Return to WorkspaceFaraizi Jurisprudence Audit • Version 1.2
Sharia & Statutory Authorities

Legal & Sharia Jurisprudential Disclaimer

HaqDar operates on immutable Islamic fractional distribution laws and contemporary Pakistani statutory precedents.

1. Primary Quranic Citations (Surah An-Nisa)

Surah An-Nisa (4:11) — Children & Parents

Prescribes the 2:1 male-to-female ratio for residuary children, fixed 1/6 for parents in presence of children, and fixed 1/3 or 1/6 for mothers.

Surah An-Nisa (4:12) — Spousal Entitlements

Prescribes 1/8 for surviving wives/widows with children (1/4 without children), and 1/4 for surviving husbands with children (1/2 without children).

2. Key Supreme Court Precedents Cited

  • PLD 2021 Supreme Court 812 (Invalidation of Fraudulent Gifts):

    The Supreme Court of Pakistan ruled that transfers executed during deathbed illness (*Marz-ul-Maut*) or oral gift deeds depriving female heirs of lawful inheritance are void ab initio.

  • 2019 SCMR 1713 (No Limitation Against Female Co-Heirs):

    Brothers or male colluders cannot claim title via adverse possession; the right of a female heir to claim her inheritance share is imprescriptible and never extinguished by the passage of time.

3. Criminal Sanctions under PPC Section 498A

Section 498A Pakistan Penal Code: "Whoever by deceitful or illegal means deprives any woman from inheriting any movable or immovable property at the time of opening of succession shall be punished with imprisonment for a term which may extend to ten years but shall not be less than five years and with fine of one million rupees or both."

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