Key Features of Muslim Inheritance Law in Pakistan

1. Equal Ownership: Upon the death of an individual, all legal heirs become joint owners of the deceased’s property to the extent of their prescribed shares. This ownership exists immediately and automatically, even before the mutation process.

2. Constitutional Protection:

   • Article 24(1): Safeguards the right to own property, including inherited property.
   • Article 25(3): Guarantees the protection of women and children against exploitation.
   • Article 35: Emphasizes the protection of mothers and children.
   • Article 227: Declares that all laws must conform to Quranic principles and Sunnah.

3. Islamic Guidance on Inheritance:

   • The Quran, in Surah al-Nisa (Verses 7-11), explicitly outlines the shares of inheritance for male and female heirs.
   • Verse 7 guarantees both men and women a rightful share of inheritance, irrespective of its size.
   • Verse 10 warns against the wrongful consumption of orphaned wealth, equating it to swallowing fire.

4. Role of Revenue Authorities: Revenue officers must scrutinize all gift transactions and other documents, ensuring no female heir is deprived of her legal share. Fraudulent gifts and forced relinquishments are contrary to public policy and Islamic jurisprudence.

5. Legal Protections for Vulnerable Heirs:

   • Female heirs and children often face undue pressure to forgo their inheritance rights. Such actions are unlawful and void under Islamic law, constitutional principles, and judicial precedent.
   • The Supreme Court of Pakistan has invalidated forced relinquishments, stating they violate public policy and Shariah.