Non-Muslims can not inherit Muslim property: LHC rules

LAHORE: The Lahore High Court has ruled that a non-Muslim cannot inherit the property of their Muslim relative under Islamic law, ARY News reported.

According to reports, Justice Chaudhry Muhammad Iqbal issued the decision while upholding the verdicts of two lower courts regarding the transfer of agricultural land in Toba Tek Singh’s Tehsil Gojra.

According to details, the deceased landlord was a Muslim, and after his death, his property was transferred to his three sons and two daughters. However, one of the deceased’s grandsons challenged the transfer in favour of one of his uncles, claiming that the uncle was an Ahmadi and, therefore, not eligible to inherit property under Islamic inheritance laws.

The courts ruled in favour of the grandson, nullifying the property transfer. During the proceedings, another heir, the son of the non-Muslim uncle, testified that his father was an Ahmadi.

The Lahore High Court reaffirmed that Islamic principles do not allow a non-Muslim to inherit from the property of a Muslim relative.

Back in October 2022, the National Assembly (NA) passed the law to decide on cases about inheritance within one year.

The National Assembly resumed its session at the Parliament House with Deputy Speaker Zahid Akram Durrani in the chair.

According to the details, NA unanimously passed a bill to amend the Code of Civil Procedure (CCP), making it mandatory for the civil courts to decide cases about inheritance within 12 months.

The Code of Civil Procedure Amendment Bill 2021 was introduced by Syed Javed Hasnain and was unanimously passed by the lower house of Parliament.

The bill states that civil judges of civil courts will now be bound to decide on inheritance cases within one year.

Syed Javed Hasnain Shah said that widows and orphans are helpless people of society and their cases related to inheritance should be decided early.

Earlier, the Supreme Court in a landmark ruling said that women must claim their right to inheritance in their lifetime.

“If they fail to claim inheritance in their lifetime, their children cannot lay a claim,” a bench of the apex court said in its verdict over the women’s right to inherit.

A bench of the supreme court in its decision said that the law protects their right to inheritance.