Law:

Section:

(a) Islamic Law-------Inheritance---Faith of Muslim deceased, whether Sunni or Shia---Presumption---Burden of proof---Every Muslim in Pakistan would be presumed to be Sunni, unless proved otherwise---Burden of proof would lie on person claiming deceased to be Shia by faith---Performance of "Janaza Prayer" not determining factor of one's faith--Determining factors for ascertaining one's faith stated. Pakistan being in abundance of Sunni Muslims, the initial presumption is that every Muslim citizen is a Sunni, unless otherwise proved. The duty is cast upon the person, who claims that a person is Shia, to prove it through cogent and consistent evidence. The majority of Muslims in Pakistan being Sunnis, it cannot therefore, be ascertained that a person belongs to Sunni School of Thought, from the surrounding circumstances i.e. offering of "Janaza Prayer" or funeral ceremonies of deceased by Sunni Aalim or his birth and life style. A person is not required to give his consent as to where he has to take birth and by whom his "Janaza Prayer" is to be performed. Janaza Prayer is thus not a determining factor of one's belief, being an act done after the death of a person and without his permission. The expressions and conduct of deceased is relevant for determination of his faith. Opinion of the parties and the faith of close relatives is not a determining factor. The sect of a person cannot be determined by opinion of the parties, but can be inferred from prevalent circumstances. No hard and fast test can be laid to ascertain one's belief or faith. It cannot be ascertained on the basis of one or more events. The faith of a person has to be determined either by what he professed during his life time or by what he confessed verbally or otherwise in his daily course of life or by conduct that is to say by performance of his religious rites in a particular manner. In the event these elements are silent, faith of deceased can be determined by birth i.e. faith of his parents; by family i.e. faith of his brother, sister or Kiths and kins; by nationality i.e. faith of majority of a country of which he was national. A person knows about his faith more than the others, no matter…

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