The Supreme Court has declared the tribal practice of denying women inheritance rights illegal, ruling that no jirga, custom or tradition can deprive a lawful heir of their share under Islamic law and Pakistani law.

The ruling came in a dispute involving possession of inherited land owned by Mithi Khan. Justice Irfan Saadat Khan authored the decision, in which the Supreme Court upheld the Balochistan High Court’s earlier judgment.

The court observed that property obtained through fraud does not create any legal right. It said daughters cannot be excluded from inheritance through tribal customs, as such practices violate both Shariah and the law.

According to the judgment, a jirga has no authority to cancel the inheritance right of any legal heir in a manner contrary to the Quran and Sunnah.

The Supreme Court also noted that mutation entries in revenue records are not conclusive proof of ownership. If a transfer is based on fraud, the entire legal claim built on it collapses.

The court ruled that inherited land must be distributed strictly according to Islamic inheritance law, adding that women’s inheritance rights cannot be compromised.

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