| Case ID |
f63d3877-376a-4d36-ac1f-318a5d1fd1f3 |
| Body |
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| Case Number |
Civil Appeal No. 2263 of 2006 |
| Decision Date |
Jun 26, 2014 |
| Hearing Date |
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| Decision |
The appeal was allowed, confirming that the two sisters of Aimna Bibi shall inherit a total of 2/3rd of the estate, with Waris Ali, the son of Aimna's pre-deceased brother, inheriting the remaining 1/3rd as a residuary. The court emphasized the application of Islamic inheritance laws, specifically the principles of Qur'anic sharers and the rules of exclusion. The case highlighted the importance of these principles in determining the rightful heirs and their respective shares in the estate. The decision reinforced the understanding of agnatic inheritance among siblings and the implications of pre-deceased siblings on inheritance rights. |
| Summary |
The case revolves around the Islamic law of inheritance, focusing on the distribution of an estate left by Aimna Bibi, who died on November 17, 1999. The legal dispute arose between her two sisters, Rasoolan Bibi and Ghulam Fatima, and Waris Ali, the son of a pre-deceased brother. The Supreme Court of Pakistan deliberated on the rightful shares of the estate based on the principles of Sunni Fiqh and Qur'anic injunctions. The court ruled that the sisters would inherit 2/3 of the estate while Waris Ali would receive 1/3 as a residuary. This case underscores the significance of understanding Islamic inheritance laws, particularly in familial relationships and the status of heirs. The ruling clarifies the application of these laws in contemporary legal disputes, ensuring fair distribution among heirs while adhering to religious principles. Keywords such as Islamic inheritance laws, Qur'anic sharers, Sunni Fiqh, agnatic inheritance, and estate distribution are central to this case, reflecting ongoing discussions in legal circles about the intersection of law and religion. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ANWAR ZAHEER,
JAMALI,
MIAN SAQIB NISAR
|
| Lawyers |
Mushtaq Ahmed Qureshi,
Muhammad Munir Peracha,
Salman Akram Raja
|
| Petitioners |
Mst. Ghulam Fatima,
Waris Ali
|
| Respondents |
Rasoolan Bibi
|
| Citations |
2014 SLD 2612,
2014 PLD 779
|
| Other Citations |
Not available
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| Laws Involved |
Not available
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| Sections |
Not available
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