Laws Governing Women Property Rights in the Country

Laws Governing Women Property Rights in the Country: The Constitution of Pakistan, under its article 23, gives its citizens the right to acquire, hold and dispose of property in any part of Pakistan and it does not differentiate between men and women. Relevent Laws: • Dissolution of Muslim Marriages Act, 1939 • Married Women’s Property Act, 1874 • Muslim Family Laws Ordinance, 1961 • West Pakistan Muslim Personal Law Shariat Application Act, 1962

Provisions Under These Laws: • In accordance with Dissolution of Muslim Marriages Act, 1939, a wife is entitled to all the property that she has earned for herself and also to the benefits deriving from the property of the husband. • If dissolution of marriage is demanded by the wife (Khula), she is not entitled to any dower. • On dissolution of marriage, husband has no right to the property of his wife. • Under the Married Women’s Property Act, 1874, a married woman has the right to separate property and to taking legal proceedings in her own name. • A married woman is also liable for her contracts regarding her property. • Muslim Family Laws Ordinance, 1961 and Muslim Personal Law Shariat Application Act, 1962 provide for inheritance of property (including agricultural) in accordance with pre-defined shared by Quran.

Formula for property rights under Islamic inheritance laws: Shares under the Islamic inheritance law depend on the closeness of relation to the deceased. Shares also differ when a person belongs to Sunni or Shia sect. As Mother As wife As Daughter • 1/6 th of X • 1/8 th of X if she has any children • 1/4 th of X if she does not have any children • ½ of brother’s share, if she has brothers • women having sisters • Sunni/Hanafi - 2/3 rd of X is divided equally among themselves • Shia: Total inheritance is equally divided among themselves • Women having no siblings • Sunni/Hanafi - 1/2 of X • Shia- All property (X) *X in above table means “all wealth of the deceased person after settlement of mortgages and loans”