Islamic Inheritance Law and Its Economic Implications along with Practical Applications in Pakistan

1. Islamic Inheritance Law and Its
Economic Implications along with
Practical Applications in Pakistan

2. OVERVIEW
 Key principles of Islamic
Inheritance law
 Inheritance law in Quran and
Sunnah
 Constitution of Pakistan and the
law of inheritance
 Some State Laws at odds with
Divine Laws
 Concept of Inheritance under
Muslim law
 Sunni law of inheritance
 Shia law of inheritance
 Impacts of Islamic Inheritance on
the economy:
1. Social Justice
2. Economic Stability
3. Gender Equality

3. KEY PRINCIPLES OF ISLAMIC
INHERITANCE LAW
Prescribed shares
Residuary estate
Exclusions
Wasiyyah (Will)
Bills and funeral cost
Estate rights of women
Non-Muslim relatives

4. Inheritance Laws in Quran and Sunnah
Inheritance in Quran
In verse 12 of Surah Nisa’a, Allah says:
And for you is half of what your wives leave if they have no child. But if they have a child, for you is one-fourth of
what they leave, after any bequest they [may have] made or debt. And for the wives is one-fourth if you leave no
child. But if you leave a child, then for them is an eighth of what you leave, after any bequest you [may have]
made or debt. And if a man or woman leaves neither ascendants nor descendants but has a brother or a sister,
then for each one of them is a sixth. But if they are more than two, they share a third, after any bequest which
was made or debt, as long as there is no detriment [caused]. [This is] an ordinance from Allah, and Allah is
Knowing and Forbearing.
In Verse 176 of Surah Nisa’a, Allah says:
They request from you a [legal] ruling. Say, “Allah gives you a ruling concerning one having neither descendants
nor ascendants [as heirs].” If a man dies, leaving no child but [only] a sister, she will have half of what he left.
And he inherits from her if she [dies and] has no child. But if there are two sisters [or more], they will have two-
thirds of what he left. If there are both brothers and sisters, the male will have the share of two females. Allah
makes clear to you [His law], lest you go astray. And Allah is Knowing of all things.

5. Inheritance Laws in Quran and Sunnah
Inheritance in Quran
In Verse 11 of Surah Nisa’a, Allah says:
Allah decrees a will for your children; the male gets twice the share of the female. If the heirs are women,
more than two, they receive two thirds of the estate. If only one daughter is left, she gets one half. The
parents of the deceased are each entitled to one sixth if he has left offspring. If he left no children and his
parents are the only heirs, his mother gets one third. If he has siblings then his mother gets one sixth
after the fulfillment of any will the deceased has left and after the payment of all debts. Your parents or
your children – you know not which of them are nearest to you in benefit. [These shares are] an
obligation [imposed] by Allah. Indeed, Allah is ever Knowing and Wise.

6. Inheritance Laws in Quran and Sunnah
Inheritance in hadith
Volume 8, Book 80, Number 725: Narrated Sa’d bin Abi Waqqas:
I was stricken by an ailment that led me to the verge of death. The Prophet came to pay me a visit. I said, "O
Allah’s Apostle! I have much property and no heir except my single daughter. Shall I give two-thirds of my
property in charity?" He said, "No." I said, "Half of it?" He said, "No." I said, "One-third of it?" He said, "You
may do so though one-third is also to a much, for it is better for you to leave your off-spring wealthy than to
leave them poor, asking others for help. And whatever you spend (for Allah’s sake) you will be rewarded for it,
even for a morsel of food which you may put in the mouth of your wife." I said, "O Allah’s Apostle! Will I
remain behind and fail to complete my emigration?" The Prophet said, "If you are left behind after me,
whatever good deeds you will do for Allah’s sake, that will upgrade you and raise you high. Maybe you will
have long life so that some people may benefit by you and others (the enemies) be harmed by you." But
Allah’s Apostle felt sorry for Sa’d bin Khaula as he died in Mecca. (Sufyan, a sub-narrator said that Sa’d bin
Khaula was a man from the tribe of Bani ’Amir bin Lu’ai.)"

7. Inheritance Laws in Quran and Sunnah
Inheritance in hadith
Volume 8, Book 80, Number 716: Narrated Jabir bin ’Abdullah:
I became sick so Allah’s Apostle and Abu Bakr came on foot to pay me a visit. When they came, I was
unconscious. Allah’s Apostle performed ablution and he poured over me the water (of his ablution) and I
came to my senses and said, "O Allah’s Apostle! What shall I do regarding my property? How shall I
distribute it?" The Prophet did not reply till the Divine Verses of inheritance were revealed.
Volume 8, Book 80, Number 717: Narrated Abu Huraira:
Allah’s Apostle said, “Beware of suspicion, for it is the worst of false tales and don’t look for the other’s
faults and don’t spy and don’t hate each other, and don’t desert (cut your relations with) one another O
Allah’s slaves, be brothers!”

8. The Constitution of Pakistan and the Law
of Inheritance
Foundation
• Based on Sharia
law.
• Not explicitly
written in the
Constitution.
Constitutional
References
• Article 2:
Declares Islam as
state faith,
mandates Islamic
principles.
• Article 227:
Grants authority
for Islamic-based
laws
Framework vs.
Specific
• Laws Constitution
sets framework;
detailed
inheritance laws
via separate
legislation (e.g.,
Muslim Personal
Law (Shariat)
Application Act,
1962).
Guidance
• Specific
inheritance rules
found in religious
texts and
interpreted by
Islamic experts for
practical
implementation.

9. Some State Laws are at Odds with Divine
Laws
• Pakistani law has changed over time to give women
more equal property rights, which may not match
with the exact numbers in the Quran
Equal inheritance
women
• In Pakistan, there can be differences in how the rules
wills are followed, and there can be disagreements about
assets are divided through wills, which could go against
the Quran says.
Wasiyyat
• Farishta v Federation of Pakistan
Example

10. Concept of inheritance under Muslim law
Inheritance
• Foundation of Inheritance
• Tenants-in-Common Concept
• Eligibility for Inheritance
• Recognition of Unborn Heirs
• Gender-Neutral Inheritance
• Spousal Inheritance
• Widow's Inheritance
• Exception for Unconsummated
Marriages
• Preference for Ascendants
• Sharers and Residuaries
• Transformation of Tribal Norms

11. Sunni Law of inheritance
Hanafi school of
law
Balancing
Quranic and
Customary Heirs
Agnate
Preference,
Including
Females
Differences in
Inheritance
Positions
Inclusion of
Cognate Heirs
Categories of
Heirs
Escheat to the
State in Absence
of Heirs
Per Capita
Distribution

12. Shia Law of inheritance
Ithna-Ashari
Law
Per-Strip
Distribution
Principle
Equality in
Inheritance
Rights
Exception for
Husband and
Wife
No Hierarchy
Two
Relationship
Types:
Nasab and
Sabab

13. Impacts of Islamic Inheritance Laws on the
Economy
Islamic inheritance laws promote economic stability and fairness in Pakistan. These
laws are based on principles of justice, wealth sharing, and social stability. Here are a
few ways that Islamic rules about inheritance affect the economy:
1. Social Justice
2. Stability in the Economy
3. Gender Equality

14. Social justice
Fair wealth
distribution
among
heirs.
Reduction of
wealth
disparities.
Contributing
to economic
stability.

15. Stability in the Economy
Wealth
Distribution
Prevents wealth
concentration.
Reduces social
unrest and
economic
instability.
Investment in
Real Assets
Encourages
productive asset
investment.
Boosts economic
activity and
employment.
Family-Owned
Enterprises
Facilitates
smooth
transitions.
Encourages
entrepreneurship
and job stability.
Incentives for
Economic
Activity
Provides heirs
with financial
security.
Promotes
economic
engagement and
growth.
Property Rights
and Legal
Consistency
Establishes clear
property
distribution
guidelines.
Enhances trust in
economic
transactions.
Reduces
property
disputes.

16. Gender Equality
Promotes gender equality in inheritance.
Empowers women economically.
Contributes to societal progress and inclusivity.

17. Conclusion
Pakistan’s Legal System
Implications of Pakistani
Estate Laws
Different Things About Islamic
Law and Pakistani Law
Challenges and Controversies
Reforms and Adaptations
In conclusion, Islamic
inheritance laws are clear
and detailed. They are
found in the Quran and
Sunnah. They stress
fairness, justice, and the
fair division of assets
among heirs.

18. Thank you
Any Questions