Law Of Inheritance In Islam ✅ Disinheritance Recent Case Law Of Supreme Court Of Pakistan
(00:00) This topic is significant and cannot be ignored. In today’s session, we are discussing a very important issue that frequently arises among families across Pakistan, including overseas Pakistanis. Many people face inheritance-related disputes. After addressing numerous queries on this matter, I decided to elaborate with references to the Supreme Court’s recent rulings.
(00:42) The focus is on inheritance, specifically situations where daughters or sisters are deprived of their rightful inheritance through gifts or written wills. What is the Supreme Court’s stance on such cases? Before proceeding further, I request you to subscribe to my channel and click the bell icon to stay updated with all my videos.
(01:20) Allah Almighty has given us Shariah through the Holy Prophet (PBUH), which is flawless and a perfect system. According to Islamic law, every Muslim has the right to give gifts. A person may gift their property to anyone, not limited to their direct heirs. Even an unborn child in the mother’s womb, once it reaches six months and begins taking nutrition, is entitled to inheritance rights if the parent wishes to allocate it.
(02:15) However, the question arises about the intention behind the gift. If someone reduces or eliminates another’s share for malicious reasons, such a gift is invalid. The Supreme Court’s judgment in “370 2021 CLC Page 106” clarified this, stating that while gifting is permissible, doing so to unfairly deprive a daughter, wife, sister, or son of their rightful share is against Islamic principles.
(03:01) It also addressed cases where an elderly person, out of affection, gifts property to someone shortly before passing away. If this act unfairly deprives other rightful heirs, it can be contested. I have explained many times that gifting involves an offer and delivery, which must be accompanied by clear and honest intentions.
(03:45) A related case in “2018 CLC Page 25” highlighted a situation where daughters were granted all the property, and a son was excluded entirely. This led to disputes often seen in families where children feel unjustly treated. Such acts are contrary to Islamic teachings, which emphasize fairness and justice in inheritance distribution.
(04:27) Historically, certain customs from pre-Islamic traditions, such as denying daughters inheritance, persist in some communities. This underscores the importance of Pakistan’s creation, as it enabled the implementation of Shariah-based laws to address these injustices.
(05:10) In conclusion, if someone is being disinherited, the reasons behind it must be justified and proven. Courts ensure fairness by examining the intent and circumstances behind such decisions. Arbitrarily increasing or decreasing someone’s share without valid justification is unacceptable.
