Human rights ministry launches awareness drive about women's right to inheritance

[hussain.r97]

The Ministry of Human Rights has launched an awareness campaign to educate people about the rights of women to inheritance under Islamic jurisprudence and the Constitution.

The announcement in this regard was made on Friday through the PTI's official Twitter account.

Speaking on the matter, in a video message released by the ministry, Council of Islamic Ideology Chairman Dr Qibla Ijaz said, "It is shameful that women are talked out of their inheritance through emotional blackmail and family pressure."

In a statement issued to mark the launch of the campaign, the PTI said: "Women’s right to inheritance has been one of the cornerstones of PM Imran Khan’s struggle for equality and justice in Pakistan. We are proud to announce that the Ministry of Human Rights will be launching a nationwide campaign to educate people on this issue."

<blockquote class="twitter-tweet" data-lang="en"><p lang="en" dir="ltr">Women’s right to inheritance has been one of the cornerstones of PM Imran Khan’s struggle for equality & justice in Pakistan. We are proud to announce that the Ministry of human rights will be launching a nation wide campaign to educate people on this issue.<a href="https://twitter.com/hashtag/WomenInheritance?src=hash&ref_src=twsrc%5Etfw">#WomenInheritance</a> <a href="https://t.co/31ROCZnShU">pic.twitter.com/31ROCZnShU</a></p>— PTI (@PTIofficial) <a href="https://twitter.com/PTIofficial/status/1040594679744618496?ref_src=twsrc%5Etfw">September 14, 2018</a></blockquote>
<script async src="https://platform.twitter.com/widgets.js" charset="utf-8"></script>

Through this campaign, the ministry aims to educate people about the religious and legal protection provided to women right to inheritance in Pakistan.

"Islam and Pakistan's Constitution offer clear guidance on the matter. Articles 23 and 24 of the 1973 Constitution furnishes complete details regarding matters of inheritance and provides clear guidelines regarding women's rights in this regard," Dr Ijaz said.

Article 23 of the 1973 Constitution states: "Provision as to property. Every citizen shall have the right to acquire, hold and dispose of property in any part of Pakistan, subject to the Constitution and any reasonable restrictions imposed by law in the public interest."

Article 24 talks about the protection of the right to property and states that no person shall be deprived of their property save in accordance with law.

Moreover, a helpline — 1099 — has been launched by the ministry to provide free legal advice on the matter.

https://www.dawn.com/news/1432901

 

[hussain.r97]

This is a fantastic initiative by Shireen Mazari and the Human Rights Ministry. I think using the the Islamic Ideology Council to fight against extremist beliefs is the right way to go, religion is something that the vast majority of Pakistanis relate with, and using the council will be very effective.

 

[Savak]

I wonder if this will encourage gold digging?

 

[Asim_khan]

I wonder if this will encourage gold digging?

She take my money, when I'm in need, oh she's a trifling friend indeed.

I'd rather have the scales tipped in the favour of gold diggers than having women being kept as virtual slaves, with no access to their rightful property.

 

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Supreme Court gives sisters rightful share in inheritance

ISLAMABAD:
The Supreme Court (SC) has ruled in favour of sisters who were deprived of rightful inheritance in their father’s property for over 38 years.

The apex court issued the ruling while hearing a petition filed by their brother against a high court order.

In a three-page order, Justice Qazi Faez Isa noted that it was a matter of great regret that the brother did not abide by the Islamic laws and deprived the legal heirs of their respective shares as prescribed.

He said it was deplorable that the appellant managed to manipulate and remain in possession of the property for such a long period, adding that out of the six sisters who filed suit against the fraud, only two survive.

A division bench of the apex court comprising Justice Qazi Faez Isa and Justice Yahya Afridi in its order noted that the court examined the mutation wherein the acceptance of the gift by the appellant was not mentioned.

The bench observed that it also came in evidence that Ghulam Haider, the father of the siblings, had transferred the gift to his son on May 3, 1983 - the very same day he passed away.

The bench said the burden to establish the gift lay upon the appellant, which the latter failed to discharge, adding that the fact that it was made by his father on the very day that he died makes it extremely suspect and unreliable.

The gift mutation was assailed by six sisters of the appellant who filed a suit which was decreed and the appeal against the same was allowed on the ground that the suit was filed belatedly.

However, the well-reasoned judgment passed by the judge of the appellate court was set aside by the judge of the high court in the civil revision filed by the sisters.

“Upon the death of a Muslim his/her legal heirs become the owners of the estate left by him/her and possession of any one of the co-owners is deemed to be the possession by all,” the order read.

“This coupled with the fact that the sisters themselves had filed a suit in their lifetime was sufficient to sustain it and the reason given by the learned Judge of the Appellate Court for setting aside the judgment of the Civil Judge was not sustainable, which was rightly set aside through the judgment. Neither the judgment of the Civil Judge nor that of the learned Judge of the High Court can be faulted", says the order.

The bench noted that since possession is with the appellant, execution has been filed.

"This is most unfortunate. First, retaining by fraudulent means the property and then compelling his sisters/their legal heirs to retrieve their God-ordained share by filing execution proceedings", the order reads.

The court directed the District Collector Charsadda to implement the decision of the trial court, which was sustained by the Peshawar High Court and to endorse the names of the legal heirs of Ghulam Haider as per their respective shares prescribed by Islamic law.

The apex court ordered to deliver possession to the respective parties within three months.

https://tribune.com.pk/story/2336853/supreme-court-gives-sisters-rightful-share-in-inheritance

 

[FearlessRoar]

Fears for women's rights as Iraqi bill resurfaces​

The bill would allow citizens to choose either religious authorities or the civil judiciary to decide on family affairs. Critics fear this will lead to a slashing of rights in matters of inheritance, divorce and child custody.

In particular, they are worried it would effectively scrap the minimum age for Muslim girls to marry, which is set in the 1959 Personal Status Law at 18 -- charges lawmakers supporting the changes have denied.

According to the United Nations children's agency, UNICEF, 28 percent of girls in Iraq are already married before the age of 18.

"Passing this law would show a country moving backwards, not forwards," Human Rights Watch (HRW) researcher Sarah Sanbar said.

Amal Kabashi, from the Iraq Women's Network advocacy group, said the amendment "provides huge leeway for male dominance over family issues" in an already conservative society.

Activists have demonstrated against the proposed changes and were planning to protest again later Thursday in Baghdad.

The 1959 legislation passed shortly after the fall of the Iraqi monarchy and transferred the right to decide on family affairs from religious authorities to the state and its judiciary.

This looks set to be weakened under the amendment, backed by conservative Shiite Muslim deputies, that would allow the enforcement of religious rules, particularly Shiite and Sunni Muslim.

There is no mention of other religions or sects which belong to Iraq's diverse population.

In late July, parliament withdrew the proposed changes when many lawmakers objected to them. They resurfaced in an August 4 session after receiving the support of powerful Shiite blocs which dominate the chamber.

It is still unclear if this bid to change the law will succeed where several earlier attempts have failed.

"We have fought them before and we will continue to do so," Kabashi said.

Amnesty International's Iraq researcher Razaw Salihy said the proposed changes should be "stopped in their tracks".

"No matter how it is dressed up, in passing these amendments, Iraq would be closing a ring of fire around women and children," she said.

According to the proposed changes, "Muslims of age" who want to marry must choose whether the 1959 Personal Status Law or Sharia Islamic rules apply to them on family matters.

They also allow already-married couples to convert from the civil law to religious regulations.

Constitutional expert Zaid al-Ali said the 1959 law "borrowed the most progressive rules of each different sect, causing a huge source of irritation for Islamic authorities".

Several attempts to abrogate the law and revert to traditional Islamic rules have been made since the 2003 US-led invasion that toppled dictator Saddam Hussein.

This time, lawmakers are maintaining the 1959 law by giving people a chance to choose it over religious authorities.

"They are giving men the option to shop in their own favour," Ali said. The bill would hand them "more power over women and more opportunities to maintain wealth, control over children, and so on."

By giving people a choice, "I think basically they're trying to increase the chances of the law being adopted," Ali said.

- 'Malicious agenda' -

The new bill gives Shiite and Sunni institutions six months to present to parliament for approval a set of rules based on each sect.

By giving power over marriage to religious authorities, the amendment would "undermine the principle of equality under Iraqi law," Sanbar of HRW said.

It also "could legalise the marriage of girls as young as nine years old, stealing the futures and well-being of countless girls."

"Girls belong on the playground and in school, not in a wedding dress," she said.

HRW warned earlier this year that religious leaders in Iraq conduct thousands of unregistered marriages each year, including child marriages, in violation of the current law.

Many argue that historically Islam has allowed the marriage of pubescent girls from the age of nine, as the Prophet Mohammed is said to have married one of his wives Aisha at that age.

But rights group say child marriages violate human rights, deprive girls of education and employment, and exposes them to violence.

Lawmaker Raed al-Maliki, who brought the amendment forward and earlier this year successfully backed an anti-LGBTQ bill in parliament, denied that the new revisions allow the marriage of minors.

"Objections to the law come from a malicious agenda that seeks to deny a significant portion of the Iraqi population" the right to have "their personal status determined by their beliefs," he said in a television interview.

But Amnesty's Salihy said that enshrining religious freedom in law with "vague and undefined language" could "strip women and girls of rights and safety."

Fears for women's rights as Iraqi bill resurfaces

Rights advocates are alarmed by a bill introduced to Iraq's parliament that, they fear, would roll back women's rights and increase underage marriage in the deeply patriarchal society.

www.france24.com