A Historical, Legal, and Shari'ah-based Analysis of the Inheritance Law in Practice in Pakistan

Abstract

This research paper explores the prevailing inheritance laws in Pakistan through historical, legal, and religious lenses. It highlights the significance of inheritance in Islamic jurisprudence, where clear guidelines for the distribution of wealth are provided in the Qur'an and Hadith. The study traces the evolution of inheritance law in the Indian subcontinent, particularly the impact of British colonial rule and the subsequent legal developments in post-independence Pakistan. It critically examines the role of the Muslim Personal Law (Shariat) Act of 1962 and other related statutes in shaping inheritance rights, especially for women and grandchildren.

In addition to Islamic law, the paper analyzes the legal frameworks governing the inheritance rights of religious minorities in Pakistan, particularly Christians and Hindus. It outlines the relevant statutes such as the Succession Act of 1925 (applicable to Christians) and Hindu Inheritance (Removal of Disabilities) Act, highlighting key differences in principles of succession, gender equity, and testamentary freedom. A key focus is the analysis of recent Supreme Court judgments, especially regarding the inheritance rights of grandchildren in cases where their parent has predeceased the grandparent.

Kewwords: Inheritance Law, Pakistan Legal System, Islamic Shari'ah, Historical Analysis, Legal Reforms in Pakistan