Wills and Inheritance Under Islamic Law in Pakistan

Islamic inheritance law (Mirath) governs the distribution of a deceased Muslim's estate in Pakistan. Understanding these rules is crucial for proper estate planning and avoiding family disputes.

Key Principles of Islamic Inheritance:

Automatic Distribution Unlike common law, Islamic inheritance is largely predetermined. Upon death, the estate automatically vests in heirs according to fixed shares specified in the Quran.

The One-Third Rule for Wills A Muslim can only bequeath up to one-third of their estate through a will (Wasiyyat). The remaining two-thirds must be distributed according to Islamic inheritance rules.

No Bequest to Legal Heirs You cannot make a bequest to someone who is already a legal heir unless other heirs consent. This prevents circumventing the predetermined shares.

Categories of Heirs:

Quranic Heirs (Dhul-Furud) Those with fixed shares including daughters (1/2 if alone, 2/3 collectively), widows (1/8 if children exist, 1/4 otherwise), mothers (1/6 if children exist), and fathers (1/6 if children exist).

Residuary Heirs (Asaba) Those who inherit the remainder after Quranic heirs receive their shares, primarily sons who also elevate daughters to residuary status.

Distant Kindred Relatives who inherit only in the absence of Quranic and residuary heirs.

Creating a Valid Will: While the scope is limited, a will remains important for the one-third portion, appointing guardians for minor children, specifying funeral wishes, and distributing specific items to non-heirs.

Succession Certificates: To access bank accounts and transfer property, heirs need a Succession Certificate from civil court or, for immovable property, a Letter of Administration.

I recommend consulting with an Islamic law expert to ensure your estate planning complies with Shariah while achieving your objectives within legal limits.