WOMEN’S PROPERTY RIGHTS AND

EMPOWERMENT IN PAKISTAN: A CONCEPTUAL

FRAMEWORK
 INTRODUCTION

• Land is widely regarded as the most valuable form of property

• The possession of landed property serves as a significant determinant of wealth and societal stability within
the context of Pakistan.
• Islam has bestowed property rights upon women, emphasizing the need to safeguard these rights as a
religious obligation
• In Pakistan, women acquire communal land ownership through various means, including their personal
income, their spouse's income, and inheritance
• The percentage of women who possessed knowledge regarding the necessary documentation for the
registration procedure was significantly limited, primarily attributable to their comparatively lower
educational attainment in relation to both developed and developing nations worldwide.
• The gendered nature of the land registration process and discourse is evident in the requirement for women
to be accompanied by men in order to ensure the completion of the necessary paperwork.
 CHAPTER-1 INTRODUCTION

Women’s Property Rights and Empowerment

Population of females in Pakistan is estimated to be approximately 109.32 million.
In terms of proportion, males constitute approximately 51.46% while females constitute approximately
48.54% of the overall population of the nation.
Pakistan ranks 186th out of 201 countries/territories in terms of the ratio of females to males.
obstacles exist for women, which consequently lead to significant hardships for women involved in legal
proceedings.
These barriers include their dependent socioeconomic status and limited financial resources
The present research examines the socio cultural and legal, administrative, and institutional obstacles
encountered by women in land ownership.
 Statement of the Problem
Women in Pakistan are around half of the total population but they are regularly the target of
discrimination and be treated as a second-class citizens despite the fact that laws and legal authorities
protect their rights to property and empowerment. The problem, though, is that various schools of
Islamic law and jurists have various justifications for why they restrict property rights in various ways and
give women more power. Besides, in Pakistan, the literacy rate is not up to the mark and women are
unaware about their basic rights and laws regarding protection of their property rights which are special
laws. They are buying property and paying for property and its related services without knowing the laws
and even they do not know how to react, if they are not getting the property rights or how to tackle a
fraud or impersonation or misrepresentation. This study emphasis on a critical analysis of understanding
and implementation of women’s property laws and women’s empowerment in Pakistan.
 Research Aims and Objectives
• To study the role of Civil / Contract laws and criminal laws in protecting women’s property rights and
their empowerment especially in Punjab Province of Pakistan.
• To analyze the women’s property laws critically and to look into different arguments provided by
different schools of thoughts in respect to those impediments.
• To judge the role of Civil and Revenue Courts in protection of women’s property rights.
• To propound workable solutions to the problems relating to those impediments in Punjab province of
Pakistan.
 Research Questions & delimitation of Study

Research Questions
• What is the role of Civil / Criminal / Revenue / Contract laws and special laws protecting women’s
property rights and their empowerment especially in Punjab Province of Pakistan?
• Which are the cogent differences of opinions / arguments being supported / advanced by Jurists of
different schools of thoughts with respect to women’s property rights and empowerment?
• What is the role of Civil and Revenue Courts in protection of women’s property rights?
• Which are the workable solutions to the problems relating to women and impediments / barriers being
faced by them in Punjab province of Pakistan?
Delimitation of the Research / Study
This study is limited to the Punjab province regarding women's property rights and women’s
empowerment.
Further in the assessed areas women were usually restricted from participating in private conversations
and public talks.
 REVIEW OF LITERATURE
Progress in terms of women’s property rights
Pakistan has witnessed significant advancements in the domains of women's rights, gender equality, and women's
empowerment (Yilmaz, I. 2014).
From Independence to 1971
• No five-year plans did not include a section dedicated to the status and role of women.
• women were perceived as mothers and homemakers.
The Bhutto era
• prevalence of liberal perspectives concerning women.
• Constitution of 1973, granted women equal status as citizens.
• Article 32 of the Constitution, explicitly state that discrimination solely based on sex is prohibited.
• 10% of the seats in the National Assembly and 5% in the provincial assemblies were allocated for female.
Chapter on women in Sixth Dev. Plan
• Result of the collaborative efforts of a working group lead by Syeda Abida Hussain
• Goal was to implement a comprehensive strategy aimed at enhancing the status of women
 REVIEW OF LITERATURE
Martial law regime of Zia-ul-Haq
• a series of measures aimed at Islamization & legislation discriminated against women.
• Hudood Ordinance and the laws pertaining to evidence, Qisas, and Diyat.
• Excluded women from engaging in sports activities and attending sporting events,
• The practice of "Purdah" by mandating the use of "Chaddars" for female observers.
Seventh, Eighth, and Ninth Plans
• Inclusion of women's concerns in the planning process
• The formation of working groups
• development of women's human resources and the achievement of sustainable economic
growth.
CEDAW
• Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW).
• Strategies to be developed by Ministry of Women’s Development (MWD)
 REVIEW OF LITERATURE

Adoption of 2030 Agenda for Sustainable Development

• Women have made significant strides in various domains,
• pilots within the Pakistan Air Force,
• positions as generals in the Armed Forces,
• influential political and bureaucratic positions,
• prestigious accolades like Academy Awards (Oscars),
• representing Pakistan in international sports events and conferences.

Barriers to Women’s Property Rights & Empowerment

• Lack of Awareness & Proper Information
• Administrative and Institutional Barriers
• Conservative interpretations of Islam
• Islamic jurisprudence
• Gender Gap & Pakistani Practice
 RESEARCH METHODOLOGY

Research Strategy
• Quantitative Strategy
• Survey Based Approved is adopted in this study.

This is a cross sectional study in nature and information and data were collected through survey
method by using close ended questionnaire.

Participants of the study

participants of the study belong to two different walks of life in Punjab
women to find out the real time working situation & implementation of property rights laws.
second group from legal community including district administration and lawyers.
 Questionnaire & Data Analysis

Development of Questionnaire for Survey

•A standard questionnaire is developed and then distributed to know about challenges and issues regarding
implementation of bonded labour laws, reason of non-implementation & consequences faced by the labourers in South
Punjab.
The questionnaire focused on
• Awareness of women’s property rights laws in Pakistan
• Implementation status of women’s property rights.
• Barriers in implementation of laws related to women’s rights.
Analysis of Survey responses using frequency Analysis

•A descriptive frequency analysis is used to find the implementation status of women’s property laws and the challenges
encountered by them.

•The findings are presented in tabular format, describing the prevailing choices made by the participants for each
variable.
 RESULTS AND DISCUSSION

Age of the Participants

Age Frequency Percent

Below 20 years 18 12.0

25-30 56 37.3
30-35 33 22.0
35-40 20 13.3
Above 40 23 15.3

Table 1 Age of Respondents Figure 1 Age of Respondents

 RESULTS AND DISCUSSION

Gender of Participants

Gender Frequency Percent

Male 45 30

Female 105 70

Total 150 100

Table 2 Gender of respondents Figure 2 Gender of Respondents
 RESULTS AND DISCUSSION

Education of the Participants

Education Status Frequency Percent

Masters or above 22 14.7

Bachelors 36 24.0

Intermediate 64
42.7
Matric 21 14.0
Primary or Middle 5 3.3
Illiterate 2 1.3

Table 3 Educational Level of Respondents Figure 3 Education Level of Respondents

 RESULTS AND DISCUSSION

Profession of the Participants

Profession Frequency Percent
Housewives 45 30.0

Working in Fields
23 15.3
Agriculture

Educated but no jobs 29 19.3

Working in Govt.
44 29.3
Sector
Others 9 6.0

Table 4 Profession of Women Figure 4 Profession of Women

 RESULTS AND DISCUSSION

Area of Residence of participants

Area of Residence Frequency Percent

Urban 58 38.7

Rural 92 61.3

Total 150 100

Table 5 Residential Area of respondents Figure 5 Area of Residence

 RESULTS AND DISCUSSION
District of Respondents
District of
Frequency Percent
Respondents

Multan 55
36.7
Vehari 23
15.3
Khanewal 37 24.7
Lodhran 35 23.3
Table 6 District of Respondents Figure 6 District of Respondents
 Frequency Analysis of Questionnaire
Section-A (Awareness of women’s property rights laws in Pakistan)

Neutral
# Statement Agreed % Dis-agreed %
%
Women are aware of the existence of laws for the protection of their property rights.
1 43.3 13.3 2.0

Women have a clear understanding of their inheritance of property rights.

2 68.0 10.7 1.3

Women are aware of the implementation mechanism, channels and authorities.

3 14.7 34.7 4.7

Illiterate Women are more vulnerable to exploitation of their property rights than literate
4 ones. 40.0 20.0 3.3

Family men decide about rights of property of women.

5 36.7 20.0 10.0

The majority of Women are deprived of their legal rights due to ignorance / unawareness.
6 56.7 16.0 7.3
 Frequency Analysis of Questionnaire
Section-B (Implementation status of women’s property rights.
Neutral
# Statement Agreed % Dis-agreed %
%
There are a number of loopholes in the ongoing system of Women’s property rights laws
1 implementation mechanism. 50.7 9.3 6.7

Women are denied of their property due to non-transparent Laws.

2 30.0 13.3 2.7

Implementation authorities are not capable to unearth Women’s issues / problems.

3 14.0 39.3 2.0

Majority of women in Punjab do not claim their property rights due to male dominant
4 society. 33.3 21.3 3.3

Fear of Domestic violence prohibits women to claim their rights in family.

5 43.3 18.7 5.3

Family men discourage women to surrender their property in favour of their brothers.
6 50.7 12.7 8.0

Women are harassed after marriage if they claim their rights in Husband’s property.
7 57.3 21.3 4.0

Family pressure is overlooked by the policy makers & implementers.

8 59.3 12.7 5.3
 Frequency Analysis of Questionnaire
Section-C (Barriers in implementation of laws related to women’s rights )
Neutral
# Statement Agreed % Dis-agreed %
%
Illiteracy is the main cause / barrier to non-implementation of laws.
1 56.7 8.0 4.0

Complex legal procedures are a hurdle for transparent implementation of laws.

2 52.0 14.0 6.0

Social stigma refrains women from claiming their rights.

3 52.0 6.7 8.0

Women does not prefer to visit to court due to non-availability of female judges in court of
4 law. 44.7 11.3 6.7

Majority of Lawyers / Advocates are not well-versed in Women’s property rights.

5 39.9 24.7 12.7

Patriarchal system in our society is a cause of non-implementation of women’s law.

6 46.7 13.3 6.0
 Results inferred from Survey
• Non-implementation of women laws remains a pressing issue.
• Legal provisions provide that women has equal rights to inherit property
• Traditional customs, societal norms, and patriarchal attitudes continue to undermine their entitlement to property and assets.
• Factors contributing to the non-implementation of women's inheritance laws
• Gender biases
• cultural beliefs that favour male heirs.
• Patriarchal social structure
• Women is considered as secondary or subordinate to men.
• Male family members are typically given preferential treatment when it comes to property division.
• Inadequate awareness
• Non-understanding of women's inheritance rights
• Unaware of their legal entitlements or lack access to legal resources
• Lack of effective enforcement mechanisms.
• Weak institutional capacity, corruption, and the absence of stringent penalties for non-compliance
• Social stigmas and fear of backlash
• Resistance, discrimination, or even violence from their families and communities.
 Recommendations of the Study
Recommendations for the Government
a) Assistant Director Land Records (ADLRs) and Sub-Registrars (SR) at the sub-divisional level may be provided an adequate wireless internet /
satellite facilities while focusing the remote areas in all over the Punjab province to provide mobile services at their doorstep may be ensured.
b) ADLRs and SRs should establish and provide a free universal helpline for redressing the grievances of women to handle the cases of corruption,
harassment, malpractices, disputes and mismanagement in the offices.
c) A comprehensive mechanism in the revenue as well as other law courts may be devised to ensure speedy and transparent disposal of revenue
and judicial cases to provide justice fairly well in time to women.
d) Female judges may be appointed in all over the country in all kinds of law courts in an appropriate percentage to cope with the issues of
women separately.
e) At least one female Advocate / legal practitioner in all law court may be appointed to assist women in all legal issues being faced by them as
well as one female law officer may be appointed in all offices including the land revenue offices throughout Pakistan particularly in the Punjab
Province.
f) Representation of women employees at all offices including revenue administration to extend help to women.
g) Short courses be imparted to staff at all level across the country for better understanding of women’s needs and provision of services to them.
h) A firm and strict policy against all forms of harassment of women may be implemented across the country especially in Punjab Province.
 Recommendations-continued

i. Awareness be given through electronic, social and print media campaigns regarding legal programmes on women’s property rights
with special focus on land record offices.
j. A mechanism may be devised at gross root level for safety and sensitization for the property rights as well as welfare of women in all
walks of life while effective utilization of all kinds of available resources.
k. Women must be taken on boards in all kinds of legislation regarding their basic rights as well as their property rights and their
empowerment in all spheres of life to improve their status and living standard in the country.
l. A separate counter for women in all offices with female staff may be established especially in land revenue offices to complete the
procedure of land registration / transaction.
m. Separate facilities like waiting room, breast feeding room for mothers, toilets etc. may be provided for women besides special
arrangement for disabled.
n. Hoarding Boards, Streamers, Pamphlets, broachers regarding information on women’s property rights should be displayed/made and
distributed among the women service seekers and in all offices for the general public as well.
o. The Ministry of Women, and Ministry of Commerce and Industry should take measures for the participation of women, who are
interested in entrepreneurship and marketing.
p. Microcredit loan facilities without interest from commercial banks be provided to the women for small and medium enterprises as
well as for the purchase of the property.
q. Scholars and researchers may be encouraged to continue their research work related to women’s issues especially related to property
rights and their empowerment in Pakistan.
 Recommendations-continued
Factors to secure women’s Property Rights
a) Family support for women
b) Advocacy & Support for women’s Property Rights
c) Inherited Land as a source of income source
d) Awareness through social, electronic and print media
e) Female Legal Advisors/Counsels for free legal services
f) Workshop and training programmes to social workers
g) WhatsApp Groups for Coordination
h) Establishment of Woman’s right Watchdogs
i) Removal of barriers at land revenue offices
j) Entrepreneurs and Women’s independent business
k) Legal Reforms for Women’s property rights
 Future Work
This research work is organized for study purpose with the time and budget constraints. Moreover, sample size selected in this study is also
small. Therefore, results inferred during this study are valid for South Punjab region. Moreover, this work is completed as cross sectional
study and all the data is collected at a specific point of time. Therefore, the results cannot be generalized for the whole Punjab. In future,
this work can be extended by selecting a larger sample size and can be performed as longitudinal study to get more generalized results.
Furthermore, target population selected during this study consist of Women and implementers. In future, this work can be performed by
selected specific regions to get more specific results.