In such eventuality, I am fortified by a
judgment reported in Zafar alias Mumtaz & another vs. Mst. Sajjad
Begum, Widow & others [PLJ 2015 SC (AJ&K) 14] wherein vide its
paragraph No.15, it has been held as under:-
“According to the injunctions of Shariah, i.e. Holy Qur’an
and the Sunnah, the bequest of the deceased will be treated as
property which was in his ownership and not the property of
the others whether it was under his control or possession as
Manager, Trustee, Benami, Ostensible or under some
partnership or contract etc. The Allah almighty has in this
regard clearly warned that no one should usurp the property
of others. We would like to refer here the English translation
of the Qur’anic verses No.29 to 33 of Surah Al Nisa, which
almost deal with the material legal proposition involved in
this case which reads as follows:-
29-30 “O believers, do not devour one another’s
property be unlawful ways; (instead of this) do
business with mutual consent. And do not kill
yourselves; believe it that Allah is Compassionate to
you. We shall throw into the fire the one who commits
such acts of aggression and injustice; and this is very
easy for Allah.
31. If your abstain from the heinous sins which you
are being forbidden, We will remit your trivial
offences and admit you to a place of honour.
32. And do not cover what Allah has given some of
you more than others: the men shall have their due
share according to what they have earned and the
women shall have their share according to what they
have earned. So pay to Allah for his bounty; most
surely Allah has perfect knowledge of everything.
33. We have pointed out rightful heirs to the
inheritance which is left by parents and relatives. As
for those, with whom you have made a pledge, do give
them share: most surely Allah is watching over
everything.”
Part of Judgment
Lahore High court
Civil Revision
4894/20
2020 LHC 263
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