General Rules of Inheritance under Islamic Law (Applicable in Pakistan)
In Pakistan, the law of inheritance for Muslims is governed by Islamic Law (Shariah), mainly enforced through the Muslim Personal Law (Shariat) Application Act, 1962. The general rules are as follows:
Conclusion:
The Islamic law of inheritance, as applied in Pakistan, is a mandatory, divinely ordained system ensuring equitable distribution of property while safeguarding the rights of family members.
In Pakistan, the law of inheritance for Muslims is governed by Islamic Law (Shariah), mainly enforced through the Muslim Personal Law (Shariat) Application Act, 1962. The general rules are as follows:
- Inheritance Opens on Death
Succession comes into effect only on the death of the propositus (deceased). No heir has a vested interest during his lifetime. - Devolution by Operation of Law
Property devolves automatically according to Islamic law and not by the will of the deceased (except within lawful limits). - Payment of Funeral Expenses and Debts First
Before distribution of inheritance:- Funeral expenses are paid
- Debts of the deceased are discharged
- Valid will (up to one-third) is executed
- Rule of One-Third (Wasiyyah)
The deceased may bequeath only one-third of his estate by will, and not in favour of legal heirs without their consent. - Fixed Shares (Sharers)
Certain heirs (e.g., spouse, parents, daughters) are entitled to fixed shares as prescribed in the Qur’an. - Residuaries (Asaba)
After sharers receive their portions, the remaining property goes to residuaries (usually male agnates). - Doctrine of Exclusion (Hajib)
A nearer heir excludes a remoter heir of the same class (e.g., son excludes grandson). - No Distinction Between Self-Acquired and Ancestral Property
All property of the deceased, regardless of its source, is inheritable. - Male and Female Heirs Both Inherit
Islam recognizes inheritance rights of women, though generally a male gets double the share of a female of the same degree. - Disqualification from Inheritance
An heir may be disqualified on grounds such as:- Homicide of the deceased
- Difference of religion
- Slavery (historical rule)
- Simultaneous Death (Commorientes)
If two persons die in circumstances where it cannot be determined who died first, neither inherits from the other. - Legitimacy
Only legitimate children are entitled to inherit under Islamic law.
The Islamic law of inheritance, as applied in Pakistan, is a mandatory, divinely ordained system ensuring equitable distribution of property while safeguarding the rights of family members.