An Assessment of the Practical Application of Islamic Inheritance Laws in Pakistan

Abstract

This research investigates the practical application of Islamic inheritance laws (Faraid) in Pakistan and examines the discrepancy between divinely revealed injunctions and real-life practice. Although the Qur’an has precisely defined the shares of heirs in Surah al-Nisa (4:11–14) in many Muslim societies including Pakistan, these principles are only partially observed. The study argues that sociocultural traditions, patriarchal attitudes and administrative weaknesses hinder the implementation of inheritance justice envisaged by Shariah. By focusing on the lived experiences of heirs and the observations of legal practitioners, this thesis seeks to identify the specific points at which the divine mandate of Faraid is compromised by customary norms. Adopting a mixed-methods design the research combines qualitative analysis of case studies and expert perspectives with quantitative surveys among ordinary/general Muslim citizens. The final research sample consists of 21 lawyers and 179 general respondents providing a robust dataset of balanced expert and lay perspectives. The methodology involved the administration of structured questionnaires designed to measure levels of legal literacy, the prevalence of customary overrides and the effectiveness of existing statutory safeguards. Furthermore nine distinct case studies from various regions of Pakistan were analyzed to identify recurring judicial patterns and procedural bottlenecks in the inheritance mutation process. A unique qualitative dimension of the data collection involved approaching religious scholars and educators; notably the study encountered a significant trend where several religious authorities declined to comment on implementation, categorizing the practical enforcement of inheritance as a purely administrative or judicial matter rather than a theological one. The findings of this study reveal that while most participants acknowledge the Qur’anic obligation of inheritance as a divine decree (faridah), cultural norms, family pressure and legal complications often delay or deny women’s rightful shares. Empirical data indicates that over 50% of respondents identify family pressure to sign waivers (haq-bakhshwana) and the fear of social stigma as primary reasons why women do not receive their Sharia shares. Additionally the research highlights that administrative hurdles in the revenue department and the slow pace of court proceedings act as significant deterrents for rightful claimants. Lawyers surveyed consistently pointed toward the manipulation of lifetime gifts (hiba) and the lack of official documentation as major sources of inheritance disputes. By situating these observations within Islamic jurisprudence and Pakistan’s statutory framework, the study aims to recommend practical measures to close the gap between belief and practice. The research concludes that the perceived separation between religious theory and legal enforcement even among some religious scholars contributes to the persistence of inheritance deprivation. The implications of this work suggest that religious education must be paired with procedural reforms such as the mandatory verification of free consent in inheritance waivers and the digitization of land records to ensure that the justice and equity intended by the Qur’anic framework are realized in contemporary Pakistani society.