Law:

Section:

(a) Islamic law--- ----Inheritance---Sunni fiqha---Fundamental principles---First principle was that the Qur'anic sharers were to be given their prescribed shares unless a Qur'anic sharer was excluded by another heir according to the rules of Exclusion prescribed in the Qur'an and Sunnah and elaborated upon by Islamic Jurisprudence (Sharia); second principle was that after the Qur'anic sharers had been given their shares the rest of the estate was divided amongst the nearest male agnates of the deceased as residuries---Agnates were the persons related to the deceased through a male link. (b) Islamic law--- ----Inheritance---Sunni fiqha---Principles---Female deceased---Survived by two sisters and a nephew (son of pre-deceased brother)---Distribution of estate---Entitlement of the sisters was subject to exclusion by a son of the deceased---In absence of a son in case of one sister she was entitled to half of the estate and two sisters (as in the present case) were together entitled to 2/3rd share of the estate of the deceased---In the presence of a brother of the deceased, however, the sisters inherited not as Qur'anic sharers but as residuries, which was known as the 'agnatization' of the sisters---In such a situation the brother and the sisters took whatever was left of the estate after the other Qur'anic Sharers had been given their prescribed shares, with each sister taking half the share of the brother---Deceased brother's son (nephew) neither excluded the sisters of the deceased (whereas a son would have done so) nor did he agnatize the sisters of the deceased (as a brother of the deceased would have done)---Consequently, where a female deceased was survived by two sisters and a son of pre-deceased brother (nephew), the sisters would take their Quranic share of 2/3rd of the estate, and deceased brother's son (nephew) would inherit the rest (the remaining 1/3rd) as a residuary in his capacity as the nearest male agnate of the deceased. Al-Quran Surah Al-Nisa, Verse 176 and Succession in the Muslim Family by Professor N.J. Coulson ref. ORDER MIAN SAQIB NISAR, J.- This appeal with leave of the court dated 21-11-2006 entails the fact that one Aimna Bibi died on…

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