The Lahore High Court (LHC) has ruled that non-Muslims are not entitled to inherit from their Muslim relatives, either as successors or predecessors.
This decision aligns with Islamic jurisprudence, which traditionally holds that individuals of different faiths cannot inherit from one another. The Prophet Muhammad (peace be upon him) is reported to have said: “A Muslim does not inherit from a disbeliever, and a disbeliever does not inherit from a Muslim.”
In the case before the LHC, a Muslim grandson contested the inheritance mutation favoring his uncle, alleging that the uncle was an Ahmadi by faith and, therefore, not entitled to inherit from his Muslim father. The court upheld the grandson’s claim, emphasizing that under Sharia law, a non-Muslim cannot inherit from a Muslim.
This ruling underscores the application of Islamic inheritance laws in Pakistan, particularly as outlined in the Muslim Personal Laws through the Muslim Shariat Application Act, 1937. These laws dictate that the estate of a deceased Muslim should be distributed among Muslim heirs, excluding non-Muslim relatives from inheritance rights.
It’s important to note that while inheritance between Muslims and non-Muslims is restricted, Islamic law permits non-Muslims to receive bequests through wills, provided the bequest does not exceed one-third of the estate. This distinction allows for some degree of financial provision across faith lines without contravening Islamic inheritance principles.
