From Exclusion to Inclusion: A Historical Examination of the Struggle for Inheritance Rights among Issueless Shia Widows in Pakistan

Abstract

This research has analyzed the most important and valuable right i.e. right to inheritance. Historically issueless Shia Widow was not allowed to inherit and same was being practiced since colonial period. After partition in 1947, the Pakistani Courts adopted the same colonial approach and denied the issueless Shia Widows from their share in inheritance which was against the injunctions of the Holy Quran. In 2016 Justice Ibad ul Rehman Lodhi of Lahore High Court took the lead and held in a landmark judgment that it is against Qur’anic injunctions that an issueless Shia Widow is denied her due share in estate of her deceased husband and decided that there is no such restriction in Primary sources of Islamic Law and she is entitled like any widow. This took a considerable period and present study has discussed all the historical developments and arguments which adopted and acted upon during this long period. Furthermore, it has also been considered that countless widows had not been able to inherit their part they must be compensated by the state or system because they have suffered irreparable loss. Though legislative measures have been taken to address the issue in future but many are still waiting those who have deprived in the near past.