IN THE SUPREME COURT OF PAKISTAN
C.P.L.A. No. 181 of 2023
Aziz Ahmad & Others v. Mst. Musarat
Date of Judgment: 09.04.2025
Coram:
- Justice Yahya Afridi, CJ
- Justice Muhammad Shafi Siddiqui
- Justice Shakeel Ahmad
Brief Facts:
- The deceased, Shah Bakht Rawan, died on 03.10.2018.
- Prior to his death, he issued a divorce deed dated 27.08.2018 to his wife, Mst. Musarat (respondent), through postal service.
- Upon his death, his mother and children sought succession under Section 372 of the Succession Act, 1925, excluding Mst. Musarat on the ground of divorce.
- Mst. Musarat contested the petition, claiming inheritance as widow since the deceased died within her iddat period.
- The Civil Judge (Swat) and Appellate Court denied her inheritance.
- High Court (PHC, Mingora Bench) reversed the findings, holding that succession opens at the time of death, and since the iddat period had not lapsed, she remained a legal heir.
Issue:
Whether a woman divorced by Talaq-e-Biddat (triple talaq) is entitled to inherit from her deceased husband if he dies during her iddat period.
Held:
- Islamic law of inheritance and divorce was interpreted in the light of Quranic injunctions and the historical development of Talaq-e-Biddat.
- The Supreme Court upheld the High Court’s decision, reaffirming that:
- Marriage in Islam is a civil contract with spiritual and legal implications.
- Talaq-e-Biddat is not endorsed by the Qur’an or Sunnah and originated as an administrative measure during the Caliphate of Hazrat Umar (RA).
- The iddat period is a crucial component in determining the continuity of marital status.
- A divorce does not sever the marital bond instantly under Islamic jurisprudence.
- Since the deceased died within the iddat period (before 90 days) of pronouncing divorce, the respondent was still legally his wife and therefore entitled to inherit.
Conclusion:
The Supreme Court refused leave to appeal, upholding the High Court judgment. The respondent, being in her iddat period at the time of her husband’s death, retained her status as wife and was entitled to a share in the deceased’s estate.