Islamabad: The Supreme Court of Pakistan has ruled that depriving daughters of their lawful share in inherited property is a violation of both Islamic Sharia and the country’s legal framework, reaffirming that women’s inheritance rights cannot be denied through tribal customs or fraudulent property transfers.

The ruling came in a dispute over the inheritance of land belonging to Mithi Khan. The apex court dismissed attempts to deny the rightful heirs their legal shares and upheld the earlier judgment of the Balochistan High Court.

In its verdict, the Supreme Court declared that any tribal practice or custom that deprives women of their inheritance is unlawful and has no legal standing. The court emphasized that no jirga or tribal council has the authority to abolish or restrict the inheritance rights granted to legal heirs under Islamic law.

The court further observed that property obtained through fraud cannot create any valid legal right. It stated that fraudulent transfers of ownership have no legal value and cannot override the legitimate claims of lawful heirs.

According to the judgment, inheritance rights are protected under both Islamic jurisprudence and Pakistani law. The court stressed that daughters are entitled to receive their prescribed shares in inherited property and that denying them these rights constitutes a clear violation of both Sharia and statutory law.

The Supreme Court also rejected the legal validity of forged or fraudulent mutations (property transfer entries) made in revenue records. It clarified that entries in revenue records do not serve as conclusive proof of ownership and cannot legalize an otherwise fraudulent transfer.

The judgment noted that once fraud is established in the transfer of property, the entire legal basis of such ownership collapses. Therefore, any mutation or transfer obtained through deception or misrepresentation cannot be used to deprive the rightful heirs of their inheritance.

The court ordered that the disputed inherited land must be distributed strictly in accordance with the Islamic law of inheritance. It reiterated that inheritance matters must be decided on the basis of the Quran and Sunnah rather than local customs or tribal traditions that contradict Islamic principles.

The detailed judgment was authored by Justice Irfan Saadat Khan. In the written decision, the court underscored that there can be no compromise on women’s inheritance rights and reaffirmed that constitutional and Islamic protections must be fully enforced.

The Supreme Court emphasized that customs and traditions inconsistent with Islamic Sharia cannot be recognized by law. It declared that any tribal practice seeking to deprive women of their lawful inheritance is illegal and unenforceable.

By dismissing the appeal, the apex court upheld the Balochistan High Court’s decision in favor of the original heirs and directed that the rightful heirs, including the daughters, receive their legally prescribed shares under Islamic inheritance law.

The judgment is being viewed as a significant reaffirmation of women’s property rights in Pakistan and sends a strong message that fraudulent transactions, forged mutations, and discriminatory tribal customs cannot be used to deny legal heirs—particularly women—the inheritance guaranteed to them under both Islamic law and the Constitution.