Cultural Barriers and Legal Gaps: Protection Against the Denial of Women Rights of Inheritance in Khyber Pukhtoonkhwa

Abstract

Death is inevitable. Every human being has to face it in one day or another. When a person dies, they usually leave property behind them. Such property is distributed among their heirs under Islamic Law. Pakistan, being an Islamic Country, tends to follow Islamic Inheritance Jurisprudence with regards to the matters of inheritance. According to Shariah, the legal heirs have the right to inherit from the property of their ancestor or relatives after their death. Under Islamic Law, women are as entitled to inherit from their deceased parents and relatives as men are. However, they are deprived of this right especially in the province of Khyber Pukhtunkhwa. The basic theme of this research paper is to highlight this reluctant behavior of majority of the people of Khyber Pukhtoonkhwa whereby they deprive their women fellow from their due right of inheritance. The paper throws light on the relevant Islamic and Pakistan Laws which is related to women rights of inheritance. It highlights the gaps in these laws and recommends a suitable solution for the protection of women rights of inheritance in the province of Khyber Pukhtoonkhwa

KEYWORDS: Islamic Law, Inheritance, Due Share, Pakistani Laws, Women Rights, Due Right.