The Legacy of the Bibi Amina Case

Most people have never heard of a brother giving up his share of an inheritance to his sister through a gift deed. It is far more common to hear of sisters giving up their share in favour of their brothers. Even though they are legal heirs, many women never receive their fair share. Pakistani law recognises their right to inherit, but society often stops them from claiming it.

Why Do Women Still Struggle to Claim Their Inheritance?

People talk about women’s empowerment, but when it comes to a woman’s legal right to own property, there is a deafening silence. Emotional pressure, family influence, and disputes over property can prevent women from claiming their rightful inheritance.

The law is not silent. Section 498-A of the Pakistan Penal Code, introduced through the Prevention of Anti-Women Practices Act, 2011, criminalizes depriving a woman of her inheritance through deceitful or illegal means. Yet, despite these legal protections, many women continue to face social and familial barriers when claiming their rightful inheritance.

The Woman Who Did Not Give In

Bibi Amina, from Balochistan, challenged a court decision that deprived her and her sister of their inheritance. She and her sisters had taken their brothers to court to claim their shares of their late parents’ estate. However, on 25 June 2025, the Balochistan High Court upheld a compromise that left two sisters without their inheritance, according to Dawn.

Amina continued to challenge the decision, eventually taking the case to the Federal Constitutional Court (FCC).  In June 2026, the FCC set aside the High Court’s judgment and introduced safeguards to protect women from being pressured into giving up their inheritance. 

The FCC referred the dispute back to the civil court to determine the heirs’ lawful shares. The ruling highlights the importance of ensuring that women relinquish their inheritance only through informed and voluntary consent.

What the Court Decided?

In June 2026, a bench comprising Chief Justice Aminuddin Khan and Justice Ali Baqar Najafi set aside the Balochistan High Court’s judgment. The Federal Constitutional Court (FCC) directed that the parents’ properties be presented before the relevant civil court to determine the lawful shares of all heirs. It also reaffirmed that women’s inheritance rights are protected under Islamic teachings and the Constitution, and cannot be overridden by regional customs, traditions, or family practices.

The court also introduced safeguards requiring courts to closely examine any agreement or document through which a woman appears to relinquish her inheritance. Those seeking to uphold such an arrangement must provide evidence that her decision was informed and voluntary, without coercion, fraud, or undue influence. The judgment described the deprivation of women’s inheritance as an ‘abhorrent practice’ that must be condemned and eradicated.

The Safeguards That Follow

The ruling requires courts and revenue authorities to carefully review any agreement or property transfer that affects a woman’s inheritance. They must ensure that she understands the document and gives her consent freely, without pressure or deception.

The person benefiting from the transaction must prove that the woman understood her decision and agreed willingly. Courts must record their findings, and revenue authorities must carry out similar checks before approving property transfers. In short, a woman’s signature alone does not prove that she willingly gave up her inheritance.

In fact, Bibi Amina’s case raises an important question: why must women fight for rights already protected by law? Her case has drawn attention to the challenges women face when claiming their inheritance and shows how challenging unfair customs can help protect their legal rights.

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