Lahore High Court (LHC) decreed not to transfer a Muslim property to a non-muslim relative.

Justice Chaudhry Muhammad Iqbal upheld the decision of the two lower courts upon the dispute of a land of Muslim honor to a non-muslim relative. In Gojra, the district of Toba Tek Singh, the case emerged. The dispute was over the 83 kanals of land. The land honor who was a Muslim by faith died and left his property to be distributed among his kith and kins.

After his demise, his property was distributed among his 3 sons and 2 daughters. It was reflected that all of them are Muslims, as per their father. That is why the mutation happened smoothly.

Later on, the grandson of the deceased informed the court that one of his uncles was not Muslim. He is an Ahmadi by faith. So, how could he be a part of this distribution? He claimed that per Islamic Sharia, a non-Muslim could not have any part in the inherited property of their deceased Muslim father.

The lower courts listened to the arguments and declared their full support with the grandson whose stance upon mutation is true as per Islamic law. That is why the lower court decided to cancel the inherent rights of his Uncle, who is Ahmadi, by faith. Moreover, during a court hearing, the Uncle’s relative also accepted that he was undoubtedly an Ahmadi.

Justice Iqbal has made it clear to the public that Islamic laws do not allow non-muslims to be part of the inheritance of the Muslim. He, however, provided the Hazrat Muhammad (S.A.W) saying to support the verdict. He said that the Holy Prophet (P.B.U.H) said that a Muslim does not inherit from non-Muslims, nor does non-Muslims inherit from Muslims.

The Judge mentioned that Shaira has a firm law regarding the transfer of property. He codified this law under the Muslim Shariat Application Act of 1937. He informed that Muslim Sharia Law is in accordance with the Quran and Sunnah. That is why it should be followed without any leniency.

Justice Iqbal emphasized that this legal framework applies retrospectively to all inheritance cases. He added that during British rule in India, there were different communities. However, the rulers sustained the community’s personal laws and gave respect to them. Being a Muslim, such laws are meant for us. That is why we should respect each one of them.

In this case, the justice clearly stated that Uncle, being an Ahmadi, did not disclose his faith while transferring the property. That is why it is clear that he is guilty. Moreover, the Judge stated that admitted facts do not need any proof. He sustained the lower court’s order.

The LHC dismissed the petition filed by the Uncle and reaffirmed the earlier rulings. Justice Iqbal concluded that the Uncle has not any proof to prove his innocence. That is why his petition was declined.

The LHC decision sets a precedent for any such cases in the future. The orders also emphasized the need for transparency and honesty in legal proceedings and affirmed the application of Islamic law in determining property rights.