MFLO section 4

Succession.

[(1)] In the event of the death of any son or daughter of the propositus before the opening of succession, the children of such son or daughter, if any, living at the time the succession opens, shall per stripes receive a share equivalent to the share which such son or daughter, as the case may be, would have received if alive.

[(2) If a Muslim male from Ahl-e-Teshih dies, the share of a widow in the immovable property left behind by her deceased husband shall be as follows:―

(a) one-fourth share of the fixed price or value of the property, if there is no child left behind the deceased husband; and

(b) one-eighth share, if there is child left behind.

(3) If there are two or more widows, the share, as mentioned in sub-section (2), shall be divided equally among them.

(4) The price or value of the property shall be the price or value existing at the time of payment and not the price or value which existed at the time of death of the husband: Provided that if the legal heirs of the deceased do not give the widow her share in the above terms, she shall become entitled to her due share in the corpus of immovable property.

(5) A widow is entitled to her share in the corpus of movable property of her deceased husband provided that the provisions of sub-sections (2) and (3) shall mutatis mutandis apply.

(6) Fiqah-e-Jafri recognizes right of a husband to get his share from the property left by his deceased wife, either movable or immovable, as follows:

• (a) one-half share, if there is no child left behind; and
• (b) one-fourth share of the property, if there is child left behind.

(7) In case of dispute, the parties or any of the parties may have recourse to a court of competent jurisdiction or by approaching the Mujtahid-e-Alam from the panel maintained by the Council of Islamic Ideology. The decision of Mujtahid-e-Alam shall have a status of an award and the same shall be dealt with in accordance with the provisions of the Arbitration Act, 1940 (X of 1940).

Explanation.

The expression “Mujtahid-e-Alam (Faqih-e-Azam)” means a juris-consult, religious scholar or doctor of Shia school of thought well versed with Shariah having international repute and of such recognition. The Council of Islamic Ideology shall maintain a panel of Mujtahide-Alam having aforesaid qualifications.

(8) As enshrined in Article 227 of the Constitution of the Islamic Republic of Pakistan, the inheritance rights of Ahl-e-Tashih and matters connected therewith or ancillary thereto shall be decided according to their personal law interpreted by Fiqah-e-Jafria (Shia school of thought).]