وراثت کی غیر منصفانہ تقسیم کے پاکستان کے خاندانی نظام پر اثرات : ایک تحقیقی جائزہ

The Impacts of Unjust Distribution of Inheritance on Pakistan's Family System: A Research Review

Abstract

The concept of property is universal and essential for the survival, development, and protection of human life. It is also significant in relation to human psychology and social interconnectedness. As ownership of property is transferred from one generation to another, inheritance laws vary across societies according to their social and cultural diversity. Islamic law of inheritance, however, is based on explicit divine texts, and its philosophy as well as its practical application are derived from these texts.

A clear injunction regarding inheritance is found in Verse 11 of Surah An-Nisa, in which Allah Almighty Himself prescribes the shares of inheritance. Severe warnings have been issued against neglecting or violating these divine commands. The principles of inheritance have a direct impact on justice within the family system and help preserve the fundamental principle of the family, namely, mutual cooperation and coexistence. Conversely, the unjust distribution or denial of inheritance may lead to economic, social, and psychological problems, resulting in family disintegration and negatively affecting the structure of society. This study reviews these issues and their implications.