Mst. Kausar Bibi v. Mst. Ayesha Bibi and 6 Others, 2017 CLC 1601 (Pakistan)

The case involved the division of property inherited by six daughters and one son from their father. After the father's death, the property devolved upon the legal heirs by attestation of inheritance mutations. However, his son instituted a suit for declaration that the land owned by the deceased had orally been gifted out to him by his deceased father in his lifetime and inheritance mutations having been attested after his death, being illegal, should be set aside. The said suit was contested by five sisters but the court declared the property to be owned by the son. On appeal, the Lahore High Court reversed the decision stating that under Islam, women gained dignity, honor and social status. Islam guarantees civil, social, economic and legal rights for women, and by raising the status of women as daughters, wives and mothers, gives them rights and privileges equivalent to that of men. Islam has determined the share of women and children in the inheritance. It does not only give them a social and legal personality together with men, but also gives the rights of inheritance to the mother, daughter, sister, grandmother and granddaughter, and others by mentioning their relations/shares separately. Such rights cannot be taken away from them through deceitful and fraudulent acts although the same bore a seal of the court. Moreover, the court castigated the Judicial Officer who passed judgment, stating that such Judicial Officer "should not be tolerated anymore" in the judicial system.