A DOCTRINAL AND QUALITATIVE CRITIQUE OF WOMEN’S RIGHT TO INHERITANCE IN THE LEGAL FRAMEWORK OF PAKISTAN

Abstract

The right of women to inheritance is a fundamental aspect of justice in Islamic law and a constitutionally protected right in Pakistan. Yet, the lived realities of many Pakistani women, particularly in rural areas, reflect a stark divergence from doctrinal principles. This article offers a doctrinal and qualitative critique of the law of inheritance for women in the legal framework of Pakistan. Researchers have employed a combined doctrinal and qualitative research methods, where the article analyzes Qur’anic injunctions, statutory enactments, and judicial interpretations, identifying doctrinal inconsistencies, legislative gaps, and socio-cultural impediments. The qualitative component is based on twelve semi-structured interviews with legal experts, judges, Islamic scholars, women’s rights activists, and affected women, offering insights into the practical challenges women face in claiming their inheritance. The research finds that while Islamic law and Pakistan’s constitutional framework endorse women’s right to inheritance, patriarchal customs, weak enforcement mechanisms, and legal ambiguities continue to obstruct justice. The article concludes with concrete recommendations to bridge the gap between doctrine and practice and ensure gender-equitable enforcement of inheritance laws.