The Lahore High Court (LHC) recently ruled that non-Muslims are not entitled to inherit property from their Muslim relatives, either as successors or predecessors. This ruling came in response to a petition filed by Tariq Mehmood, the son of Ghulam Qadir, who had converted to the Qadiani faith.

The case involved the estate of Natho, a Muslim man who owned 83 Kanal of land in Gojra. After his death, his property was inherited by his sons Ali Muhammad, Abdul Rehman, Ghulam Qadir, and daughters Mst. Fatima and Mst. Noor Bibi. However, Fateh Muhammad and other Muslim relatives of Natho contested the inheritance share of Ghulam Qadir, arguing that since he had converted to Qadianism, he should not be entitled to inherit from his Muslim father’s estate.

During cross-examination, Ghulam Qadir’s son, Tariq Mehmood, admitted that his father had become a Qadiani and was buried in Chanab Nagar.

The lower courts ruled in favor of the respondents, declaring that Ghulam Qadir, as a Qadiani, could not inherit the Muslim estate. Tariq Mehmood appealed to the Lahore High Court, which upheld the lower courts’ decision.

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The LHC cited the Shariat Application Acts of 1937 and 1948, which applied Muslim Personal Laws (based on the Quran and Sunnah) to Muslims, affirming that only Muslims are entitled to inherit under these laws. The court also noted that the 1973 Constitution’s Article 260(3), which declared Qadianis non-Muslims, affirmed this legal position.

In dismissing the petition, the court emphasized that there were no legal errors in the lower courts’ findings and that the inheritance decision was in line with established Islamic law. The ruling concluded that the lower courts’ decisions were lawful and did not warrant any interference.