibility measures and provide adequate resources to empower disabled individuals.

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