SRINAGAR: The High Court of Jammu Kashmir and Ladakh has made an important decision supporting the inheritance rights of Muslim daughters. The court ruled in favor of the descendants of a woman named Mst Mukhti, ending a 43-year dispute over property.
The case began in 1981 when Mukhti claimed her share of her father Munawar Ganai’s property in Zainakote, Srinagar. In 1996, the Division Bench of the High Court granted her a one-third share. However, Mukhti faced delays in getting her rightful share, and after her death, her children continued the legal fight.
Justice Vinod Chatterji Koul criticized administrative orders that went against the earlier court ruling and denied Mukhti’s heirs their inheritance. He ordered the Revenue Department to enforce the 1996 judgment within three months. If others have taken over the property, Mukhti’s heirs should receive property of equal value.
The court emphasized that Islamic law clearly grants inheritance rights to daughters, as outlined in the Quran. Justice Koul noted that cultural customs often deny women their rightful share, which is both un-Islamic and unconstitutional.
Mukhti’s brother had opposed her right to inherit, but the Division Bench had confirmed her entitlement. Administrative actions delayed the process, forcing Mukhti’s children to seek justice again.
Justice Koul stressed the importance of timely justice and criticized the lack of compliance with previous court rulings. He declared the orders by the Settlement Officer and Commissioner as illegal.
The court observed that while people follow Islamic rituals, they sometimes ignore the Quran’s guidance on inheritance for daughters. Islam gives daughters their rightful share, and this judgment reinforces those rights.
This decision sets a precedent for enforcing women’s inheritance rights under Islamic law, addressing barriers that prevent justice for women. The court’s order to implement the decision within three months aims to ensure compliance and deliver justice to Mukhti’s heirs.
