Empowering Tribal Women: A Journey To Inheritance Rights In Pakistan

(MENAFN- Tribal News Network) Maria Afridi, a BS student at the University of Peshawar and a resident of Khyber district, believes that women in tribal districts are now becoming more aware of their rightful share in inheritance as they have started raising their voices to claim these rights. This practice is still considered illegal in the tribal society.

Mrs. Qayyum Afridi, an elected councilor from Jamrud Tehsil of Khyber district, insists that the expansion of the judiciary and the introduction of the Land Registration Management Authority will help ensure the rightful share of local women in inheritance, which is guaranteed by both Islam and the Constitution.

Sharing her experience of meeting tribal women, she said that she had met many women from her area who were not fully aware of their rightful share in inheritance. These women were either uneducated or kept ignorant by the men of their families, who were tempted to take away their rightful share.

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However, she said that after the merger of erstwhile FATA with Khyber Pakhtunkhwa, the situation has changed, and tribal women have now started approaching the courts for redressal of their grievances, with their top priority being to get their right to inheritance. She believes that the tribal society cannot develop and progress until the role of women is recognized.

Former Member of Provincial Assembly Baseerat Bibi, who belongs to Khyber tribal district, lamented the growing trend of depriving women of inheritance and said that the tribal districts have suffered from backwardness since the creation of Pakistan. "I do not think that even three percent of the women in the tribal districts will be given a share in the property. People of civil society, local administration, media, and politicians are working on this important issue but family heads including religious parties, Jirga, and Hujra leaders can play an important role in solving this issue. But for this, it is necessary to train the men only then the better result will come." Baseerat further said that sisters and daughters should get their share in the property because the right to ask for a share in the property has been given to women by Islam and law.

Religious scholar Muhammad Israr Madani explains that daughters also have a right and a share in the legacy of their parents, just like male children. After the death of the parents, taking possession of their property by the sons and not giving their rights to the sisters and depriving them of legal share is illegal and a grave sin.

Muhammad Israr Madani further said that it is necessary to give the sisters their rights and share in this world. Otherwise, you will have to give in the hereafter, and it will not be easy to give in the hereafter. There are strict promises about this in the blessed hadiths. Therefore, it is necessary to give women a share of the inheritance. Depriving sisters of their inheritance or giving less than their rights is unjust.

Abdul Hadi Advocate, an expert in civil cases, says that inheritance, dowry, and Mehr are three different things. He said that inheritance can be received by a woman from her parents, siblings, or husband and children in case of marriage, but the heir must die leaving behind something in the inheritance. It is further said that dowry in a daughter's marriage consists of property given by parents which is a traditional practice. Whereas Mehr is given to a woman in return for marriage or Nikkah by her husband or her in-laws.

What are the major barriers to property acquisition?

Peshawar High Court lawyer Mehwish Mohib Kakakhel said that due to the continuous broadcast of programs and reports about the new law Property Act 2021 on TV channels, radio, and newspapers, people are becoming aware of property rights. This is the reason that cases are being registered regarding property, especially inheritance, and most of the women are approaching the court for their rights. She said that the main reason for the deprivation of the inherited property of women in the tribal districts is that their identity cards are not made or they are married in distant areas and they cannot return, due to which they are not given a share in the property.

Similarly, land transactions in merged districts are done verbally or through stamp papers. The lack of land revenue records is also a major obstacle to women's property. Many such cases come to us and we submit them to the provincial ombudsman, but due to the lack of land revenue records, tribal women are facing problems in getting their rights. She said that under the Property Act 2021, women of the entire province can approach the provincial ombudsman for the right to their inherited property. Cases can also be registered here which are already being heard in the courts. Women can also knock on the door of the ombudsman's office for illegal possession of the inherited property by the husband or children or for the transfer of the property listed in the marriage certificate.

Under the law, the provincial ombudsman is empowered to appoint a commission for the distribution of property. However, in cases where witness statements must be recorded, the provincial ombudsman will refer the case to civil courts. In such cases, the ombudsman first seeks a report from the concerned deputy commissioner about the property of the woman. In the light of the report, if it is not necessary to record the statements of the witnesses, then the provincial ombudsman gives his decision on the case within 60 days. In some cases, it takes many years, and in most cases the Deputy Commissioner does not submit his report due to which the case gets prolonged, in which case the Ombudsman has the power to withhold the salary of the DC.

She said that many property-deprived tribal women, especially the women of Khyber district, have submitted applications to the provincial ombudsman through the Deputy Commissioner's office, and for those women who cannot leave their homes, the ombudsman's office has submitted applications online and the facility of registering cases has also been given through social media platforms.

According to the documents obtained so far from the Provincial Ombudsman for Protection of Women's Inheritance Rights, more than 1700 women have filed complaints from the province to ask for a share in the inheritance, in which about 1000 cases are still pending.

Female provincial ombudsman Rakhshanda Naz said that the office of the provincial ombudsman was established in 2019 where most women submit their complaints regarding their right to dowry, harassment, agricultural land, and inherited property. At present, complaints regarding the property have been submitted from the tribal districts of Kurram, Khyber, Mohmand, Waziristan, Orakzai, and Dara Adam Khel, and inquiries are made when the complaints are received. If there is more pressure from the parties, then the commission inquires through a commission. "We have registered more than 1700 cases related to property, out of which more than five hundred cases have been settled, while in more than two cases, the complainants have got the property, in some cases, there has been settlement, while some cases remained unsettled due to lack of jurisdiction. After completing the inquiries and making references, they are referred to the civil court for detailed testimonies and evidence so that the court can complete further proceedings on it and issue an order."

Rakhshanda Naz said that she has a staff of 20 employees which is not sufficient, there is no regional office in any district of the province. An ombudsman is handling the entire province, yet with the help of various donors, a legal desk has been set up in Peshawar where women lawyers listen to the complaints of the complainants, in addition to hearing the complaints through email, telephone, and social media. For the convenience of illiterate women, a complaint application is also written on their behalf, apart from this, an application is made to the bar association by the ombudsman's office to provide the legal facility of free lawyers.

Rakhshanda Naz further said that awareness banners have been displayed in Deputy Commissioner offices regarding property, revenue staff are trained regularly, and seminars and awareness sessions related to harassment have been conducted frequently, and to raise awareness about property inheritance in tribal districts awareness campaigns will be conducted. Along with this, awareness campaigns are also being conducted on media and BRT stations. She demanded that for the effective role of the provincial ombudsman, not only the staff should be increased, but offices should also be established at the divisional level.

During the hearing of a case on September 23, 2021, the Supreme Court declared that if women do not take their right in life, their children cannot claim.

A three-member bench of the Supreme Court, headed by Justice Umar Atta Bandial, heard an appeal on behalf of the grandsons regarding the claim of the right in the property of the grandfather. If they do not take their right in life, then their children cannot claim on this occasion, Justice Umar Atta Bandial remarked that the law protects the right of women in inheritance.

According to Article 23 of the Constitution of Pakistan, every citizen has the right to own property in any part of Pakistan. According to Section 498A of the Pakistan Penal Code (Pakistan Penal Code 1860), whoever unlawfully deprives any woman of her inheritance of movable or immovable property shall be punished with imprisonment for a term which may extend to ten years. They may be punished with imprisonment for a term not less than five years or with a fine of one million rupees or both. According to Section 3 of the Khyber Pakhtunkhwa Enforcement of Women Ownership Rights Act 2012, no person shall destroy, violate, or obstruct the right of ownership of a woman. Section 4 of the Act states that any person who violates Section 3 shall be liable to imprisonment for a term which may extend to five years or a fine which may extend to Rs 50,000.

According to sub-section 3 of section four of the Act, whenever a woman files a case, the court shall decide the case within 6 months and the order shall be enforced by the local police within 1 month, failing which, the said officer shall be charged under Section 5 and shall be liable to imprisonment for a term which may extend to five years or to a fine which may extend to fifty thousand rupees. According to Section 4 of the Khyber Pakhtunkhwa Enforcement of Women's Property Rights Act 2019, if a woman loses her share in inheritance, she can file a complaint with the Ombudsman instead of the Civil Court.

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