Comprehensiveness of Islamic Inheritance Law: Orphan Grandchild and His Proposed Share in Inheritance – Sharīʿah Review of Section 4 of the Muslim Family Laws Ordinance 1961 Enacted in Punjab

Abstract

Abstract: The Islamic inheritance system provides the most appropriate method for dividing the estate of a deceased. Every aspect of welfare and well-being has already been considered, and the best solution for heirs has been proposed under that law. In matters of succession, Islam also offers a solution that is acceptable and reasonable for every orphaned grandchild. In the context of the comprehensiveness of the second Ruku of Surah An-Nisā and the final verse of Al-Mā'idah, a resolution is proposed to eliminate the deprivation of orphan-grandchildren. Therefore, this law serves as a guiding light for families in Punjab in particular, and humanity in general. However, falsehood has always conspired against the truth. In a futile attempt to suppress it, Punjab has adopted a law concerning succession that appears to contradict the Qur'an and Sunnah. Furthermore, it complicates adherence to the teachings of the Holy Qur'an. There may be a more appropriate solution to address the deprivation of orphans than assigning inheritance from the grandfather, as this might diminish the rights of other heirs and result in injustice. The following is a critical review of the relevant provision, i.e., section 4 of the Muslim Family Laws Ordinance 1961 concerning succession, along with suggestions on how the law could be aligned with Shariah and the role the state should play in this context.