Is Anger haraam on muslims..

Is Anger Haraam on Muslims

As Salaam Aleikum wa Rahmatullahi wa Barakatuh. (May Allah's Peace, Mercy and Blessings be upon all of you)

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Assalam-o-Aliequm
I heard many people says that ANGER is haram on muslims, kindly confirm is there any type of anger which is haram on muslims ? Thank you very much.Your Brother in Islam.

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Answer:

Is Anger haraam on muslims

In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and whoever He allows to fall astray, none can guide them aright. We bear witness that there is no one (no idol, no person,  no grave, no prophet,  no imam, no dai,  nobody!) worthy of worship but Allah Alone, and we bear witness that Muhammad(saws) is His slave-servant and the seal of His Messengers.

Anger, grief, joy, etc. are natural emotions of a human beings, and thus are not in any way declared forbidden by Allah and His Messenger (saws), nor is one accountable for having or experiencing these natural emotions from the heart.

What one will be accountable for in the Court of Allah, is what he displays or acts or utters when encountered with these natural emotions.  Thus, in essence, one is not accountable in the Court of Allah for what one feels in his heart when faced with these natural emotions of grief or anger etc., but rather one is accountable only for what one does with his hands and what one says with his tongue.

Sahih Al-Bukhari Hadith 2.390         Narrated by Anas bin Malik

We went with Allah's Messenger (saws) to the blacksmith Abu Saif, and he was the husband of the wet-nurse of Ibrahim (the son of the Prophet). Allah's Messenger (saws) took Ibrahim and kissed him and smelled him and later we entered Abu Saif's house and at that time Ibrahim was in his last breaths, and the eyes of Allah's Messenger (saws) started shedding tears. 'Abdur Rahman bin 'Auf said, "O Allah's Messenger (saws), even you are weeping!"  He (saws) said, "O Ibn 'Auf, this is mercy." Then he (saws) wept more and said, "The eyes are shedding tears and the heart is grieved, and we will not say except what pleases our Lord, O Ibrahim! Indeed we are grieved by your separation."

 Fiqh-us-Sunnah Fiqh 4.21 (part)

It is reported in a sound hadith that the Prophet (saws) said: "Allah does not punish a person for shedding tears or feeling pain in his heart.  But He does punish, though he may show mercy, because of (what he utters with) this," and then he pointed to his tongue.

There are many traditions in the authentic Sunnah where it is narrated that even the Messenger of Allah (saws) displayed this natural emotion of anger:

Al-Tirmidhi Hadith 3292        Narrated by Mahmud ibn Labid

When Allah's Messenger (saws) was informed about a man who had divorced his wife, declaring it three times without any interval between them, he (saws) arose in anger and said, "Is sport (mockery) being made of the Book of Allah Who is Great and Glorious, while I am amongst you?" 

Sahih Al-Bukhari Hadith 7.279         Narrated by Ali

The Prophet (saws) gave me a silk suit and I wore it, but when I noticed anger on his (saws) face, I cut it and distributed it among my women-folk.

Sahih Al-Bukhari Hadith 8.130         Narrated by Aisha

The Prophet (saws) entered upon me while there was a curtain having pictures (of animals) in the house. His (saws) face got red with anger, and then he got hold of the curtain and tore it into pieces. The Prophet said, "Such people as paint these pictures will receive the severest punishment on the Day of Resurrection."

Al-Muwatta Hadith 58.14

Yahya related to me from Malik from Abdullah ibn Abi Bakr from his father that the Messenger of Allah (saws) gave a man from the Banu Abd al-Ashal charge over some sadaqa.  When he came to ask him for some camels from the sadaqa, the Messenger of Allah (saws) was so angry that the anger showed in his face.  One way in which anger could be recognized in his face was that his eyes became red.  Then he (saws) said, "This man has asked me for what is not good for me or him. If I refuse it, I hate to refuse. If I give it to him, I will give him what is not good for me or him." The man said, "Messenger of Allah (saws)! I will never ask you for any of it!"

The following is the guidance given by the Messenger of Allah (saws) on how to confront the natural emotion of anger:

Al-Tirmidhi Hadith 5145 (part)         Narrated byAbu Sa'id al-Khudri

Allah's Messenger (saws) stood up among us to deliver an address after the afternoon prayer, and he did not leave out anything that would happen up to the Day of Resurrection without mentioning it. In the course of his address he mentioned anger, saying, "Some are swift to anger and swift to cool down, the one characteristic making up for the other; some are slow to anger and slow to cool down, the one characteristic making up for the other; but the best of you are those who are slow to anger and swift to cool down, and the  worst of you are those who are swift to anger and slow to cool down." He continued, "Beware of anger, for it is a live coal on the heart of the descendant of Adam. Do you not notice the swelling of the veins of his neck and the redness of his eyes? So when anyone experiences anything of that nature he should lie down and cleave to the earth."

Al-Tirmidhi Hadith 5116        Narrated by Abdullah ibn Umar 

Allah's Messenger (saws) said, "No one has swallowed back anything more excellent in the sight of Allah, Who is Great and Glorious, than anger he restrains, seeking to please Allah The Most High."

Al-Tirmidhi Hadith 5114        Narrated by Abu Dharr

Allah's Messenger (saws) said, "When one of you becomes angry while standing he should sit down. If the anger leaves him, well and good; otherwise he should lie down."

Al-Muwatta Hadith 47.12

Yahya related to me from Malik from Ibn Shihab from Said ibn al-Musayyab from Abu Hurayra that the Messenger of Allah (saws) said, "A strong person is not the person who throws his adversaries to the ground.  A strong person is the person who contains himself when he is angry."

Your Question: kindly confirm is there any type of anger which is haram on muslims?Thus in conclusion, my beloved brother in Islam, the Truth is that anger in itself is neither haraam nor halaal, but rather what one does and says during this state of natural emotion will determine whether his deed or statement is permissible or forbidden.

Whatever written of Truth and benefit is only due to Allah’s Assistance and Guidance, and whatever of error is of me.  Allah Alone Knows Best and He is the Only Source of Strength.

Your Brother in Islam,

Story About Mother,S Love

No one knows how much a mother loves her children. There’s no measuring instrument that can measure it. For as long as she’s breathing, there exist the words ‘immesurable and unconditional love’.

For an ordinary child, life is about playing, running around with some friends and enjoying life’s greatest gifts and treasures. But for a nine-year-old Riza Astute who’s suffering under the curse of heart deficiency and having a weak lungs, life is an endless struggle in finding the cure for her sickness. Beside her is a loving mother, who never fails to encourage her in fighting her sickness, cries with her, and most importantly, her mother that never left her when she needed her the most.

Mom, I wanna give up. Let’s give this fight up,” she said, crying. They had been in the hospital for almost three months already, waiting for the cure.

No Baby, the doctor said there’s still a cure,” her mother cried while giving her a tight hug. A hug that assured her about not giving up. An assurance of the cure that had long been waited.

There’s no cure Mom, why can’t we just accept it?” sadness colored the tone of her  trembling voice, her mother never loosen the tightness of the hug.

The doctor said that the heart transplant will going to work. Just… don’t give up. Please Baby, for me,” her mother pleaded, sobbing. She saw the naked panic in her eyes.

But there’s no heart donor,” her voice grown higher, trying to be more reasonable as she could be.

Yes there is,” she fell silent, replaying her mother’s words in her mind. “The doctor said she’s right in the operating room now, so they’re going to send you to the O.R,” she continued.

Like who the hell would going to give her own life for a worthless dying child. For Pete’s sake Mom,” she said, tears welled up, she reached up to wipe them away before they could spill over.

I don’t know. Let’s be thankful that there’s a donor. I’m going to thank her with all my life, and I’m going to spend all our money to win you back.” She kissed her daughter’s forehead.

Before she could respond her thank you words, three nurse got in the room and took her to the operating room.

They had injected her loads of anaesthetic medicines which made her close her watery eyes and fell into silent, dreamy sleep.

The operation took a little over five hours longer than it should be and was successful. Thanks be to her heart donor and of course, to God.

It took three days before she finally woke up. She saw her family looking at her anxiously, wide eyed. She searched for her mother but couldn’t find her.

Where’s Mom?” she asked when finally, she’d regained her strength and consciousness.

At the house, taking a sleep,” her brother was the one to answer the question.

I wanna see Mom.” Her voice was rather a command than a request.

Sure you can?

Yeah! Perfectly sure. I wanna get out of this white place.

Well then,I’m going to pay for the bills,” replied her father.

When she got home – excited by the thought of coming home again and seeing her mother – she was shocked to see too many people – most of them were their neighbors – crowding their place. She felt a sudden surge of panic flooding through her, her pulse was thudding in her ears. She put one arm over her heart. It drummed hyperactively over her palm.

She wheeled her wheelchair, entering the front door. She saw her grandparents crying, mourning over a dead body lying inside the coffin. She went directly into it and cried as she saw the face of her lifeless mother under the glass of the coffin, sleeping peacefully,smiling to her.

She died really happy…” she flinched when she saw her father on her side, she felt the need of hugging him, “… she died really happy giving you her heart.” That stung her. She shouted NO, but the words slithered out of her mouth in a silent – almost unheard – whisper. She fell on her wobbling knees and leaned her head closer to her mother’s as another wave of ache and sadness washed over her.

Define School of Islam?

Introduction:-
Schools of Islamic thought (madhahib) are the paths people follow to the Noble Quran and Prophet Muhammad. Obviously, these schools of thought were founded considerably after the death of the Prophet; in fact, they never took shape until the time of the Umayyid Caliphate. The common phrase ahl al-sunnah wal-jama΄ah, for example, became prevalent during the third century of the Hijrah. By the year 250H, the four Sunni schools of thought were being popularized and patronized during the Abbasid Caliphate. The Shi'a school of thought on the other hand, continued its growth and progress after Imam Ali through his descendants who were connected to each other through a chain of narration and knowledge. Prophet Muhammad and the designated imams in the Shi'a school of thought were shielded by Allah from any sin, religious error, or forgetfulness.
Kinds of Schools of Islamic Thought:-

1. Ja'fari
2. Hanafi
3. Maliki
4. Shafi΄i
5. Hanbali 

Quatity of Muslims Following Different Schools:-

Today, the five schools of Islamic thought accepted by all Muslims are the Ja'fari, comprising 23% of the Muslims; the Hanafi, comprising 31% of the Muslims; the Maliki, comprising 25% of the Muslims; the Shafi΄i, comprising 16% of the Muslims; and the Hanbali, comprising 4% of the Muslims. The remaining small percentage follow other minority schools, such as the Zaydi and the Isma΄ili.

Explanations:-

Ja‘fari

The Ja'fari school of thought was headed by Imam Ja'far ibn Muhammad al-Sadiq who lived from 83H to 148H. He was born in and died in the holy city of Madina, and he is the sixth Imam of the twelve designated imams of the school of Ahlul Bayt. Although the fiqh (Islamic Jurisprudence) was developed by the Prophet Muhammad and his successors (i.e., the imams), the fiqh, as taught by the Shi'a, did not have the opportunity to be presented to the masses of people because of the political predicament that the Ahlul Bayt suffered under the rulers for many centuries. The imams refused to acknowledge the legitimacy of the Umayyad and Abbasid caliphs, and their governments; and thus they and their followers were exposed to tremendous harassment and persecution at the hands of the unjust caliphs. Once the Umayyad government became weak, Imam Ja'far ibn Muhammad al-Sadiq found a golden opportunity to formulate and spread the tradition of the Prophet Muhammad and his family. At one time, four thousand scholars, commentators of the Quran, historians, and philosophers attended his classes in the holy city of Madina. Therefore, he was able to pass down the authentic teachings of the Noble Quran and the Prophet Muhammad and crystallize them in what came to be known as al-Fiqh al-Ja'fari, the Ja'fari Jurisprudence. His teachings were collected in 400 usul (foundations) which were written by his students and encompass hadith, Islamic philosophy, theology, commentary of the Quran, literature, and ethics.

After a period of time, three distinguished scholars categorized these 400 usul in four books which are the main sources of hadith for the Shi'a school of thought. They are: Usul al-Kafi by al-Kulayni (d.329H), Man La Yahduruh al-Faqih by al-Saduq (d.381H), and al-Tahdib and al-Istibsar by al-Tusi (d.460H). These three scholars were known as the “three Muhammads” since their first names were all Muhammad. While these four books are the main sources of hadith for the Shi'a, their authors still did not label their books as ”sahih” (authentic). Although they did their best to gather only authentic traditions, but if a particular tradition contradicted the Noble Quran then it was not accepted as legal and valid. Hadith, according to the Ja'fari school of thought, are accepted only if the Noble Quran verifies them, since the Noble Quran is the only undoubtable source of guidance.

Hanafi

The Hanafi school of thought was headed by Imam al-Nu΄man ibn Thabit (Abu Hanifa) who lived from 80H to 150H. Imam Abu Hanifa was born to a non-Arab father, was raised in Kufa, and died in Baghdad. This school of thought prevailed during the time of the Abbasid Empire when a student of Imam Abu Hanifa, Abu Yusuf al-Qadi became the head of the judiciary department and the highest judge, and thus he spread this madhhab (school of thought), in particular, during the caliphates of al-Mahdi, al-Hadi, and al-Rashid. No other man was as close to the Abbasid caliph, Harun al-Rashid as was Abu Yusuf al-Qadi, but the Abbasid caliph, al-Mansur also worked hard to support and consolidate Imam Abu Hanifa's school of thought and to spread his madhhab in the face of the growing popularity of Imam Ja'far al-Sadiq. Imam Abu Hanifa studied under the instruction of Imam Ja'far al-Sadiq for two years, and said in regards to him, “I have not seen anyone more knowledgeable than Ja'far ibn Muhammad, and indeed, he is the most knowledgeable one in the nation.”

Maliki

The Maliki school of thought was headed by Imam Malik ibn Anas al-Asbahi who lived from 93H to 179H. He was born in the holy city of Madina, and his fame spread throughout Hijaz. On the account of his disagreement with Imam Abu Hanifa, Imam Malik became the leader of the school of tradition (hadith), while Imam Abu Hanifa was the leader of the school of opinion (ra΄i). Yet, most Muslim governments were supportive of Imam Abu Hanifa.

Imam Malik joined the 'Alawiyiin, the descendants of Imam Ali, and received his knowledge from Imam Ja'far al-Sadiq, but thereafter, inconsistencies marked his life. At one point he was oppressed and having earned the anger of the government, he was dragged through the streets by his clothes and lashed. In 148H, his fortunes reversed and he regained his popularity and dominance. The Abbasids tried to set him up as a popular reference for the nation in giving verdicts and injunctions. The Abbasid caliph al-Mansur asked him to write al-Muwatta', his book of fiqh, which contains the principles of the Maliki school of thought. Furthermore, during the hajj season, the official announcer of the government proclaimed that no one had the authority to give fatawas (religious decisions) except for Imam Malik. The Abbasid caliph Harun al-Rashid sat on the floor to listen to him, and the caliphate in general exalted him to the point where they said that no book on earth, except the Noble Quran, was more authentic than that of Imam Malik's. Ibn Hazm al-Andalusi says that two schools of thought were spread due to the government and the sultan: the school of Imam Abu Hanifa, since Abu Yusuf al-Qadi only appointed Hanafi judges; and the school of Imam Malik ibn Anas, for a student of Imam Malik, Yahya ibn Yahya was so respected in the caliph's palace that no judge was ever appointed in Andalus, Spain without his consultation and advice.

Shafi΄i

The Shafi΄i school of thought was headed by Imam Muhammad ibn Idris al-Shafi΄i who lived from 150H to 198H. Imam Shafi΄i was born in Hijaz and his school of thought emerged in Egypt. At the time of the Fatimid Dynasty, the Egyptians were mainly followers of Ahlul Bayt, and the teachings of Ahlul Bayt were being taught in al-Azhar University. At a later time, Salah al-Din al-Ayyubi came and waged an extensive war against the school of Ahlul Bayt by banning the teaching of their madhhab (school of thought) in al-Azhar and resurrecting the other madhahib, including that of Imam Shafi΄i, who was killed in Egypt in 198H.

Hanbali

The Hanbali school of thought was headed by Imam Ahmad ibn Hanbal who lived from 164H to 241H. He was born and died in Baghdad. He only gained popularity in Najd (a region of the Arabian Peninsula) due to the ideas of Muhammad ibn 'Abd al-Wahhab, the founder of Wahabism. The Hanbali madhhab spread in Najd primarily due to the teachings of Ahmad ibn 'Abd al-Halim al-Dimishqi ibn Taymiyyah (661H-728H) and his student ibn al-Qayyim al-Jawziyya.

A close study of the history of the madhahibs and a search into the reasons for their birth, existence, and spread, reveals that the various governments were the main factor in the birth and spread of these schools. Governmental aid took physical and financial forms by establishing schools, sponsoring books of fiqh (law), adopting and sponsoring official madhahib, and giving freedom to the founders and scholars of some of the “official” madhahib. This trend has occurred in almost every religion worldwide; for example, one might compare this trend in Islam to the birth of the Anglican Church in 1534AD by the English king, Henry VIII who made it the official religious tradition of the state, thus giving it 55 million followers.

History tells that the school of Ahlul Bayt suffered extreme oppression, tyranny, and discrimination at the hands of the Umayyad and 'Abbasid caliphs. But in spite of oppression, by the divine will of Allah, the school of the Ahlul Bayt reached a climax during the caliphate of al-Ma'mun, and Shi'ism reached so far into the governmental dignitaries that al-Ma'mun himself was forced to show deep sympathy towards the 'Alawiyiin, the descendants of Imam Ali, and to show an inclination towards Shi'ism, to the point that he invited Imam Ali ibn Musa al-Rida, the eighth Imam of the Ahlul Bayt to be his successor—a position which Imam al-Rida declined.

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SECTION 4 OF THE MUSLIM FAMILY LAWS ORDINANCE: THREE ALTERNATIVE INTERPRETATIONS

 

Section 4 of the Muslim Family Laws Ordinance, 1961, dramatically altered the traditional succession law of both the Sunni and Shia Branches of Islamic jurisprudence in circumstances where the propositus leaves among his surviving relatives an 'orphaned grandchild', i.e. a grandchild whose parental link with the propositus predeceased the propositus. This section reads: -‑

* Center for Asian Studies, University of Texas, Austin, Texas, U.S.A.

            In the event of the death of any son or daughter of the propositus before the   opening of succession, the children of such son or daughter, if any, living at the             time     the succession opens, shall per stirpes receive a share equivalent to the      share which such son or daughter, a, the case may be, would have received if       alive.

Although the wording of section 4 would appear to be clear and unambiguous three High Courts have interpreted this section in three different ways:

(1) Peshawar: Mst. Zarina Jan v. Mst. Akbar Jan [1]

Shah Zaman                                                                         |                         ________________________|________________________                                               |                                                                                               |                         |                                                                                               |                  daughter                                                                                      son                                                                                       (predeceased)                                                                                                                         |                                                                                                                   daughter

This case concerned succession to the estate of one Shah Zaman, who left him surviving a daughter and the daughter of a predeceased son. It was agreed that the first step in the distribution of the estate was to allot two-thirds as the notional share of the predeceased son, and one-third to the daughter. The daughter, however, contended that the two-thirds share notionally allocated to the predeceased son should then be distributed as if it were his estate and he had died leaving a daughter and an agnatic sister. According to such a calculation, the daughter of Shah Zaman would have taken her one-third share in her father's estate, plus one-half of the two-thirds share which had been notionally allocated to her predeceased brother; the orphaned grand-daughter of Shah Zaman would have taken one-half of the two-thirds share notionally allocated to her predeceased father.

The lower appellate Court accepted the argument of Shah Zaman's daughter and, on the basis of the calculations outlined above, awarded her two-thirds of her father's estate (one-third as heir to her father and one-third as heir to her predeceased brother).

The Peshawar High Court accepted the granddaughter's appeal, holding that the Ordinance, in terms, conferred upon the orphaned grandchild a share 'equivalent' to that of the deceased parent.

            Under the Ordinance Mst. Zarina daughter of [predeceased] Mir Afzal is     entitled to inherit the same share to which her father Mir Afzal was entitled in the      inheritance of his father Shah Zaman. The reason is that the Ordinance by       adopting the principle of per stripes distribution of the inheritance meant to keep            intact the share of predeceased son or daughter to be inherited by his son or    daughter, i.e. according to it, the heirs of the predeceased issue will inherit from         propositus what their predecessor-in-interest would have inherited. [2]

            (2) Lahore: Kamal Khan v. Mst. Zainab [3]

__________________________________________                         |                                                                                   |                   Brother                                                                 Sufaid Khan           (predeceased)                                                        |                         |                                                                                   |                                                         son                                                                              son                                                                              (predeceased)                                                                                       |                                                                                       |                                                                    Daughter

The controversy here concerned succession to the estate of Sufaid Khan; the contenders were the daughter of his predeceased son, and the son of his predeceased brother. Both lower Courts awarded the whole estate of Sufaid Khan to his agnatic grand-daughter.

The Lahore High Court, however, allowed the nephew's appeal, dissenting from the view of the Peshawar High Court in Mst. Zarina Jan, [4] and accepting an argument analogous to that urged on behalf of the daughter in that case.

According to the Lahore High Court, although the predeceased child of the propositus is deemed to be alive for the purpose of the initial calculation in the distribution of his parent's estate, the share allotted to the predeceased child in this notional distribution is then in turn distributed among all his heirs as if he had died immediately after his parent. Thus, in the circumstances of the case before it, the Lahore Court concluded that the predeceased son would notionally take the whole of his father's estate. This share would then be distributed among the heirs of the son, i.e. his daughter and his male agnatic cousin, the daughter taking one-half and the cousin taking the remaining half. The Lahore Court explained its interpretation of section 4 as follows:

            The law provides that the parent of such a grandchild will be deemed to be      alive for the purpose of succession. It cannot, however, be assumed that the          law ever intended to give a share to the grandchild more than what would have             been his due if the parent was actually alive when the succession opened.

            The whole process of succession depends on the fiction that Rajoo [the             predeceased son] was alive at the time of the death of Sufaid Khan. In this        event Rajoo will naturally inherit the entire estate of his father being the only       son but he can [only] pass on such of his estate to his children as is permissible             under the Islamic law of inheritance. Mst. Zenib being the only surviving child            [of the predeceased Rajoo] she cannot get more than one-half of the estate of   Rajoo and the remaining half must revert to the collaterals. If the rule laid       down in the Peshawar judgment [5] is to be adopted then Mst. Zenib will get             twice the share allowed to her under the Islamic law of inheritance. [6]

The objection that according to the method of calculation adopted by the Peshawar High Court, the agnatic grand-daughter in competition with the grandfather's nephew would 'get twice the share allowed to her under the Islamic law of inheritance' [7] is unconvincing. According to the calculations adopted by the Lahore High Court, the agnatic grand-daughter received exactly what she would have received if the Ordinance had not been enacted. Since the primary purpose was precisely to alter and improve the position of the orphaned grandchild, it should come as no surprise if, under the terms of the Ordinance, she should receive a larger share than she would have under 'the Islamic law of inheritance.' The Ordinance was basically designed to protect the interests of the orphaned grandchild in competition with a surviving child, but this is no reason for assuming that the interests of the orphaned grandchild in competition with an agnatic collateral further removed should not be even more worthy of protection.

With respect, the Lahore Court re-wrote section 4 and proceeded as if that section read:-‑

            In the event of the death of any son or daughter of the propositus before the   opening of succession, such predeceased child shall be allotted a notional            share equivalent to what he or she, as the case may be, would have received if    alive. This notional share shall then be distributed among the heirs of the             predeceased child, as if that child had died immediately after his or her parent.

            This is clearly not what the Ordinance actually says.

(3) Karachi: Muhammad Fikree v. Fikree Development Corporation, Ltd. [8]

I.M.A. Fikree                                                                         |                                                                         |             ____________________________________________________________|_________________________             |                                                                                   |               6 daughters                                                                                  son                                                                                        (predeceased)                                                                                                 |                                                                                               ______|____________                                                                                                           |                                   |                                                                                             son                          daughter

At issue in litigation was property left by Ibrahim Muhammad Aqil Fikree, who was survived by six daughters and the son and daughter of a predeceased son. The grandchildren claimed one-third of the estate, arguing that the daughters collectively should take two-thirds. This calculation would be correct were it not for the Muslim Family Laws Ordinance. The daughters argued that the grandchildren should share in the one-fourth of the estate which their father (the predeceased son of P) would have taken if alive.

The Karachi High Court ruled that the Ordinance did not apply in the circumstances of the case, because in the absence of the Ordinance, the grandchildren would not be totally excluded from a share of their grandparent's estate. The learned Judge explained:-‑

            [S] section 4 of the Muslim Family Laws Ordinance will be applicable only in   those cases where the son and daughter of a predeceased son or daughter are             sought to be excluded on account of [the] existence of other heirs of [the] same           category [as that] to which the predeceased son or daughter belonged. [9]

Again, the Court has re-written the clear terms of section 4, proceeding as if it read:-‑

          In the event of the death of any son or daughter of the propositus before the   opening of succession, the children of such son or daughter, if any, living at     the time the succession opens, if they would otherwise be totally excluded     from any share in the estate of their grandparent, shall per stripes receive a     share equivalent to the share which such son or daughter, as the case may be,            would have received if alive.

Again, this is not what the Ordinance actually says.

This case is interesting because it illustrates the only situation in which the grandchild would be better off in the absence of the Ordinance than in its presence; this can only occur when there are more than two daughters and a son's son. This curious result is a function of the fact that in Hanafi law, the daughters collectively, no matter how many there may be, are not permitted to take more than two-thirds of the estate in the presence of a male agnate. If they are present with their brother, daughters take with the son as agnatic co-sharers; each will take a share equal to hale that taken by her brother. However, if their brother is dead, leaving the daughters to take as Quranic heirs rather than co-sharers, their collective share is limited to two-thirds, with the remainder going to any male agnate who may be present.

This rule of Hanafi law contrasts sharply with the rule of Shia law, in which the daughter, as a direct descendant of the propositus, is as strong an heir as is a son, and will totally exclude not only any agnatic collaterals but also a son's son. [10]

Perhaps the fact that the Ordinance improved, in certain circumstances, the position of the Hanafi daughter should be considered an added benefit of this enlightened legislation, rather than as a reason for judicial re-writing of the statute.

[1] P L D 1975 Peshawar 252.

[2] Ibid, p. 253

[3] P L D 1983 Lahore 546.

[4] P L D 1975 Peshawar 252.

[5] Mst. Zarina Jan v. Mst. Akbar Jan, discussed above.

[6] P L D 1983 Lah. 546 at p.548.

[7] The reference here is clearly to 'Sunni law of inheritance'. Even accepting the argument of the Lahore High Court--to the effect that the share notionally allotted to the predeceased child is to be redistributed as if he had then died, rather than being passed directly to his children--if the parties were Shias, the daughter would exclude the agnatic sister in Mst. Zarina Jan (P L D 1975 Pesh. 252), and the male agnatic collateral in Kamal Khan (P L D 1983 Lah. 546).

[8] P L D 1988 Karachi 446.

[9] Ibid., p.450.

[10] See Lucy Carroll, The Hanafi Law of Intestate Succession: A Simplified Approach,' (1983) 17 Modern Asian Studies, pp.629-670; and Lucy Carroll, The Ithna Ashari Law of Intestate Succession: An Introduction to Shia Law Applicable in South Asia,' (1985) 19 Modern Asian Studies, pp. 85-124.

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