Abstract

The dilemma of inheritance of grandchildren from the pre-deceased child is one of the most critical areas of Islamic law. According to the classical interpretations of Islamic law any son of the deceased in general excludes such grandchildren. However, many states brought certain changes into the existing format of Islamic Law of succession so as to shield such grandchildren from total exclusion. Egypt, Tunisia, Syria, Morocco, Pakistan and Bangladesh are remarkable for bringing changes in this particular area. Pakistan brought a significant change in 1961 by section 4 of the Muslim Family Laws Ordinance (MFLO), which is a milestone event in the history of reformation of Islamic law. In Bangladesh the same law was adopted through the promulgation of the ‘Laws Continuance Enforcement Order, 1971. It seems to be the most drastic change that has been ever made in any legal system of the world in the field of Islamic law of succession as it affects the whole structure of Islamic Law of succession. Except Bangladesh no other country has adopted this change that initially took place in Pakistan. Interestingly, this law has faced many judicial challenges in Pakistan since its promulgation. But, in Bangladesh, it has not become yet focus of academic discussion or judicial interpretation, brs no ano priveel asib ergarnes 3