Property Rights in Pakistan
This law may be applicable to those who are seeking an equal right to property in Pakistan. The Article 23 within the Constitution of Pakistan defines what this right entails and means for individuals. Article 24 then goes onto expand on the right to property.
- Article 23 of the Constitution of Pakistan does not differentiate between men and women when it comes to possession of property and it gives its citizens the “right to acquire, hold and dispose of property in any part of Pakistan”.
- Article 24 talks about the protection of property rights and clarifies that “no person shall be compulsorily deprived of his property save in accordance with law”.
Other laws which pertain to property rights in the country include:
Married Women’s Property Act, 1874
Under the Married Women’s Property Act, 1874, a married woman has the right to separate property and to take legal proceedings in her own name. A married woman is also liable for her contracts regarding her property.
Dissolution of Muslim Marriages Act, 1939
Under the 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.
Muslim Family Laws Ordinance, 1961 and Muslim Personal Law Shariat Application Act, 1962
These provide for inheritance of property (including agricultural) in accordance with predefined share according to the Quran.
Islamic Inheritance Laws and Property Rights for Women
In the table below, X refers to “all wealth of the deceased person after settlement of mortgages and loans.”
|Individual Women||Inheritance Right|
|As Mother||1/6th of X|
|Source: This table was adapted from http://www.paycheck.pk|