Syeda FOUZIA JALAAL SHAH vs FEDERATION OF PAKISTAN through Secretary Law and Justice, Islamabad S

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Syeda FOUZIA JALAAL SHAH VS FEDERATION OF PAKISTAN through Secretary Law and Justice, Islamabad S.13---Penal Code (XLV of 1860), S. 498-A---Constitution of Pakistan, Art. 203-D---Shariat petition---Women rights---Right to inheritance---Social evils---Chaddar/Parchi, custom of---Petitioner was aggrieved of depriving women from their property rights under the custom of Chaddar/Parchi, prevalent in District Bannu of Khyber Pakhtunkhwa---Held, that such criminal practice, whereby women are deprived of their right of inheritance, is quite common---In such regard generally a core illegal practice is commonly known as?? ?????? (Haq Bakhshwai) or ?? ??????? (Haq Bakhshwana), which literally means "giving up of rights"---Such practice is in vogue throughout the country in different forms, whereby the perpetrators or usurpers try to give a kind of legal cover to their illegal and criminal actions, whereby either forcibly or by emotional blackmailing female members of the family are asked to relinquish their right of inheritance in favour of male members---Petitioner also mentioned somewhat similar practices in her petition that she was forced by the Jirga to relinquish her right from her ancestral property---She named such practice as "Chaddar" or "Parchi"---During the proceedings several names of such custom and usage were brought in the knowledge of Federal Shariat Court on the pretext of which women were being deprived of their right of inheritance---Federal Shariat Court instead of analyzing such usages or customs by name which were being used for committing such heinous crime, declared all or any custom by virtue of which any female member of a family was being or had been denied or deprived of her right of inheritance, which was granted by the Holy Quran and Sunnah as un-Islamic, having no legal force whatsoever---Federal Shariat Court declined to extend any relief to petitioner in the form of relief in-personam, as the same was out of the scope of jurisdiction of Federal Shariat Court---Shariat petition was disposed of accordingly.

Syeda FOUZIA JALAAL SHAH vs FEDERATION OF PAKISTAN through Secretary Law and Justice, Islamabad S — 2025 PLD 1 FEDERAL-SHARIAT-COURT

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