ISLAMABAD: The Supreme Court has issued a verdict regarding a land dispute involving Mithi Khan’s inherited property. The court condemned tribal customs that deny women their inheritance, stating that such practices are unlawful.
The court remarked that any property obtained through fraud holds no legitimate right. It emphasized that a jirga cannot override the rights of heirs under the Quran and Sunnah. Denying daughters their rightful inheritance is a violation of both Sharia law and legal statutes.
The Supreme Court upheld the decision of the Balochistan High Court, ruling in favor of the original heirs and rejecting the legitimacy of fake transfer documents. The court clarified that the transfer recorded in the revenue record does not constitute conclusive proof of ownership. It further stated that any transfer achieved through fraud collapses the entire legal framework.
According to the verdict, inherited land will be divided strictly according to Islamic inheritance law. Justice Irfan Saeed Khan authored the decision, which emphasized that the rights of women in inheritance are non-negotiable. The court rejected all forged transfer documents presented in the case.
The Supreme Court also declared that any tribal customs conflicting with Islamic Sharia are illegal and invalid. The court dismissed the appeal and ordered the distribution of the estate among the rightful heirs as per Sharia principles.
