Women’s Property Rights in Pakistan — Law, Culture, and Reality for Women Empowerment

The Hidden Inequality Behind the Land

In Pakistan, every law book declares that women have the same right to own land as men. Yet outside the courtrooms, the reality looks painfully different: almost no woman actually owns property in her name. In order to promote women empowerment means addressing this gap, ensuring that Sharia law principles are applied fairly in practice.

Property is more than money or land; it provides freedom, choice, and security. Without it, women lose legal, financial, and emotional power, undermining women empowerment. Sharia law clearly defines women’s rights to inheritance and property, yet cultural barriers persist.

According to a survey, 97 percent of Pakistani women do not inherit or own any form of land or housing. That means out of every 100 women, only three hold legal titles, and even fewer have control over their property.

This inequality cuts deeper than ownership. In a country where nearly half of all land is agricultural, denying women land ownership excludes them from the backbone of Pakistan’s economy. Property equals women empowerment, and without it, equality remains a myth.

This blog explores how Pakistan’s Constitution, Sharia law, and modern legal reforms define women’s property rights, and how centuries of culture still stand in the way of women empowerment.

The Legal Backbone — What the Law Guarantees

Despite the stark reality, Pakistan’s legal foundation for women’s property rights is remarkably strong, both constitutionally and under Sharia law, supporting women empowerment.

Constitutional Rights

• Article 23 guarantees every citizen, man or woman, the right to own, acquire, and dispose of property anywhere in Pakistan. This is a cornerstone for women empowerment.
  
• Article 24 ensures that no person shall be deprived of their property except by lawful authority and also allows the state to protect disadvantaged groups, including women through affirmative legislation, aligning with principles of Sharia law.
  

These articles form the foundation of gender equality in property ownership, providing legal backing for women empowerment.

Religious (Sharia) Basis

Islamic inheritance law, derived from the Quran and the Hanafi school of jurisprudence, provides women fixed and inalienable shares. Implementation of these rules is crucial for women empowerment.

• A daughter inherits half the share of a son.
• A wife inherits one-eighth of her husband’s property if he has children and one-fourth if not.
• A mother receives one-third if her child leaves no offspring or one-sixth if grandchildren exist.

These provisions are divinely mandated under Sharia law. The original intent was fairness and women empowerment, yet cultural manipulation has often distorted its application.

Core Statutory Laws

• Muslim Personal Law (Shariat) Application Act, 1937: Reaffirms governance under Sharia law.
• Muslim Family Laws Ordinance, 1961: Ensures women’s rights are legally recorded.
• Anti-Women Practices (Criminal Law Amendment) Act, 2011: Criminalizes denial of inheritance and promotes women empowerment.
• Punjab Partition of Immovable Property Act, 2012: Ensures equitable division of property, supporting women empowerment.
• Enforcement of Women’s Property Rights Acts (2019–2021): Establishes Ombudspersons to enforce property claims, aligning with Sharia law principles.
  

The Enforcement Acts — How the State Now Protects Women

For years, women seeking their inheritance faced humiliation and long court battles. Now, provincial laws make property rights enforceable, advancing women empowerment under Sharia law.

Khyber Pakhtunkhwa: Enforcement of Women’s Property Rights Act, 2019

Covers movable and immovable property. Women can approach the Ombudsperson without a lawyer. The Ombudsperson may take suo motu notice, act on NGO petitions, restore ownership, direct police or officials to enforce orders within seven days, and award compensation under Section 9. Section 12 bars courts from staying enforcement. Works with Federal Ombudsperson Secretariat for Protection Against Harassment (FOSPAH) to monitor nationwide implementation.

Punjab: Enforcement of Women’s Property Rights Act, 2021

Provides faster legal recourse. The proposed Women’s Inheritance Rights Implementation Bill 2025 introduces stricter penalties, inheritance tribunals, and directly enforces Sharia law shares, promoting women empowerment. The Ombudsperson can restore property, award compensation, and order district officials to ensure enforcement.

Sindh: Digital Tracking through Land Administration and Revenue Management Information System (LARMIS)

No dedicated enforcement law yet. LARMIS records land ownership by gender, ensuring women’s names appear in titles. The Ombudsperson, with FOSPAH, handles disputes administratively.

Balochistan: Initial Implementation Phase

No formal enforcement law, but the Ombudsperson receives complaints and coordinates with the Federal Secretariat. Progress is ongoing since 2025, though binding powers are limited.

Significance

These initiatives turn women’s property rights from promises into enforceable actions. Police and local administrations are legally required to implement Ombudsperson directives, marking a practical shift toward real women empowerment under Sharia law.

The Real Picture — Property Ownership in Numbers

• 97% of Pakistani women have no inherited property.
• Only 36 out of 1,000 rural women legally own land.
• Just 9 out of 1,000 can sell or mortgage it without male consent.
• Less than 1% of women own non-agricultural or urban plots.

Pakistan’s total land area is 79.6 million hectares, with nearly 48% used for agriculture. Excluding women from land ownership undermines women empowerment and Sharia law’s equitable intent (Abbas et al., 2025).

The Cultural Roadblocks That Keep Women Landless

Even strong laws falter against centuries-old customs, blocking women empowerment.

• Haq-bakhshwana or “marriage to the Quran” forces women to renounce inheritance, violating Sharia law.
• Tamleek deprives daughters of property, contrary to Sharia law principles.
• Coercion and forced renunciations silence women, harming women empowerment.
• Dowry-based inheritance denial undermines women empowerment.
• Violence and threats persist despite Sharia law and constitutional protections.

These practices directly violate both Islamic justice and constitutional equality, leaving women landless even when the law is on their side.

Why It Matters — Economic and Social Consequences

Owning property transforms a woman’s life and enhances women empowerment. It provides credit access, entrepreneurship opportunities, and long-term security.

Women with land are more likely to:

• Start small businesses, promoting economic women empowerment.
• Educate their children.
• Leave abusive marriages, in line with Sharia law protection.
  

Without property, dependence persists, stunting women empowerment. Generations remain trapped in poverty, and women’s dignity remains tied to someone else’s permission.

Property is not merely land. It is power, stability, and identity.

Signs of Progress — What’s Working

Despite challenges, 2025 marks real progress.

• Ombudsperson offices in KP, Punjab, and ICT are actively restoring women’s property.
• Police enforcement clauses ensure quick restitution.
• Rent compensation orders make denial of rights financially costly.
• Criminal penalties under the 2011 Act deter harmful customs.
• Digital land systems record ownership by gender, reducing fraud.
• Coordination among federal and provincial offices has improved under FOSPAH’s guidance.

Pakistan’s legal framework is finally moving from symbolism to enforcement.

What Still Needs to Change

• Enforce bans on forced renunciations, promoting women empowerment under Sharia law.
• Launch awareness drives in rural areas about legal rights.
• Encourage joint marital property ownership by default.
• Digitize land records nationwide to include women’s names.
• Train police and revenue officials for gender-sensitive enforcement.
• Promote Ijtihad-based reinterpretations of Sharia law for practical women empowerment.
  

Women’s property rights will become a lived reality only when awareness meets enforcement.

From Paper Rights to Real Empowerment

The story of women’s property rights in Pakistan contrasts strong laws with weak implementation. Women empowerment remains incomplete without actual enforcement of Sharia law.

Every time a woman reclaims her land, it is a victory for women empowerment and Sharia law compliance. Until women inherit and control their property, rights remain theoretical, not practical. True women empowerment comes when property rights are lived realities, fully aligned with Sharia law.