Pakistan’s legal framework provides various protections for women’s property rights, primarily through constitutional provisions and specific laws:

Constitutional Guarantees

    • Article 23 & 24: Ensure the right to acquire, hold, and dispose of property.
    • Article 25: Guarantees equality before the law and prohibits discrimination based on gender.

Islamic Law & Inheritance Rights

    • According to Shariah law, which governs inheritance in Pakistan, women are entitled to a share of family property. Daughters, mothers, and wives have specific inheritance rights.
    • However, social practices often hinder proper implementation, leading to denial or forced relinquishment of property.

The Punjab Protection of Women’s Property Rights Act, 2021

    • This law was enacted to protect women from illegal deprivation of inherited property.
    • It allows complaints to the Ombudsperson, who can issue directives for restoring property rights.

Enforcement of Women’s Property Rights Act, 2020

    • A federal law ensuring that women’s rightful property is not forcibly occupied or transferred.
    • The Ombudsperson’s Office can intervene in cases of unlawful dispossession.

Other Relevant Laws

    • Transfer of Property Act, 1882: Governs the legal transfer of property, including women’s rights.
    • West Pakistan Muslim Personal Law (Shariat) Application Act, 1962: Ensures Islamic inheritance laws are applied to property disputes.

Challenges in Implementation

Despite legal protections, women in Pakistan continue to face numerous hurdles in accessing their property rights:

Cultural & Social Barriers

    • Many women are pressured into relinquishing their inheritance in favor of male relatives.
    • The concept of “gifted property” (Hiba) is often used to deprive women of their rightful share.

Legal System Complexities

    • Court procedures can be lengthy and expensive, discouraging women from pursuing legal claims.
    • Corruption and male dominance in judicial and administrative bodies create additional barriers.

Lack of Awareness

    • Many women, especially in rural areas, are unaware of their legal rights.
    • There is limited legal literacy, making it easier for families to manipulate property documents.

Threats & Intimidation

    • Women often face violence, threats, and coercion when they attempt to claim their inheritance.
    • Many fear social exclusion or retaliation from male relatives.

Forgery & Fraud

    • Fake documents and illegal transfers of property often lead to women losing their rightful assets.
    • Authorities sometimes turn a blind eye to forged land records.

Steps Toward Improvement

Strengthening Legal Enforcement

    • Special courts for women’s property disputes could fast-track cases.
    • The Ombudsperson’s office should have greater authority to enforce its decisions.

Public Awareness Campaigns

    • The government and NGOs should educate women about their legal rights and available remedies.
    • Legal aid services should be expanded to rural areas.

Strict Penalties for Fraud & Coercion

    • Harsh punishments for forging land records and forcing women to renounce property are necessary.
    • Law enforcement must take women’s property disputes more seriously.

Technology & Digital Land Records

    • A centralized digital property registry can reduce fraud.
    • Women should have secure digital records of their property rights.

Conclusion

While Pakistan has a solid legal framework for protecting women’s property rights, implementation remains a significant challenge. Societal norms, legal complexities, and corruption hinder women from accessing their rightful inheritance. Strengthening enforcement mechanisms, increasing awareness, and leveraging technology can help bridge the gap between legal rights and actual practice.