Abstract
Issues of inheritance have been thoroughly maintained in the Holy Quran
and Sunnah.As per these injunctions, the principle of AL’Aqrab fal’aqrab
“the closest in kin” is to be observed. According to these principles,
grandchildren, even though orphaned, have no right to inherit grandfather
in the presence of direct children. On the other hand, section 4 of Muslim
Family Laws, 1961 grants a share to orphaned grandchildren from the
inheritance of his grandfather. Whereas, as per the constitution, no law can
be enacted which is repugnant to the injunctions of the Holy Quran and
Sunnah, now, whether the above mentioned section is in conformity with
the injunctions of the Holy Quran and Sunnah or not is to be treated
properly. If not, so from which perspective, it is repugnant to the Islamic
Injunctions? These questions have been analysed critically in this paper
and finally it has been concluded that section 4 of Muslim Family Laws
Ordinance, 1961 contrasts with the injunctions as laid down in the Holy
Quran and Sunnah.
Dr.Inam Ullah. (2019) Muslim Family Law ordinance section 4,inheritance of grandson in the light of Islamic teachings, Islamabad Islamicus, Volume-01, Issue-1.
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