ISLAMABAD – The Supreme Court of Pakistan has ruled in favour of the legal heirs in a dispute over the inherited land of Mithi Khan, declaring tribal customs that deprive women of their inheritance rights to be illegal and contrary to both Islamic law and the Constitution.
The court observed that no one can claim ownership of property acquired through fraud, adding that a jirga has no authority to deprive any legal heir of their rightful share under the Quran and Sunnah.
Upholding the verdict of the Balochistan High Court, the Supreme Court dismissed the legal status of fraudulent land transfer entries and reaffirmed the rights of the original heirs.
The court further ruled that entries in revenue records do not constitute conclusive proof of ownership, stating that any property transfer based on fraud invalidates the entire legal basis of the claim. It directed that the inherited land be distributed strictly in accordance with Islamic inheritance law.
The verdict, authored by Justice Irfan Saadat Khan, stressed that there can be no compromise on women’s inheritance rights and rejected all fraudulent transfers made in the name of inheritance.
The Supreme Court also declared that any tribal custom violating Islamic Sharia is unlawful and upheld the order directing that the rightful heirs receive their prescribed shares under Islamic law.
