Courts, jirgas can’t change Shariah law on inheritance: SC

ISLAMABAD: The Supreme Court (SC) on Tuesday observed that no court or a jigra could change the Islamic law of inheritance as Islam has set the principles for Shariah law 1,450 years ago. A two-member SC bench comprising Justice Qazi Faez Isa and Justice Yahya Afridi heard a petition, challenging the decision of lower courts regarding the distribution of property among the heirs of one Habibullah after his death.

The court ordered for distribution of property of the late Habibullah among the legal heirs in accordance with the Islamic principles after setting aside the decisions made by the lower courts.

Earlier, during the course of hearing, Justice Qazi Faez Isa observed that the decision given by a jirga in the instant matter was not superior to the divine law, adding that the Islamic law of inheritance was final.

The judge observed that a seven-year old boy was made witness before the jirga after stamping his thumbprint on the property distribution documents, adding that such type of documents make a mockery of the law.

“A seven-year old boy even involved in a murder case, cannot be hanged,” Justice Isa remarked. Counsel for the petitioner submitted before the court that the ground realities of the region should be considered in the instant matter.

Justice Isa, however, told the counsel that the region he was referring to treats woman as a lesser human being. The judge observed that the dictators had imposed martial laws in the country in the garb of ground realities and had forced the judges to sign documents.

“Still we are asked to consider the ground realities,” Justice Isa remarked adding that the property related cases are decided in Saudi Arabia in a month; however, he said that here in Pakistan such cases take 40 years.