Gender Discrimination in Inheritance: Constitutional and Human Rights Dimensions

The law of inheritance is a place of the constitutional equality, religious doctrine, and human rights pledge. Gender discrimination in inheritance is one of the most lasting forms of structural inequality in Pakistan that is deeply entrenched in the traditions of patriarchy and socio-religious interpretations. Islamic jurisprudence introduces definite shares of men and women whereas the constitutional rights enshrined in Articles 8, 23 and 25 of the Constitution of Pakistan safeguard the equality before the law and the right of ownership of property. The combination of these frameworks has produced a debate that continues to date whether in a non-discriminatory and international human rights principles, gender-differentiated inheritance arrangements are constitutional. In this paper, the author will discuss the constitutional and human rights aspects of gender discrimination in inheritance with reference to the reconciliation of the religiously based personal laws with the constitutional and international requirements of Pakistan. It delves into the jurisprudence of the Pakistani courts, the global human rights treaties like the CEDAW and the ICCPR and the experiences of other Muslim dominant states in law. The paper states that although Islamic law of inheritance is intended to promote distributive justice to exist within a set social order, its strict and patriarchal practice, coupled with social exclusionary forces, tend to alienate and deny women their legitimate shares. The paper ends by outlining some of the policy and legal reforms that can streamline the religious norms to the constitutional promise of equality and the global human rights discourse that is changing.