Pakistan: Whether the children of a Christian convert can be denied inheritance rights by their father's Muslim relatives; whether property and land to be inherited by a male Christian heir revert automatically to Muslim relatives (2014-April 2016)
| Publisher | Canada: Immigration and Refugee Board of Canada |
| Publication Date | 22 April 2016 |
| Citation / Document Symbol | PAK105507.E |
| Related Document(s) | Pakistan : information indiquant si les enfants d'un converti au christianisme peuvent se voir privés de leurs droits successoraux par les membres musulmans de la famille de leur père; information indiquant si la propriété et les terres dont doit hériter un homme converti au christianisme reviennent automatiquement aux membres musulmans de la famille (2014-avril 2016) |
| Cite as | Canada: Immigration and Refugee Board of Canada, Pakistan: Whether the children of a Christian convert can be denied inheritance rights by their father's Muslim relatives; whether property and land to be inherited by a male Christian heir revert automatically to Muslim relatives (2014-April 2016), 22 April 2016, PAK105507.E, available at: https://www.refworld.org/docid/5a840c894.html [accessed 22 May 2023] |
| Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
Research Directorate, Immigration and Refugee Board of Canada, Ottawa
1. Inheritance Rights for Converts and the Children of Converts
In correspondence with the Research Directorate, the South Asia team leader for Christian Solidarity Worldwide (CSW), an organization that works in over 20 countries across the world and advocates for the "right to freedom of religion or belief" (CSW n.d.), indicated that "no child of a person converted from Islam to Christianity can inherit his father's property under any circumstances in Pakistan" and that "the land/property will revert automatically to the Muslim relative" (CSW 14 Apr. 2016). The same source noted, however, that inheritance of the property could be possible if the child had cut off ties with his converted Christian father and was "raised as a Muslim with the father's Muslim family" (CSW 14 Apr. 2016). In correspondence with the Research Directorate, an advocate of the Islamabad High Court indicated that Muslim children of a converted Christian cannot be denied inheritance rights (Advocate 14 Apr. 2016). In correspondence with the Research Directorate, a representative of the Asian Human Rights Commission (AHRC) who specializes in Pakistan forwarded information received from one of his contacts, a Christian activist in Pakistan (AHRC 16 Apr. 2016). According to the source's contact, "a Muslim convert to any religion will lose inheritance rights. But once inheritance is transferred it cannot be changed" (AHRC 16 Apr. 2016).
Both the High Court advocate and a lawyer based in Pakistan indicated that a Christian convert cannot inherit from the estate of his Muslim father (Advocate 14 Apr. 2016; Lawyer 13 Apr. 2016).
2. Legislation
2.1 Inheritance
According to sources, there is no legislation in Pakistan concerning inheritance after a person has converted from Islam to Christianity (CSW 14 Apr. 2016; AHRC 16 Apr. 2016; Advocate 14 Apr. 2016). Sources indicate that the rules governing inheritance for Muslims in Pakistan are taken from Shariat [Sharia, Shariah] law (CSW 14 Apr. 2016; LEAD n.d.a, 75). According to a report published by LEAD Pakistan, an organization with a mission to support "economically sound, environmentally responsible and socially equitable development" (LEAD n.d.b), the practice of inheritance being governed by Sharia law is codified in the Family Laws Ordinance 1961, the West Pakistan Personal Law Application Act (V of 1962) and the Succession Act, 1925 (LEAD n.d.a, 75). However, the same source notes that Pakistani law provides for the distribution of inheritance according to the personal law of each religious community in the country (LEAD n.d.a, 75). The website of AHS - Advocates & Legal Consultants, a Lahore-based law firm, similarly states that the "[l]aw of inheritance in Pakistan is different for Muslims, Hindus, Christians etc. keeping in view their respective religious background" (AHS n.d.). According to the AHRC representative's source, inheritance law comes under personal laws, and each Muslim sect "has a different law according to its own religious school of thought" (AHRC 16 Apr. 2016). The advocate stated that the converted person would be entitled to use "their own personal law" in the case of inheritance (Advocate 14 Apr. 2016). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response. Examples of inheritance cases related to Christian converts could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.
2.2. Apostasy and Blasphemy
Sources indicate that Pakistan proposed a bill outlawing apostasy in 2007, but the bill did not pass (Pakistan Today 17 Sept. 2011; CSW 15 Apr. 2016). However, the South Asia team leader for CSW explained that "[a]postasy is based on customary Sharia principles," and that a Christian convert would be "regarded as a blasphemer and risk being taken to court and charged under the blasphemy laws or even killed (even by one's own family)" (CSW 15 Apr. 2016). A 2014 report about apostasy by the Law Library of the US Congress states that Pakistani converts from Islam "may also be vulnerable to Pakistan's blasphemy law, which prescribes life imprisonment for desecrating or defiling the Quran and the death sentence to anyone for using derogatory remarks towards the Prophet Mohamed" (US May 2014, 12). The South Asia team leader for CSW expressed the opinion that, because of the blasphemy laws, the child of someone who converted to Christianity would "not challenge or claim any right over the property or land under the inheritance laws" (CSW 14 Apr. 2015). According to the same source, someone who converted from Islam to Christianity in Pakistan would not reveal the conversion or change their religion on their identity card to Christian (CSW 15 Apr. 2015). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.
The US Committee on International Religious Freedom's Annual Report 2015 states that, in 2014, five people were sentenced to death and one to life imprisonment under the blasphemy laws; several people accused of blasphemy, including both Christians and Muslims, were also killed by individuals or mobs (US 30 Apr. 2015, 111).
This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.
References
Advocate, High Court of Pakistan. 14 April 2016. Correspondence with the Research Directorate.
AHS - Advocates & Legal Consultants. N.d. "Inheritance & Succession." [Accessed 22 Mar. 2016]
Asian Human Rights Commission (AHRC). 16 April 2016. Correspondence from a representative to the Research Directorate.
Christian Solidarity Worldwide (CSW). 15 April 2016. Correspondence from the South Asia team leader to the Research Directorate.
Christian Solidarity Worldwide (CSW). 14 April 2016. Correspondence from the South Asia team leader to the Research Directorate.
Christian Solidarity Worldwide (CSW). N.d. "About." [Accessed 15 Apr. 2016]
Lawyer, Karachi. 13 April 2016. Correspondence with the Research Directorate.
LEAD Pakistan. N.d.a. Dr. Suleman Qazi. "Inheritance--A Right Denied." Voicing Issues of Victims of Human Rights Violations in Pakistan. [Accessed 15 Apr. 2016]
LEAD Pakistan. N.d.b. "Vision, Mission & Values." [Accessed 15 Apr. 2016]
Pakistan Today. 17 September 2011. Bilal Farooqi. "Being Pakistani and Atheist a Dangerous Combo, but Some Still Ready to Brave it." [Accessed 21 Apr. 2016]
United States (US). 30 April 2015. Committee for International Religious Freedom (USCIRF). "Pakistan." Annual Report 2015. [Accessed 18 Apr. 2016]
United States (US). May 2014. Law Library of Congress. Laws Criminializing Apostasy in Selected Jurisdictions. [Accessed 8 Apr. 2016]
Additional Sources Consulted
Oral sources: AHS – Advocates & Legal Consultants; Pak Institute for Peace Studies; Pakistan – Council of Islamic Ideology; Professor of Law, University of Warwick; Professor, SOAS South Asia Institute, University of London.
Internet sites, including: ecoi.net; Factiva; Human Rights Commission of Pakistan; Pakistan – Council of Islamic Ideology, High Commission of Pakistan in Ottawa; The Tribune Express; United Nations – Refworld; United States – Department of State.
