Tag Archives: Muslim

Succession: What If A Legal Heir Dies Before Getting His Share?

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Under Pakistani and Muslim law, a legal heir of a deceased becomes entitled to his share in the estate (=properties) of the deceased as soon as the deceased passes away.

This means that even if he does not get his hands on the possessions of the deceased, he becomes the owner to the extent of his share according to his religious law. To get this share, he can either take it with other people’s consent (=رضامندی), or if that is not possible, then he can approach the court to obtain a Succession Certificate or a Letter of Administration. Also note that you cannot sell the land/immovable property without the permission of the court.

Now, if a legal heir dies before actually getting his share, it will be considered his owned property and as such his legal heirs can approach the court and demand his share to which he was already entitled during his lifetime. This is provided in Section 4 of the Muslim Family Law Ordinance, 1961.

Human Rights Series: Religious Freedom In Pakistan

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The Islamic Republic of Pakistan is no doubt an Islamic State made for the purpose of providing a safe space for the Muslims to practice and profess their religion. But the Quaid e Azam Muhammad Ali Jinnah specifically announced that in this free Islamic State the minorities will have the same religious freedom to not only practice their own religions, but also to make their own religious institutions.

Keeping the same spirit alive, the Constitution of Pakistan in its Article 20 legally grants this freedom to all the citizens of Pakistan. It states:

Every citizen shall have the right to profess, practice and propagate his religion.

Article 20(a)

This includes Muslims, Christians, Hindus, Parsis, Jews, etc. According to this Article, everyone is free to go to their mosques, churches, temples, synagogues, and other places of worship; just like Quaid e Azam instructed. Moreover, there is freedom to manage religious denominations and sects (فرقہ). The constitution states this right in the following words:

Every religious denomination and every sect thereof shall have the right to establish, maintain and manage its religious institutions.

Article 20(b)

All these rights are “subject to law, public order and morality”, which means that the government can impose certain reasonable restrictions on the exercise of this right to protect the general public or to protect the overall moral conditions of the citizens. Apart from this, your freedom of religion is absolute, and no official or other person can legally deprive you of this right. If you feel like someone’s religious freedom is being curtailed, you can approach the High Court which will make necessary orders to restore this fundamental right.