When a Muslim passed away, his lawful heirs became the immediate proprietors of his estate to the extent of their respective shares as specified by shariah. Exploiting the most defenceless members of society while breaking the law of inheritance, or the shariah in the case of Muslims is utterly immoral. At the moment of the demise of his or her predecessor, an heir acquires property to the extent of his or her share.

Pakistan’s Muslim inheritance law

All legal heirs of a deceased person become owners of the property to the extent of their respective share until and unless they themselves legally alienate their said share or right further. They also become joint owners in the estate, having constructive possession over their share, and there is no time limit on inheritance matters. The registration and sanctioning of mutation of inheritance is merely a formality to update the official record.

Article 24(1) of the Constitution of the Islamic Republic of Pakistan protects property (including inherited property), while Article 25(3) of the Constitution ensures the safety of women and children.

The Constitution outlines the objectives that the people of Pakistan have set for themselves in the “Principles of Policy,” which call for the “promotion of social justice and eradication of social evils” and include the protection of mother and child (Article 35). (Article 37).

A woman and her child are not protected when their inheritance is taken away; rather, it is preyed upon. Such behaviour is inherently unfair and a common social ill.

According to Article 29(1) of the Constitution, it is expected that the State’s organs and authorities will act in accordance with its principles of policy. The organs and authorities in question, including the courts, are also expected to act quickly to resolve claims made by orphans and widows who claim they have been denied their inheritance.

The law (in this case, shariah), the Constitution, and public policy all forbid the use of gifts or other methods to deprive daughters or widows or other female family members.

The law (shariah in these situations), the Constitution, and public policy all forbid the use of gifts or other methods to deprive female family members, especially daughters and widows.

The Supreme Court of Pakistan has made it clear that the act of a woman relinquishing her inheritance is not in line with Islamic jurisprudence and goes against public policy. Islamic commentators agree that enforcing the laws of inheritance is important for the circulation of wealth, making it an objective of public policy. Therefore, even if the relinquishment is proven, it would still be deemed void and against public policy.