An Analysis of the Application of Traditional Islamic Law of Inheritance in Pakistani Courts

This paper will showcase some selected cases decided by the superior courts including Supreme Court of Pakistan and different High Courts constituted at various provinces with reference to application of the traditional Islamic law of inheritance in Pakistan. During the course of analysis, the paper will explore how and to what extent the traditional Sunni and Shia laws on inheritance are observed by the courts. There are two distinct trends, which are in reality two sides of the same coin, visible in this regard; firstly, the traditional Sunni and Shia laws are observed to the maximum extent particularly in those areas where there are no enacted law, and secondly, with respect to that issue where the legislature has assumed the authority to modify the traditional law of inheritance, the courts follow the enacted law despite latter’s inconsistency with the former