مسلم فیملی لاء ۱۹۶۱؁کی دفعہ ۴ متعلقہ وراثت اور اجماع کا تحقیقی جائزہ

Research Review of section :4 of Muslim Family law related to Inheritanc and Consensus

Abstract

Islam provides a comprehensive code of life, offering guidance on all aspects of human existence, including inheritance. The Quran and Hadith outline clear principles and rules for distributing a Muslim's wealth among their heirs after death. These divine guidelines ensure a fair and just allocation of inheritance, eliminating the need for speculation and ijtihad. Throughout history, Islamic scholars have unanimously agreed on the distribution of inheritance, with a consensus that orphaned grandchildren and great-grandchildren are not entitled to inherit from their grandparents. However, in 1961, Pakistan's Muslim Family Laws (Inheritance) introduced a contradictory provision, granting inheritance rights to orphaned grandchildren and great-grandchildren. This deviation from traditional Islamic jurisprudence has sparked debates among scholars, with some, like Javed Ahmed Ghamdi, arguing in favor of this provision. This study examines the Islamic principles and rules governing inheritance, the historical consensus among scholars, and the contemporary debates surrounding this issue, highlighting the need for a nuanced understanding of Islamic inheritance law.