ISLAMABAD: Supreme Court (SC) has observed that depriving the daughters of inheritance right is against both Shariah and law. SC further remarked Jirga cannot abolish right of any heir against Quran and Sunnah. SC gave these remarks while releasing a decision regarding inheritance rights of women. SC has upheld Balochistan High Court (BHC) decision. Justice Irfan Saadat Khan wrote the decision in the matter of dispute over possession of inherited land of Muthi Khan. The decision said the attempt to grab inheritance through fake mutation has failed . No one has any right over the property acquired through fraud. The court made it clear the tribal customs aimed at depriving the women of the inheritance are illegal while jirga cannot abolish right of any heir against Quran and Sunnah. Depriving daughters of inheritance is violation both of Shariah and law. The SC while giving decision in favor of real heirs rejected the legal position of forged mutations maintaining the transfer of ownership in revenue record is not final proof of ownership. The court gave further observation the entire legal building erected on mutation made through fraud collapses. Inheritance will be distributed only as per Islamic law of inheritance. Every tribal custom is void against Islamic Shariah. No jirga or custom can be above law and Shariah. DNA
