Predeceased Children’s Right to Inherit under Muslim Personal Laws in Pakistan

Abstract

It is argued that Muslim Personal Law does not allow the predeceased children to inherent from their grandparents after their parents have passed away, however, the primary sources of Islamic law are silent on this. This article attempts to understand and explain if the predeceased children have the right to inherent from their grandparents under Muslim Personal Law in Pakistan, and also understand the difference between the Sunni and Shia Islamic schools on this issue. It further explores the legality of section 4 of the Muslim Family Law Ordinance, 1961, in this regard, as well as other related issues such as a childless widow belonging to Shia Islamic school or the right of great-grandchildren to inherent from their great-grandparents after their parents have died.