- FSC points ruling in response to Syeda Fouzia Jalaal Shah’s petition.
- Shah challenged the customized of Chaddar and Parchi in Shariat courtroom.
- Court docket says such customs go in opposition to the rights of ladies in Pakistan.
The Federal Shariat Court docket (FSC) has dominated the disparaging observe of Chaddar and Parchi — which denies ladies their proper to inheritance — as un-Islamic in addition to unlawful, making certain larger safety of ladies’s property rights in Pakistan.
A 3-member full bench, headed by Chief Justice Iqbal Hameed ur Rahman and together with Justices Khadim M Shaikh, Dr Muhammad Anwar, and Ameer Muhammad, issued a ruling to this impact whereas disposing of a petition.
The petition, which grabbed the curiosity of the general public in addition to the media, was filed by Syeda Fouzia Jalaal Shah, a resident of Islamabad, in opposition to the Federation of Pakistan and a number of other authorities our bodies, together with the President of Pakistan, the Ministry of Regulation & Justice, provincial governors, and commissions on ladies’s rights.
She challenged the Chaddar and Parchi customized, claiming it deprives ladies — significantly in District Bannu, Khyber Pakhtunkhwa (KP) — of their authorized and Islamic inheritance rights.
In her petition, she argued that this observe forces ladies to both forfeit their share completely or settle for much less priceless property underneath social stress or selections by native jirgas.
Moreover, she sought private aid for her mom, Syeda Iftikhar Bibi, who was allegedly denied her inheritance underneath this tradition, in accordance with the copy of the ruling.
The courtroom acknowledged that customs like Chaddar and Parchi go in opposition to the rights granted to ladies within the Quran and Sunnah. Forcing ladies to surrender their inheritance underneath social stress, it dominated, is a violation of each Islamic teachings and the regulation.
The courtroom ordered motion in opposition to violators underneath Part 498 and confused the necessity for consciousness campaigns and stricter enforcement of inheritance legal guidelines to guard ladies’s rights.
Throughout the listening to, it was revealed that the Chaddar and Parchi traditions are practised in Bannu. Nevertheless, the Khyber Pakhtunkhwa authorities denied the existence or significance of such customs.
The courtroom dominated: “Nevertheless, the petition is partially accepted whereby the petitioner is in search of a aid to declare a neighborhood customized, which in accordance with her is prevalent in District Bannu, KP with the identify of Chaddar or Parchi, and the premise of which ladies of that space are being disadvantaged of their rights of inheritance of their ancestral property, therefore we declare any such customized or utilization which both exists with the identify of “Chaddar” or “Parchi” or with some other identify within the space of Bannu District of KP or in any a part of any province of the nation, as un-Islamic and unlawful having no authorized power in any way by advantage of which the best of inheritance of ladies is denied wholly or partly from their ancestral property which they’ve inherited or some other observe which deprives ladies from their proper of inheritance, which is granted by the Holy Quran and Sunnah, is un-Islamic and in opposition to the ideas of the Holy Quran and Sunnah, therefore void and unlawful, and could also be topic to punishment additionally.
“We additional declare that each one or any such customized or utilization, which impacts the rights of inheritance of ladies in any method in any way, regardless of the identify by which it’s known as or identified in any space of the nation, is un-Islamic and unlawful and requires actions in opposition to the perpetrator of such crime underneath Part 498-A of PPC, as such actions by the related authorities of the State falls inside the scope of Amr bil Maroof Wa Nahi Anil Munkar, which is a vital responsibility of the State underneath the Act X of 1991 (Enforcement of Shari’ah Act, 1991).”