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Consumer Protection Laws in Pakistan: A Comprehensive Guide

Consumer Protection Laws Image with a book of consumer law

The right of consumers to be treated fairly and protected from exploitation is a cornerstone of a just society. In Pakistan, this is facilitated through comprehensive consumer protection laws aimed at safeguarding consumers against unfair practices, fraud, and unsafe products. This article explores the key aspects of consumer protection laws in Pakistan, focusing on consumer rights, the structure of the legal framework, and the avenues available for consumers to seek redress.

What are Consumer Protection Laws in Pakistan?

Consumer protection laws in Pakistan are designed to ensure that individuals purchasing goods or services are protected from fraudulent, deceptive, or unsafe practices. These laws provide a framework for consumers to understand their rights and seek recourse when these rights are violated. Key legislation at both the provincial and federal levels include:

Provincial Consumer Protection Acts: Each province in Pakistan has its own consumer protection legislation that provides guidelines on how consumer complaints should be addressed and resolved.
The Competition Act, 2010: This federal law aims to prevent anti-competitive practices that could harm consumer interests and to promote fair competition among businesses.
The Pakistan Standards and Quality Control Authority Act, 1996: This act sets the standards for product quality and safety to ensure that all goods and services meet the established benchmarks.

Key Features of Consumer Protection Laws

1. Right to Safety

One of the fundamental aspects of consumer protection laws is the right to safety. This means that all products and services provided to consumers must adhere to safety standards set by the Pakistan Standards and Quality Control Authority (PSQCA). Businesses are legally obligated to ensure that their products do not pose any risk to the health or safety of consumers. This protection law holds manufacturers and service providers accountable for the safety of their offerings, providing consumers with the assurance of purchasing safe and reliable products.

2. Right to Information

Consumers have the right to be fully informed about the products and services they intend to purchase. This includes access to clear and accurate information regarding the price, quality, features, and terms of use of the product or service. Consumer law mandates that businesses disclose all relevant information, allowing consumers to make informed decisions and avoid misleading or deceptive practices.

3. Right to Choose

The right to choose empowers consumers to select from a wide range of products and services at competitive prices. Consumer protection laws prohibit monopolistic and anti-competitive practices that could restrict consumer choice. This aspect of the law ensures a fair marketplace where businesses compete based on the quality and value of their offerings, giving consumers the freedom to choose the best products or services that meet their needs.

4. Right to Redress

Consumers who face issues with a product or service have the right to seek redress through appropriate channels. This could include requesting a refund, replacement, or repair of a defective product. Consumer courts and regulatory bodies are established to facilitate this process and ensure that consumer complaints are addressed promptly and effectively. This right to redress is a crucial element of consumer protection law, providing a mechanism for resolving disputes between consumers and businesses.

5. Right to Consumer Education

Consumer protection laws also emphasize the importance of educating consumers about their rights and responsibilities. Government agencies and consumer advocacy groups conduct awareness campaigns and educational programs to empower consumers with the knowledge they need to protect themselves from fraudulent practices. This aspect of consumer law aims to create a well-informed consumer base that can make sound purchasing decisions and stand up against unfair practices.

The Role of Consumer Courts in Pakistan

Consumer courts play a vital role in enforcing consumer protection laws and providing a platform for consumers to seek redress. These courts are established under the provincial consumer protection acts and are responsible for handling complaints related to consumer rights violations. Here’s how the process works:

Filing a Complaint

To initiate a case in a consumer court, the consumer must file a written complaint detailing the issue, along with any relevant documents and evidence. This complaint should outline the nature of the problem, the relief sought, and any previous attempts made to resolve the issue with the business. The court reviews the complaint and decides whether to proceed with the case based on the merits of the claim.

Hearing and Resolution

Once a complaint is accepted, the consumer court schedules a hearing where both the consumer and the business are given an opportunity to present their arguments and evidence. The court examines the evidence, listens to both parties, and makes a decision based on the facts of the case. The objective of the hearing is to ensure a fair and impartial resolution of the dispute, in line with the provisions of consumer protection law.

Relief and Compensation

If the consumer court rules in favor of the consumer, it may order the business to provide compensation, replace the product, or refund the amount paid. The court may also impose penalties on businesses that engage in unfair or deceptive practices, serving as a deterrent against future violations. This aspect of consumer protection law ensures that consumers receive the justice they deserve and that businesses are held accountable for their actions.

Consumer Rights and Responsibilities

While consumer protection laws provide a robust framework for safeguarding consumer rights, it is equally important for consumers to understand their responsibilities. Here are some key rights and responsibilities that consumers in Pakistan should be aware of:

Rights of Consumers

Right to Safety: Consumers have the right to expect that the products they purchase are safe and meet established quality standards.
Right to Be Informed: Consumers have the right to receive complete and accurate information about the products and services they purchase.
Right to Choose: Consumers have the right to select from a variety of products and services at competitive prices.
Right to Redress: Consumers have the right to seek redress through appropriate channels if they have a complaint or dispute.

Responsibilities of Consumers

Awareness: Consumers should be aware of their rights and responsibilities under consumer protection law. This includes understanding the terms and conditions of a purchase and being vigilant about product safety and quality.
Honest Communication: Consumers should provide accurate and honest information when purchasing products or services. This includes disclosing any relevant information that may affect the purchase decision.
Prompt Action: If a consumer has a complaint or dispute, they should take prompt action to seek redress. This includes filing a complaint with the appropriate authority or consumer court in a timely manner.

Consumer protection laws in Pakistan are designed to promote fair trade practices, protect consumer rights, and ensure a safe marketplace. By understanding these laws, consumers can make informed decisions and protect themselves from unfair practices. Businesses, on the other hand, are encouraged to adhere to these laws and prioritize the safety and satisfaction of their customers. Together, these efforts contribute to a transparent and equitable marketplace that benefits both consumers and businesses.

Gratuity Law in Pakistan: Overview and Importance

The gratuity law in Pakistan is a significant piece of legislation aimed at safeguarding employees’ financial interests upon completing their service tenure. It entails employers providing a sum of money to employees as a token of appreciation for their dedicated years of service. This legal provision ensures fair compensation and financial security for employees post-employment. Understanding the nuances of the gratuity law is crucial for both employers and employees to navigate this aspect of labor rights effectively.

Eligibility for Gratuity: Service Length Requirements

To be eligible for gratuity in Pakistan, employees must have completed a minimum of five years of continuous service with the same employer. This requirement emphasizes the importance of loyalty and dedication from employees who commit long-term to an organization. Continuous service without breaks or gaps in employment is essential to meet this eligibility criterion.

Calculation of Gratuity Amount in Pakistan

The gratuity amount in Pakistan is calculated using a simple formula. It involves multiplying the last drawn salary by the number of years of service and dividing the result by 26. The last drawn salary comprises the basic pay and dearness allowance, excluding bonuses or allowances. This calculation method ensures employees receive a portion of their last drawn salary for each year of service, providing them with financial security upon leaving the organization.

Who Qualifies for Gratuity in Pakistan?

Gratuity is typically provided to employees who have completed a certain length of service with an organization. In Pakistan, the Gratuity Law specifies eligibility criteria for receiving this financial benefit. Employees must have worked continuously for at least five years with the same employer to qualify for gratuity. However, certain exceptions may apply, such as temporary or contractual workers, part-time employees, or those on probationary periods.

Insights into the Gratuity Act of 1972

The Gratuity Act of 1972 outlines the legal framework for gratuity payments in Pakistan. It mandates that employees who have served continuously for at least five years are entitled to receive gratuity payments based on their last drawn salary and years of service. Adherence to this act is essential for both employers and employees to ensure compliance with labor laws regarding gratuities.

Exceptions to the Five-Year Continuous Service Rule

While the Gratuity Act typically requires five years of continuous service for eligibility, certain exceptions exist. For instance, if an employee passes away or becomes disabled before completing five years of service, their legal heirs may still be entitled to gratuity. Additionally, employees who resign due to permanent disability or face termination due to redundancy may qualify for gratuity even if they haven’t completed the full five years of service.

How to Register as a Taxpayer in Pakistan?

A man researching on taxpayer in Pakistan on his laptop.

Becoming a tax filer in Pakistan is both a legal requirement and a vital contribution to the nation’s development. Whether you’re an individual or a business entity, here’s a step-by-step guide to assist you through the process:

Here are the steps to become a taxpayer:

Step 1: Obtain a Valid CNIC (Computerized National Identity Card)

Begin by ensuring you possess a valid CNIC issued by the National Database and Registration Authority (NADRA).

Step 2: Acquire a Taxpayer Registration Number (TRN)

Visit the nearest Tax Facilitation Center (TFC) or Regional Tax Office (RTO) to apply for your Taxpayer Registration Number (TRN). Complete the necessary forms and submit required documents like your CNIC.

Step 3: Open a Bank Account (if not already)

If you haven’t done so already, open a bank account. Having an active bank account is crucial for tax-related transactions.

Step 4: Obtain a National Tax Number (NTN)

Apply for a National Tax Number (NTN) from the Federal Board of Revenue (FBR). You can complete this process online via the FBR portal or in person at a TFC or RTO.

Step 5: File Your Tax Returns

Now, it’s time to file your tax returns:

Collect Required Documents: Gather all relevant financial documents, including income statements, bank statements, investment details, and property documents.
Select the Correct Tax Form: Choose the appropriate tax form based on your income sources and taxpayer category.
Complete the Form Accurately: Fill out the tax form accurately, providing all necessary details regarding your income, assets, and liabilities.
Calculate Your Tax Liability: Determine your tax liability based on applicable rates and deductions.
Submit Your Return: File your tax return electronically via the FBR portal or manually at a designated tax office.
Make Tax Payments (if applicable): If you owe taxes, ensure timely payment through designated banking channels.
Keep Your Acknowledgment Receipt: Retain the acknowledgment receipt upon successful submission for future reference.

Step 6: Monitor Tax Refunds (if applicable)

Keep track of any tax refunds you may be entitled to by using the FBR portal or contacting tax authorities directly.

Step 7: Maintain Compliance

Stay informed about your tax obligations by filing returns promptly, paying taxes on time, and adhering to all relevant tax laws and regulations.

By following these steps diligently, you can fulfill your role as a responsible taxpayer and contribute to the economic growth of Pakistan.

Pakistan’s Contract Act of 1872: An In-Depth Analysis

Pakistan’s legal framework is intricately woven with legislation that defines and regulates the dynamics of contractual agreements. Among these statutes, the Contract Act of 1872 holds a pivotal position, offering a comprehensive guide to the formation, execution, and enforcement of contracts in the country.

Unveiling the Core Components of Pakistan’s Contract Act of 1872

At the heart of this Act lies a detailed delineation of the essential elements required for a contract’s validity. From the fundamental aspects of offer, acceptance, and consideration to the intricacies of capacity, free consent, lawful object, certainty, and possibility of performance, this legislation meticulously defines the foundations of legally binding agreements.

Exploring the Diverse Spectrum of Contract Categories

Diving deeper, the Act categorizes contracts into distinct types, each with its specialized provisions and implications. Contracts of sale, indemnity, guarantee, bailment, agency, and more are elucidated within specific sections, providing a nuanced understanding of the varying contractual relationships and their legal ramifications.

Navigating the Legal Terrain: Performance, Discharge, and Remedies

In addition to defining the parameters for valid contracts, the Act also addresses the mechanisms for performance, discharge, and remedies in case of breaches. Understanding the rights and recourses available in instances of contractual violations becomes crucial for parties involved, ensuring legal avenues to address breaches while upholding contractual obligations.

The Act’s Evolution: Adapting to Modern Dynamics

While rooted in history, the Contract Act of 1872 has not remained stagnant. Its evolution through judicial interpretations, amendments, and contemporary applications has ensured its relevance in addressing modern complexities and challenges encountered in contractual engagements.

Nurturing Contractual Integrity in Pakistan

In conclusion, the Contract Act of 1872 stands as a cornerstone of Pakistan’s legal framework, providing a robust structure for contractual dealings. Its comprehensive provisions, adaptability, and evolving interpretations mark its continued relevance, safeguarding the integrity of contractual engagements in Pakistan’s legal landscape.

For legal practitioners, businesses, and individuals navigating the realm of contracts in Pakistan, comprehending the nuances of the Contract Act of 1872 is imperative. This understanding ensures compliance, fairness, and the protection of rights, fostering trust and reliability in contractual relationships.

Pakistan’s Civil Procedure Code (CPC): An In-Depth Overview

Law & Order Pakistan's Civil Procedure Code (CPC)

Pakistan’s legal system operates under the framework of the Civil Procedure Code (CPC), a fundamental statute that governs the procedural aspects of civil cases in the country’s courts. Understanding the CPC is vital for legal practitioners, litigants, and individuals involved in civil litigation.

Decoding Pakistan’s Civil Procedure Code (CPC)

The Civil Procedure Code, abbreviated as CPC, outlines the procedures and protocols to be followed in civil cases. Enacted to ensure fair trials and streamline legal proceedings, the CPC serves as a comprehensive guide, providing a structured framework from the initiation of a case to its resolution.

Key Components of CPC

The CPC delineates crucial components governing civil proceedings, including rules related to jurisdiction, pleadings, evidence, trial procedures, judgments, and execution. These components ensure a systematic and fair adjudication process in civil matters.

Jurisdiction and Venue

One of the pivotal aspects governed by the CPC is the determination of jurisdiction and venue for filing civil suits. The code outlines the criteria for selecting the appropriate court where a case should be heard based on territorial, pecuniary, and subject matter jurisdiction.

Pleadings and Evidence

The CPC sets guidelines for drafting pleadings, ensuring clear and concise statements of facts and legal claims. Additionally, it delineates rules for the presentation and examination of evidence, which is crucial in establishing the merits of a case.

Trial Procedures and Judgments

The CPC provides a structured framework for conducting civil trials, including procedures for examination of witnesses, arguments, and the issuance of judgments. These procedures ensure an equitable and just resolution of disputes.

Execution of Decrees

Post-judgment, the CPC governs the execution of decrees and orders, ensuring the enforcement of court judgments and the protection of rights for successful litigants.

Adhering to the Civil Procedure Code

In conclusion, the Civil Procedure Code (CPC) in Pakistan stands as a foundational pillar of the legal system, guiding and regulating civil litigation processes. Its comprehensive provisions ensure fairness, efficiency, and adherence to due process in civil proceedings, promoting access to justice and the resolution of civil disputes.

Understanding and complying with the CPC is essential for all parties involved in civil matters, ensuring adherence to legal protocols and facilitating a fair and transparent resolution of disputes.

Understanding Property Laws in Pakistan: A Comprehensive Guide

Property laws in Pakistan form the legal framework governing the ownership, acquisition, transfer, and rights associated with properties across the country. These laws are crucial in safeguarding the interests of property owners and regulating transactions within the real estate sector.

For expert guidance on property matters, including legal assistance, we encourage you to reach out to our experienced team of property lawyers today.

Exploring Pakistan’s Property Laws

Pakistan’s property laws encompass a range of statutes and regulations that delineate the rights and responsibilities of property owners and buyers. These laws are primarily governed by acts such as the Transfer of Property Act, 1882, and the Land Revenue Act, providing the foundational structure for property transactions.

Ownership Rights and Legal Framework

Property laws in Pakistan confer various rights and obligations on property owners. These rights include the right to possess, use, transfer, and dispose of property, while the legal framework ensures protection against unlawful encroachments, fraud, and disputes related to property ownership.

Transfer of Property and Transactions

The Transfer of Property Act, 1882, governs the procedures and legalities involved in transferring property ownership. It defines and regulates various modes of property transfer, such as sale, mortgage, lease, gift, and inheritance, outlining the legal formalities and documents required for valid property transactions.

Land Revenue Laws and Regulations

The Land Revenue Act establishes the framework for land revenue collection and administration. This legislation addresses matters related to land assessment, revenue collection, land records, and agricultural tenancy, ensuring efficient governance of land-related affairs.

Dispute Resolution and Legal Recourse

In cases of property disputes, the legal system in Pakistan offers mechanisms for resolution. Property owners and stakeholders can seek legal recourse through courts or alternative dispute resolution methods to resolve conflicts related to property boundaries, titles, ownership, or tenancy issues.

Navigating Property Matters in Pakistan

Understanding Pakistan’s property laws is crucial for property owners, buyers, and investors. These laws establish a framework that ensures transparency, fairness, and legal compliance in property transactions, contributing to a stable and regulated real estate sector in the country.

For individuals engaged in property transactions or seeking legal guidance, a clear understanding of Pakistan’s property laws is essential to protect their interests and ensure compliance with legal requirements.

Deciphering Pakistan’s Legal Framework: The Dynamic Evolution of the Code of Criminal Procedure (CRPC)

Pakistan’s Code of Criminal Procedure (CRPC) stands as a testament to the evolving nature of legal systems. This comprehensive guide navigates through the intricate web of legal proceedings, exploring how the CRPC shapes the course of justice in the country.

The Living Document: CRPC’s Historical Journey

Originally enacted during the colonial era in 1898, the CRPC has witnessed a metamorphosis over the years. Its evolution, fueled by societal changes, judicial interpretations, and legislative amendments, reflects a constant endeavor to adapt to contemporary legal demands.

Unveiling CRPC’s Core Tenets: Beyond the Acronym

1. Human Rights Interface: A Catalyst for Fair Trials

Diving into the heart of the CRPC reveals its profound impact on ensuring the fundamental rights of individuals. The provisions regarding investigation protocols, arrest procedures, and bail rights serve as pillars upholding the principles of fairness and equity in criminal proceedings.

2. Procedural Mechanisms: CRPC’s Symphony of Legal Procedures

The CRPC orchestrates a meticulous sequence of legal processes. From trial procedures encompassing the examination of witnesses and presentation of evidence to the critical junctures of framing charges and conducting appeals, its framework meticulously outlines the stages of justice delivery.

Beyond Black Letter Law: CRPC in Practice

The true essence of the CRPC transcends the confines of legal texts. Real-life applications of the code, exemplified through significant cases and judicial interpretations, offer profound insights into the dynamic interplay between legal theory and practical implementation.

CRPC’s Future Trajectory: Adapting to Modern Legal Realities

As Pakistan’s legal landscape evolves, so does the CRPC. Recent reforms, technological advancements, and societal changes are reshaping the code’s contours, signaling a proactive approach to meet the demands of a contemporary justice system.

Embracing CRPC’s Continual Evolution

The Code of Criminal Procedure (CRPC) in Pakistan embodies the essence of a living legal document—a dynamic entity that adapts to societal needs while safeguarding justice. Its journey from its inception to the present reflects a commitment to balance tradition with progress, ensuring a fair and robust legal framework for the nation.

This exploration of the CRPC unveils its multifaceted role beyond legal jargon, presenting a narrative that intertwines law, societal dynamics, and the pursuit of justice in Pakistan’s legal realm.

Understanding Marriage Laws in Pakistan 2024: A Comprehensive Guide

A Women holding her daughter hand and telling her marriage laws in Pakistan.

Marriage Law in Pakistan, shaped by various statutes and legal provisions, governs the institution of marriage, its procedures, rights, and obligations. As of 2024, understanding these legal aspects is crucial for individuals contemplating marriage or dealing with marital matters in Pakistan.

Exploring the Legal Landscape of Marriage Law in Pakistan 2024

The year 2024 brings forth continued adherence to established marriage laws in Pakistan, encompassing statutes such as the Muslim Family Laws Ordinance, 1961, the Child Marriage Restraint Act, 1929, and various other regulations that outline the legal framework governing marriages in the country.

Marriage Procedures and Legal Requirements

Marriage laws in Pakistan dictate the procedures and legal requirements for solemnizing marriages. These laws outline the conditions for a valid marriage, including the age of consent, registration, documentation, and prerequisites for marriage ceremonies under different personal laws applicable to various religious communities.

Rights and Responsibilities of Married Individuals

The legal framework governing marriage in Pakistan confers certain rights and responsibilities on married individuals. These include rights related to inheritance, maintenance, guardianship, and dissolution of marriage, along with responsibilities towards spouses and children.

Protection Against Child Marriage

The Child Marriage Restraint Act, 1929, remains an integral part of Pakistan’s marriage laws in 2024. This act aims to prevent child marriages and stipulates penalties for those involved in solemnizing marriages where either party is below the legally permissible age.

Challenges and Reforms in 2024

While Pakistan’s marriage laws have evolved to address various issues, challenges persist, including issues related to underage marriages, forced marriages, and lack of awareness about legal rights among individuals. Efforts toward legal reforms and awareness campaigns continue to be vital in addressing these challenges.

Navigating Marriage Law in Pakistan 2024

Understanding the legal nuances of marriage law in Pakistan is crucial for individuals entering into matrimonial alliances or dealing with marital matters. Compliance with legal requirements, awareness of rights, and adherence to established laws are essential for fostering healthy and legally recognized marriages in the country.

For individuals navigating the realm of marriage in Pakistan in 2024, awareness and understanding of the legal framework are pivotal to ensure compliance and protect individual rights within the institution of marriage.

A STEP BY STEP GUIDE TO THE CRIMINAL JUSTICE SYSTEM IN PAKISTAN

Hands with handcuff - The Guide to Criminal Justice System

There is limited awareness of the Criminal Justice System among citizens in Pakistan. As a result, in the case that individuals encounter a crime, whether they are the victimized or the accused, they lose out on the most strategic ways to navigate such situations. And so, perpetrators of crime either get away with their acts or those who have been falsely accused end up in jail. This blog aims to take you through the workings of the criminal justice system in Pakistan.

WHAT IS THE CRIMINAL JUSTICE SYSTEM (CJS)?

The Criminal Justice System (CJS) is the set of laws, principles, and procedures intended to process cases against accused persons and subsequently, hold those guilty, accountable in ways that the law prescribes. The purpose of our CJS is to control crime, prevent crime, punish offenders, protect the innocent, get justice for victims, and maintain a fair degree of cohesion and stability in society. The system describes the offences, punishments, procedures, and ways to punish those who violate laws of the society.

The three main contributors/agencies of the Criminal Justice System are:

Courts
Prosecution
Police

And, the two main laws governing the Criminal Justice System are:

The Code of Criminal Procedure, 1898
The Pakistan Penal Code, 1860

STEP-BY-STEP PROCESS (Criminal Justice System CJS)

So how does it Criminal Justice System (CJS) actually work in the practical world?

Step 1: Register the FIR

The process begins with registering the FIR (First Information Report). It is the responsibility of the victim to reach out to the police and register the FIR as soon as possible. But it’s seen that there’s normally a delay between the occurrence of a crime and the filing of complaints. Such delays hamper the victim’s case and can also be held against them in a court of law. Therefore, it’s essential to create awareness among people and urge them to file an FIR as soon as possible after the crime occurs.

Step 2: Police Investigation & Inquiry

After filing an FIR, the next step is the investigation and inquiry of the case. It’s carried out by the Police’s Investigation Officer (IO) who handles the crime scene, collects the evidence of the offence committed and records the statements of the eyewitnesses, the accused, and potential suspects. The IO is supposed to be a competent officer who maintains an unbiased approach throughout the investigation and inquiry. Unfortunately, evidence handling and collection aren’t carried out properly and the sanctity of the crime scene, and the evidence, aren’t preserved in Pakistan, which can have an adverse impact on the case. Once the investigation and inquiry stage is complete, the police draw up an investigation challan which is the final and conclusive investigation report.

Step 3: Criminal Prosecution and Trials

Once the IO submits the investigation challan, the accused is charged and the trial properly commences. The public prosecutor (a lawyer appointed by the state) pleads the case for the complainant/victim of a crime (albeit to assist the prosecution; the complainant is free to hire a private lawyer) while a defense lawyer pleads the case on behalf of the accused against the offences charged against him/her. The prosecutor assists the court in the trial by examining the witnesses and the evidence available against the accused. Thereafter, the defense is given a chance to examine the witnesses and prove that the evidence presented in the court is not enough to punish the accused. If there is an alibi, then the defense provides proof. If the defendant pleads that the accused is insane then a medical board sits and assesses the mental health status of the accused.

Step 4: Adjudication

After the trial and prosecution, the role of the judge comes into play. Based on the trial that took place in the court and the eyewitnesses and evidence presented, the judge makes a rational decision based on the requisite laws of Pakistan.

Step 5: Implementation of Verdict

Once the trial is concluded and justice is served, the Accused either receives his punishment or is set free by the court. However, there are also ways to reduce or nullify the punishment. One of them is Deeyat (or Blood Money) where the victim or the inheritor (in case of the victim’s absence) can receive compensation for the crime caused and the accused is freed. In some cases, the court can rule out this possibility and still punish the criminal.

The sentence can be also reduced by the court if and only if the Criminal Justice System finds that the convict is displaying exemplary behavior and conduct, or due to a severe medical condition.

Get Help – Hire a Criminal Law Expert

Being involved in a crime, whether as a victim or as an accused, is a traumatic and unsettling experience. Mistakes at the early stages of a crime can prove to be fatal when matters come to trial. Thus, it is best to get professional advice to guide and assist you through the whole process for several reasons. The lawyers at Sardar & CO. are well-equipped and experienced to deal with all such matters. You should consult Sardar & Co. for several reasons:

Sardar & Co. cares about you as it has one job which is to be your advocate at the trial. It is our job to protect your rights and to voice your best interest. assess the situation and form a plan to take the actions required to facilitate positive outcomes for you.
You are hiring an expert and as such, we can devote our energy and time solely to building a solid case on your behalf.
Prompt action can lead to mitigation, the earlier you take action for your case the higher the likelihood of a successful case. Do not let delays or faulty police investigations ruin your case.
You may be facing heavy penalties because of what is at stake in your case. You may think you are innocent but you need to take every action available to ensure that your innocence is proven and you do not suffer. You need someone who will protect you against such injustice.

Long-term financial benefits, while this seems contradictory, hiring an experienced criminal lawyer can reduce the costs associated with criminal charges in the long run.

ISLAMIC LAWS OF INHERITANCE IN PAKISTAN

As Muslims, there is an obligation to ensure the proper distribution of wealth upon death. Doing so constitutes an act of worship to Allah. In Islam, a person is only a trustee of wealth, and the inheritance law in Pakistan ensures that the wealth is to be distributed fairly amongst the legal heirs according to Shariah. However, most people residing in Pakistan are not aware of their rights under inheritance laws or the rules and procedures associated with it, therefore, a lack of basic knowledge leads to unfair distribution and at times people, mostly women, and children are unjustly robbed of inheritance.

This article provides a brief overview of how the distribution of inheritance in Pakistan works:

Property Distribution – Islamic Inheritance Laws

Pakistan – being an Islamic republic – follows the Shariah law in the case of transferring properties after the death of a blood relative. To enact the Shariah law in Pakistan, the following two laws are used:

Muslim family law ordinance. 1961
The West Pakistan Muslim Personal Law, 1962

PAYING FUNERAL EXPENSES

The primary duty of utmost priority according to Islamic law is to make sure that the funeral expenses of the deceased are paid off from the wealth of the deceased before any distributions of the wealth are made. As there are many aspects of funeral expenses, including unconventional cultural duties such as feeding the attendees of the burial, there is a consensus among scholars that the activities that must be paid for include washing, shrouding the deceased, and burying him. Any further ceremonial activities should not be paid for from the wealth of the deceased.

CLEAR OFF THE DEBT FIRST

Before the distribution of any property of the Deceased takes place, it’s important to first clear off all the debts of that individual. This includes the dower amount (Haq Meher) of the wife, in the event that the deceased person is her husband, which if left unpaid at the time of marriage should be cleared. Distribution of the wealth before clearing all debts and liabilities is unlawful and should be strictly avoided by the legal heirs.

THE CONCEPT OF THE WILL

If the deceased person has left behind a will, that needs to be honored after the clearing of all debts. However, under Islamic law, only one-third of the deceased’s total assets can be given this way and the remaining assets are to be distributed amongst the rightful legal heirs.

HOW IS THE ESTATE DIVIDED?

Although the division of the estate can differ depending on the sect the deceased belongs to, most commonly, it is distributed in accordance with a hierarchy of three classes of heirs:

First-class often referred to as the Quranic Heirs or Sharers; and
The second class includes grandparents and siblings. In the absence of siblings, nephews and nieces inherit.
The third class includes paternal and maternal aunts & uncles and their descendants.

Six heirs will always inherit if they survive the deceased and these are, husband/wife, son, daughter, father, and mother. A brief understanding is as follows:

A husband is entitled to half his deceased wife’s estate if she has no children. If she has children, he is entitled to a quarter share.
A wife is entitled to a quarter share of her deceased husband’s estate if she has no children. If she has children, she is entitled to one-eighth.
Sons usually inherit twice as much as their sisters when one of their parents dies.
The mother and father of the deceased are entitled to one-sixth of the share each if the deceased had children, if the deceased had no children, then the mother is entitled to one-third of the whole estate.

Finally, the disqualification of a rightful heir from inheritance can be enacted in the following two ways

A difference in religion between the heir and the parent
The homicide of the deceased by the heir

While the most crucial aspects of inheritance distribution have been covered, A more detailed understanding of the lawful ratio of the distribution of wealth in multiple scenarios can be found here.

APPLYING FOR SUCCESSION AFTER THE DEATH OF A DECEASED

Losing a loved one can be an extremely difficult time and the last thing a grieving soul wants to do is deal with the worldly repercussions of the death of their loved one, however, one must conjure the courage to go through with the distribution, as it is an act in the path of Allah.

Although the process used to be extremely tedious in previous years, presently, the process of obtaining the succession of the estate of a deceased person has been fairly simplified through recent legislation and can be followed through a quick five-stage process facilitated by Succession Facilitation Units operated by the National Database Registration Authority (NADRA). If you need more clarity or legal expertise, feel free to reach out to the best lawyers in Pakistan at Sardar & Co who can advise you and help you with the procedure.