' JAWWAD S. KHAWAJA, J.---The petitioner Mst. Shahzad Mai is the widow of Muhammad Afzal. She impugns the concurrent decrees of the learned trial Court dated 1-3-2006 and of the learned appellate Court dated 31-10-2006 whereby a suit filed by her seeking partition of her late husband's property, has been dismissed.
' Haq Nawaz (respondent No,l ) is the brother of the deceased Muhammad Afzal. He does not dispute the fact that the petitioner is, widow of Muhammad Afzal deceased who died issueless. His case, however, is that the petitioner is not entitled to inheritance in the immoveable property left by Muhammad Afzal because Muhammad Afzal was an adherent of Fiqah Jaffaria wherein the widow cannot claim inheritance. The learned Courts below have agreed with this argument. Learned counsel for the petitioner states that the findings of the learned Courts below are not in consonance with the Quranic Injunction contained in Ayat No,12 of Sura Nisa. The Ayat and its translation are reproduced as under:--- {{ARABIC TEXT}} "In what your wives leave, Your share is a half, If they leave no child, But if they leave a child, Ye get a fourth; after payment Of legacies and debts. In what ye leave, Their share is a fourth,519 If ye leave no child; But if ye leave a child, They get an eighth; after payment Of legacies and bebts. If they man or woman Whose inheritance is in question, Has left neither ascendants nor descendants, 520 But has left a brother Or a sister, each one of the two Gets a sixth; but if more Than two, they share in a third; After payment of legacies And debts; so that no loss 522 Is caused (to anyone). Thus is it ordained by Allah, And Allah is All-knowing, Most Forbearing." (Translation by Abdullah Yousaf Ali).
3. In view of this clear Quranic Injunction, reproduced above, the impugned decrees cannot be sustained. The same are, therefore, modified and it is held that Mst. Shahzad Mai being widow of Muhammad Afzal who died issueless, was entitled to 1/4th of the suit property.
4. This petition is allowed in the above terms.