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Non-Muslims cannot Inherit Property from Muslim Relatives under Islamic Law --- Lahore High Court, Lahore

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Non-Muslims cannot Inherit Property from Muslim Relatives under Islamic Law --- Lahore High Court, Lahore

Islamabad 28-12-2024: In a significant ruling, the Lahore High Court reaffirmed the principles of Islamic inheritance law, declaring that non-Muslims cannot inherit property from Muslim relatives. The judgment was delivered by Mr. Justice Ch. Muhammad Iqbal in [C.R. No. 3843/2014], a Civil Revision case involving disputed inheritance rights.

The case revolved around a land inheritance dispute in Gojra, District Toba Tek Singh, where the respondents, Fateh Muhammad and others, challenged the inheritance rights of Ghulam Qadir, a Qadiani by faith, to the estate of his Muslim father, Natho. The petitioners contended that Ghulam Qadir’s faith did not bar him from inheriting under the law prevailing at the time of mutation in 1954.

The Trial Court decreed the suit in favor of the respondents in 2012, a decision upheld by the Appellate Court in 2014. The petitioners sought redressal in the Lahore High Court, arguing that the constitutional amendment of 1974, which declared Qadianis as non-Muslims, could not be applied retrospectively.

Mr. Justice Ch. Muhammad Iqbal dismissed the Civil Revision, upholding the decisions of the lower Courts. The judgment provided critical clarifications on Islamic inheritance law and its application:

The Court reiterated that a non-Muslim cannot inherit property from a Muslim under Islamic law, as supported by a Hadith from Sahih Muslim and the Muslim Personal Law (Shariat) Application Act, 1937.
The Court held that Article 260(3) of the Constitution of Pakistan, 1973, which declares Qadianis as non-Muslims, operates retrospectively. This provision merely affirmed the Shariah principle that non-Muslims cannot inherit from Muslims.
During cross-examination, the petitioners admitted that Ghulam Qadir was a Qadiani, a fact that negated his eligibility to inherit from his Muslim father.
The Court emphasized the limited scope of revisional jurisdiction, ruling that the petitioners failed to demonstrate any jurisdictional defect or illegality in the decisions of the Trial and Appellate Courts.

The Court dismissed the Civil Revision, reinforcing the Islamic principle that inheritance disputes involving Muslims are governed exclusively by Shariah law.