LAHORE: The Lahore High Court (LHC) has ruled that a non-Muslim cannot inherit from the estate of a Muslim relative, whether as a successor or predecessor. Justice Chaudhry Muhammad Iqbal issued the ruling, affirming decisions by two lower courts regarding the inheritance of 83 kanals of land in Gojra tehsil, Toba Tek Singh district.
The property belonged to a Muslim landowner who passed away, and the estate was initially inherited by his three sons and two daughters. However, the Muslim grandson of the deceased challenged the inheritance, arguing that one of his uncles, who was an Ahmadi by faith, could not inherit the land. The lower courts ruled in favor of the grandson, canceling the inheritance mutation.
During cross-examination, it was revealed that one of the non-Muslim heirs testified that his father was an Ahmadi. Justice Iqbal acknowledged this, emphasizing that it was well-established that the man was an Ahmadi, but this had not been disclosed during the inheritance process. The judge cited Islamic law, which prohibits inheritance between Muslims and non-Muslims, quoting a saying of the Holy Prophet (PBUH): βA Muslim does not inherit from a disbeliever, and a disbeliever does not inherit from a Muslim.β
Justice Iqbal further noted that under British rule, personal laws of communities were protected, and the Muslim Personal Laws were made applicable to Muslims through the Muslim Shariat Application Act, 1937. Thus, the inheritance of a deceased Muslim’s estate is governed by Islamic law.
The judge concluded that a non-Muslim has no right to inherit from the estate of a Muslim relative, affirming the trial court’s decision and dismissing the petition.
