Land rights for Pakistani (Muslim) women: law and policy | Land Portal

Informations sur la ressource

Date of publication: 
janvier 2010
Resource Language: 
ISBN / Resource ID: 
eldis:A70206

The Law and the Constitution of Pakistan under Article 23, allow the citizens of Pakistan equal rights to acquire, hold, own and dispose of property, but reserve the right to intervene in the property rights if the ownership or disposal of property clash with what is perceived to be the broader public interest. The State is also responsible for providing protection to its citizens. Thus the State, under Article 24 of the Constitution of Pakistan could interfere in an individual’s property rights to protect the rights of those who are disadvantaged in the areas of ownership and devolution i.e., women and children. However, such pro-active involvement has not been evidenced either in the case laws reviewed or the codified laws

Women’s land ownership and control have important connections with their empowerment in Pakistan’s agricultural context. However, the link between these has largely remained unexplored; and there has been negligible research to determine how many women own or control land in Pakistan. The Sustainable Development Policy Institute (SDPI) carried out a multiple pronged national study in 2007-09 to fill this knowledge gap and to examine the causality behind women’s land ownership and empowerment. The research focused on women’s rights vis-à-vis the inheritance framework of private agrarian land.

This Policy Brief discusses and analyzes the laws applicable to property rights (of women) in Pakistan like the Contract Act 1872, Transfer of Property Act 1882, Registration Act 1908, West Pakistan Muslim Personal Law (Shariat Application) Act 1962, Hanafi law, Muslim Family Laws Ordinance 1961 and the Customary Laws and international conventions like the Universal Declaration of Human Rights and the Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW). The author observes that in the few instances where the courts have taken supportive decisions towards women, they are not based on the perception of women being equal citizens but based on the perception that women are weak, illiterate, and dependent, in need of protection and ill equipped to handle property matters.

Government policies like the National Plan of Action for the Advancement of Women does not focus specifically on issues around women’s ownership and access to land despite the critical acknowledged link between this and poverty.

Recognising the severity of the policy gap between structural impediments to women’s empowerment and concrete action plans, the paper concludes by giving these recommendations:

Application of a Civil Code taking inheritance out of the purview of Muslim Personal law;
In a divorce situation not only should maintenance be provided for a certain period of time (e.g. five years), but there should also be an equal division of immovable property acquired during the validity of the marriage;
Minimize delays in adjudication of divorce matters;
Increased awareness campaigns; and
Government policy support.

 

Auteurs et éditeurs

Author(s), editor(s), contributor(s): 

N. Ahmad

Fournisseur de données

eldis (ELDIS)

Eldis is an online information service providing free access to relevant, up-to-date and diverse research on international development issues. The database includes over 40,000 summaries and provides free links to full-text research and policy documents from over 8,000 publishers. Each document is selected by members of our editorial team.


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