Last week, the Lahore High Court reinforced discriminatory practices against religious minorities by upholding two lower court decisions in a contentious inheritance case. This ruling not only perpetuates systemic bias against the Ahmadiyya community in Pakistan but also casts a shadow over the rights of other minority groups, highlighting the deep-rooted challenges faced by non-Muslims under Pakistan’s legal framework.
The Ruling and Its Religious Basis
The case centered around an Ahmadi man’s claim to 83-kanal land in Gojra, Toba Tek Singh district, which he inherited from his Muslim father. Following the landowner’s death, the property was divided among his children, one of whom was an Ahmadi. A grandson of the deceased contested the inheritance, arguing that under Islamic principles, his Ahmadi uncle could not inherit from a Muslim relative.
Justice Chaudhry Muhammad Iqbal of the Lahore High Court cited a saying attributed to Prophet Muhammad, recorded in the collection of hadith “Sahih Muslim”: “A Muslim does not inherit from a disbeliever, and a disbeliever does not inherit from a Muslim.” Based on this religious edict, the court ruled against the Ahmadi man’s claim, reaffirming the lower court’s decisions and cementing a legal precedent that bars non-Muslims from inheriting property from Muslim relatives.
Implications for the Ahmadiyya and Other Minority Communities
The ruling has far-reaching consequences. Since Pakistan’s Constitution and legal framework officially declare Ahmadis as non-Muslims, despite their protests and self-identification as Muslims, they are subjected to the same restrictions as individuals from other minority religions. The decision implies that Christians, Hindus, Sikhs, or any individual who converts from Islam to another faith also face exclusion from inheriting property from Muslim family members.
This interpretation of inheritance law denies individuals their fundamental rights based on religious identity, fueling the institutionalized marginalization of minorities in Pakistan. The judgment reinforces the discriminatory treatment of Ahmadis, a community that has faced decades of legal, social, and economic ostracization.
Contradiction with Principles of Equality
The decision contradicts the principles of equality and non-discrimination enshrined in international human rights frameworks and the Pakistani Constitution itself. Article 25 of the Constitution of Pakistan guarantees the equality of all citizens before the law. Yet, such rulings expose the selective application of these rights, especially when religious interpretations are used to govern personal and property laws.
Critics argue that this judgment sets a dangerous precedent, perpetuating religious segregation within familial and social relationships. Furthermore, it exacerbates the plight of minorities in Pakistan, limiting their economic independence and reinforcing societal biases against them.
A Call for Reform
Pakistan’s legal system is deeply intertwined with Islamic jurisprudence, which, while integral to the nation’s identity, must be balanced with the need for fairness and inclusivity in a pluralistic society. Legal experts and human rights activists stress the need for progressive reform that respects religious sentiments while safeguarding the rights of all citizens, irrespective of their faith.
The Lahore High Court’s decision highlights the urgent need for a critical reassessment of laws that disproportionately disadvantage minorities. Without such efforts, the nation risks deepening divisions and further alienating its marginalized communities, undermining the shared vision of justice and equality for all.
This case is a legal dispute and a reflection of broader societal challenges. It calls upon Pakistan’s policymakers, judiciary, and civil society to address the pressing need for reforms that promote coexistence and uphold the fundamental principles of human dignity and equality.