SRINAGAR: In a significant judgement reinforcing the inheritance rights of Muslim daughters, the High Court of Jammu Kashmir and Ladakh has ruled in favour of a woman’s descendants in a protracted 43-year dispute over property. Justice Vinod Chatterji Koul delivered the decision, which upheld the principles of Muslim Personal Law and quashed earlier administrative orders that had denied the rightful share of property to Mst Mukhti, a Muslim woman.
The case began in 1981 when Mukhti filed a suit to claim her inheritance in her father Munawar Ganai’s property, located in Zainakote, Srinagar. Although the Division Bench of the High Court ruled in her favour in 1996, granting her a one-third share, Mukhti faced significant delays in implementing the decision. After her death, her children continued the legal battle to secure the property, encountering resistance and procedural roadblocks. The Settlement Officer and Settlement Commissioner passed orders that contradicted the earlier Division Bench judgement, effectively denying Mukhti’s heirs their lawful inheritance.
In his judgement, Justice Koul strongly criticised these administrative orders, noting that they were contrary to the binding precedent set by the Division Bench and the principles of Muslim Personal Law. The court directed the Revenue Department to implement the 1996 judgement in its entirety within three months. The ruling also stated that if third-party interests had been created in the property, Mukhti’s heirs must be compensated with alternative property of equivalent value.
The court underscored the unequivocal inheritance rights granted to daughters under Islamic law, referencing Surah An-Nisa from the Quran, which outlines the distribution of property among inheritors. Justice Koul pointed out that while the Quran mandates clear guidelines for inheritance, societal customs and biases often deny women their rightful share. He called such practices not only un-Islamic but also unconstitutional, urging adherence to both religious principles and legal frameworks.
Mukhti’s claim originally faced resistance from her brother, who contested her right to inherit. The Division Bench had unequivocally recognised her entitlement to a one-third share of the property. However, administrative actions at the Revenue Department delayed the implementation, forcing Mukhti’s children to approach the court once again to enforce their late mother’s rights.
Justice Koul also highlighted the responsibility of judicial and administrative bodies to ensure timely justice, criticising the lack of compliance with earlier court rulings. The court declared that orders passed by the Settlement Officer and Settlement Commissioner, which ignored the Division Bench judgement, were illegal and void.
“The parties hereunto this controversy are Muslims. They are practising in daily and routine life all rituals of Islam strictly in accordance with Quranic injunctions and Ahadith, which include ablution for performing daily prayers; celebrations of Eids; performing Hajj and sacrifice of lamb/camel; paying Zakah; burying of dead body in strict accordance with Islam,” the court observed. “All these acts and activities are being performed by parties strictly in conformity with Quranic commandments and Shariat, but it has been seen when it comes to giving share to daughter/sister, certain individuals come up with a pretext of Custom. Such a practice is even deprecated by Islam. It is worthwhile to mention here that Surah An-Nisa, Verse 11, of Holy Quran, stipulates inheritance laws, specifically the distribution of inheritance amongst inheritors. It provides guidelines on how the estate of a deceased person should be divided, taking into account the shares for children, spouse, and other family members. In this verse, it is ordained that the portion of the son will be two times that of the daughter. During the time of ignorance, the people were only giving from inheritance to their sons and daughters were being deprived of their portions completely, but in Islam such discrimination has been removed and daughters have been given their right of inheritance. The son is given two times the amount of the daughter because he (son) is required to spend from his wealth to maintain the household and fulfil the needs of his wife and children and other family members, including parents.”
This judgement sets an important precedent for the enforcement of women’s inheritance rights under Islamic law. By addressing the cultural and procedural barriers that often hinder justice for women, the judgement reaffirms the legal and religious principles that protect these rights. The court’s directive to implement the order within three months is seen as a strong move to ensure compliance and deliver long-awaited justice to Mukhti’s heirs.
