Learn about the wirasat laws in Pakistan as per Sunni Fiqh, governing inheritance distribution. This comprehensive guide provides insights into key principles, share distribution, exclusions, and FAQs. Understand the Islamic principles and guidelines for inheritance in Pakistan.

Wirasat Laws in Pakistan as per Sunni Fiqh

Table of Contents

1. Introduction
2. Inheritance Laws
3. FAQs

Introduction

Wirasat, also known as inheritance or succession, is a crucial aspect of Islamic law that governs the distribution of a deceased person's assets among their heirs. In Pakistan, the Sunni Muslim population follows Sunni Fiqh, which has its own specific guidelines for wirasat.

Inheritance Laws

According to Sunni Fiqh, the wirasat laws in Pakistan are based on the Islamic principles outlined in the Quran and the Sunnah (teachings and practices of the Prophet Muhammad, peace be upon him). The following key principles and guidelines are followed:

Principle	Description
1. Faraid	Faraid is the Islamic law of inheritance that governs the distribution of assets among heirs based on their shares prescribed by the Quran.
2. Sharers and Residuaries	Sharers (Asaba) are the primary heirs who receive fixed shares of the estate, such as spouses, parents, children, and siblings. Residuaries (Dhawu al-Furud) receive the remaining estate after the sharers have received their shares.
3. Share Distribution	The distribution of shares among heirs is determined by the Quranic guidelines. For example, the male relatives generally receive double the share of the female relatives in certain cases.
4. Exclusions	There are certain individuals who are excluded from inheriting, such as non-Muslim heirs, illegitimate children, and murderers.
5. Bequests	Testators have the option to allocate up to one-third of their estate for charitable purposes or to individuals who are not direct heirs, subject to specific conditions.
6. Debts and Liabilities	Prior to the distribution of inheritance, any outstanding debts and liabilities of the deceased must be settled.

FAQs

1. Who is eligible to inherit according to Sunni Fiqh in Pakistan?

   Eligible heirs according to Sunni Fiqh in Pakistan include spouses, parents, children, and siblings of the deceased. There are specific rules and guidelines regarding their shares.

2. Can a non-Muslim inherit property in Pakistan under Sunni Fiqh?

   No, according to Sunni Fiqh, non-Muslims cannot inherit property in Pakistan. The inheritance laws are applicable to Muslim heirs only.

3. What happens if there are no immediate heirs?

   If there are no immediate heirs, the estate may be inherited by more distant relatives according to the rules of inheritance. If no eligible heirs are found, the state may claim the assets.

4. Can a person make a will to distribute their assets according to their wishes?

   Yes, within the limits set by Islamic law, a person can make a will to distribute up to one-third of their estate for charitable purposes or to individuals who are not direct heirs.