Faisalabad: National Seminar on Laws Governing Women’s Land Rights in Pakistan Held at Government College University Faisalabad in association with HEC.
The Department of History, Government College University Faisalabad hosted a National Seminar on “Laws Governing Women’s Land Rights in Pakistan” on 4 June 2024 under National Research Program for Universities (NRPU) Project No. 16372. The objective of the seminar was to examine the legal framework governing women’s land rights in Pakistan with a focus on the 1973 constitution, relevant laws and Islamic perspectives. Dr. Mazhar Abbas Gondal hosted the event in which students and faculty members actively participated.
Ms. Mughiza Imtiaz, Director of the Women’s Rights Committee of the Pakistan Human Resource Network (PHRN), also quoted a relevant verse from the Qur’an, Surah Al-Nisa, verse 124:
She also highlighted the relevance of the SDGs to the topic, particularly Goal 5: Gender Equality, Goal 10: Reducing Inequalities, Goal 16: Peace, Justice and Strong Institutions and Goal 17: Partnerships for the Goals.
She delivered a comprehensive speech, discussing articles from the 1973 constitution related to women’s land rights, including Article 23: “Right to own property”, Article 25: “Equality before the law and prohibition of discrimination on grounds of sex”, Article 26: “Protection against discrimination in the enjoyment of fundamental rights, including property rights”, Article 27: “Prohibition of discrimination in appointment to public positions, including the administration and distribution of land”, Article 28: “Preservation of language, script and culture, including the right to inherit and own property” and Article 34: “Protection of minorities, including women, against discrimination and persecution”.
In addition to constitutional guarantees, several laws have been enacted in Pakistan to protect women’s land rights. The Married Women’s Property Act 1874 protects married women’s property rights and ensures financial security. The Dissolution of Muslim Marriages Act 1939 allows women to seek divorce and retain property rights. The Muslim Family Laws Ordinance 1961 regulates marriage, divorce and inheritance for Muslims and protects the rights of women in family matters. The West Pakistan Sharia Law Application Act 1962 applies Islamic law to personal matters such as inheritance and ensures the protection of women’s rights according to Islamic principles. The Prevention of Feminine Practices Act 2011 prohibits practices such as forced marriage and dowry demands, protecting women from harmful cultural practices. The Women’s Property Rights Enforcement Bill 2020 provides for the protection and enforcement of women’s property rights and provides legal means for women to exercise their property rights.
Inheritance rights of women in Pakistan are also protected by various laws. A daughter inherits ½ of the property if she is the only child of her parents. The mother inherits 1/6 of the property after the death of her son and the wife inherits 1/8 of the property after the death of the husband if they have children. Other property rights of women in Pakistan include the right to own property, execute a will, dispose of property through Hiba (donation) and execute a gift deed. Women also have full rights to their dowry, which is movable or immovable property donated by the bride’s family.
Advocate Ms. Farkhanda Fari, the keynote speaker, shed light on the legal challenges and barriers women face in accessing and owning property in Pakistan. The discussion highlighted possible solutions and strategies to promote women’s empowerment and gender equality.
Strategies to address the challenges facing women’s land rights in Pakistan include: legal literacy programs for women, support for women’s empowerment initiatives, policy reforms to eliminate discriminatory laws and practices, and better access to resources and loans for women. However, barriers remain, including: social and cultural barriers that perpetuate gender inequality, limited awareness of legal rights among women, discriminatory practices and attitudes, and women’s lack of access to resources and credit.
Despite this legal protection, women in Pakistan face several obstacles and challenges in exercising their property rights. Social and cultural barriers perpetuate gender inequality, and limited awareness of legal rights among women hinders their ability to claim their rights. Discriminatory practices and attitudes, as well as insufficient access to resources and credit, also prevent women from fully exercising their property rights. The seminar highlighted the importance of raising awareness, empowering women and accessing resources for women to overcome these challenges.
The seminar was a huge success, with a total of 150 participants, of which 70% were men and 30% were women. The participation of men in the event was seen as a positive step towards creating a more inclusive and fair society. The significant presence of men was particularly notable as it highlighted the importance of men’s involvement in the conversation about women’s land rights. The event showed that gender equality is not only a women’s issue, but rather a collective responsibility that requires the active participation of both men and women. The speeches were followed by a question and answer session and both speakers were presented with awards for their contributions. This event resulted in a renewed commitment to promote women’s land rights in Pakistan, with a focus on raising awareness, empowering women, and access to resources for women.