Judge References Surah An-Nisa Verse to Rule in Favor of Sister’s Inheritance Rights

The Jammu and Kashmir High Court delivered a historic verdict on Wednesday, resolving a 43-year-old inheritance dispute and emphasizing the clear laws and principles governing inheritance in Islam. The court also reprimanded lower courts for their lack of awareness regarding Muslim personal law.

According to reports from “Kashmir Life” and “Greater Kashmir,” Justice Vinod Chatterjee Kohli ruled in favor of a woman named Mukhti, granting her rights to her father’s inheritance. He stated, “A Muslim woman cannot be deprived of her share in her father’s estate.” Justice Kohli highlighted that Islamic law prioritizes daughters over sons when it comes to inheritance. He affirmed that under Muslim personal law, Mukhti is entitled to a share of her father’s estate, and this decision must be implemented by all lower courts and revenue courts.

Interestingly, Mukhti passed away while fighting a legal battle for her inheritance against her brother, and now her three daughters and five sons are continuing the case. The court expressed frustration over revenue officers’ ignorance of Muslim personal law, noting that they issued orders that implied Mukhti was not the daughter of the late Manwar Ghani, a resident of Srinagar.

The court clarified the principles of inheritance in Islam by referencing verse 11 of Surah An-Nisa, which outlines the shares of children, spouses, and other family members in an estate. The judge pointed out that according to this verse, a son receives double the share of a daughter. The court explained that this disparity exists because men are responsible for the maintenance of their wives, children, and parents.

The court deemed the distribution of inheritance a duty imposed by the Quran, stating, “It is a Quranic obligation to grant sisters their rights. Reading Surah An-Nisa makes it clear that sons are preferred over daughters in inheritance.”

It is noteworthy that this case dates back to 1981 when Mukhti first approached the court after being denied her share of the inheritance. In 1996, a two-member bench of the High Court ordered that Mukhti be granted one-third of the property; however, due to non-implementation, she returned to court, where she ultimately passed away during the legal proceedings. The court has now ordered that the 1996 decision be enforced within three months.