Women’s Right to Inheritance: Legal Framework vs. Customary Practices in Rural Pakistan

Abstract

Women’s right to inheritance is a fundamental human and legal right recognized under Islamic law, the Constitution of Pakistan, and statutory family laws. Despite the existence of a comprehensive legal framework guaranteeing women their prescribed share in property, customary practices in rural Pakistan continue to deprive women of these rights. This research article critically examines the gap between the legal protections available to women and the realities of customary traditions that restrict inheritance claims. The study explores the influence of patriarchal norms, tribal customs, social pressure, lack of legal awareness, and economic dependency that discourage women from asserting their lawful entitlements. It further analyzes the effectiveness of Pakistani inheritance laws, judicial remedies, and governmental initiatives aimed at protecting women’s property rights. Using a socio-legal and doctrinal research approach, the article evaluates how cultural practices undermine legal enforcement in rural communities. The study concludes that although Pakistan has enacted laws to safeguard women’s inheritance rights, weak implementation and deeply rooted customary traditions remain significant barriers. The article recommends stronger legal enforcement, awareness campaigns, and institutional reforms to ensure the effective realization of women’s inheritance rights in rural Pakistan.