- FSC issues ruling in response to Syeda Fouzia Jalaal Shah’s petition.
- Shah challenged the custom of Chaddar and Parchi in Shariat court.
- Court says such customs go against the rights of women in Pakistan.
The Federal Shariat Court (FSC) has ruled the disparaging practice of Chaddar and Parchi — which denies women their right to inheritance — as un-Islamic as well as illegal, ensuring greater protection of women’s property rights in Pakistan.
A three-member full bench, headed by Chief Justice Iqbal Hameed ur Rahman and including Justices Khadim M Shaikh, Dr Muhammad Anwar, and Ameer Muhammad, issued a ruling to this effect while disposing of a petition.
The petition, which grabbed the interest of the public as well as the media, was filed by Syeda Fouzia Jalaal Shah, a resident of Islamabad, against the Federation of Pakistan and several government bodies, including the President of Pakistan, the Ministry of Law & Justice, provincial governors, and commissions on women’s rights.
She challenged the Chaddar and Parchi custom, claiming it deprives women — particularly in District Bannu, Khyber Pakhtunkhwa (KP) — of their legal and Islamic inheritance rights.
In her petition, she argued that this practice forces women to either forfeit their share entirely or accept less valuable property under social pressure or decisions by local jirgas.
Additionally, she sought personal relief for her mother, Syeda Iftikhar Bibi, who was allegedly denied her inheritance under this custom, according to the copy of the ruling.
The court stated that customs like Chaddar and Parchi go against the rights granted to women in the Quran and Sunnah. Forcing women to give up their inheritance under social pressure, it ruled, is a violation of both Islamic teachings and the law.
The court ordered action against violators under Section 498 and stressed the need for awareness campaigns and stricter enforcement of inheritance laws to protect women’s rights.
During the hearing, it was revealed that the Chaddar and Parchi traditions are practised in Bannu. However, the Khyber Pakhtunkhwa government denied the existence or significance of such customs.
The court ruled: “However, the petition is partially accepted whereby the petitioner is seeking a relief to declare a local custom, which according to her is prevalent in District Bannu, KP with the name of Chaddar or Parchi, and the basis of which women of that area are being deprived of their rights of inheritance in their ancestral property, hence we declare any such custom or usage which either exists with the name of “Chaddar” or “Parchi” or with any other name in the area of Bannu District of KP or in any part of any province of the country, as un-Islamic and illegal having no legal force whatsoever by virtue of which the right of inheritance of women is denied wholly or partly from their ancestral property which they have inherited or any other practice which deprives women from their right of inheritance, which is granted by the Holy Quran and Sunnah, is un-Islamic and against the principles of the Holy Quran and Sunnah, hence void and illegal, and may be subject to punishment also.
“We further declare that all or any such custom or usage, which affects the rights of inheritance of women in any manner whatsoever, irrespective of the name by which it is called or known in any area of the country, is un-Islamic and illegal and calls for actions against the perpetrator of such crime under Section 498-A of PPC, as such actions by the relevant authorities of the State falls within the scope of Amr bil Maroof Wa Nahi Anil Munkar, which is an important duty of the State under the Act X of 1991 (Enforcement of Shari’ah Act, 1991).”
According to Transparency International, even in cases where women have legal rights on paper – like in Pakistan – the reality is often quite different. Systemic corruption and discrimination frequently hinder women from exercising their rights and claiming their fair share in society, the rights group adds.
