Legal Question in Wills and Trusts in Pakistan

what does it means, the future maintenance cannot be transfered.


Asked on 1/02/14, 1:49 pm

1 Answer from Attorneys

Muhammad Nouman Shams Blackstone Chambers

What is your proposition...

For your reference, please go through the law related to maintenance of minor under the Islamic and Pakistani Laws:

Qur�an specifically enjoins the parents about their children ‑ Chapter 4 Al‑Nisa, Verse No.ll. .Even though parents are mentioned as heirs but significantly the Verse starts with a stress on the obligationof the parents towards their progeny.

This is further supported by the commandment contained in Chapter 6, Verse 151 and Chapter 17, Verse 31 where the parents are warned not to kill (physically and metaphorically) the progeny for fear of poverty because Allah has assumed the responsibility of providing for the needs of the parents as well as their children. .

This leads to the conclusion that in fact it is the right of children to be protected and be provided for because their legal capacity is defective and it is the obligation of parents to protect and take steps to help/develop the potential of the children.

The right in fact vests in the child right from the development of fetus in the womb. Chapter 4, Verse 6 amply proves that the rights, guarantees and protections of children is the legal requirement, the obligations; duties and the responsibility of the parents.

Contact the Lawyer for legal services:

Nouman Shams Qazi, Advocate High Courts of Pakistan

Suite No.22, Taj Arcade, 3rd Floor, 73 Jail Road, Lahore, Pakistan

Email: [email protected]

Office Tel: (92 42) 3 752 3613, 3752 3614

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Answered on 1/24/14, 7:44 am


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