ENACTMENT No. 9 Of 1962 ADMINISTRATION OF MUSLIM LAW ENACTMENT
PART III - RELIGIOUS COURTS Constitution and Jurisdiction
Section 44. Inheritance certificates.
(1) If, in the course of any proceedings relating to the administration or distribution of the estate of a deceased person whose estate is to be distributed according to Muslim Law any Civil Court or authority shall be under the duty of determining the persons entitled to share in such estate, or the shares to which such persons are respectively entitled, the Court of a Kathi, if the gross value of the estate does not appear to him to exceed five thousand dollars, and the Court of the Kathi Besar in any other case, may, on a request by such Court or authority, or on the application of any person claiming to be a beneficiary and on payment by him of the prescribed fee, certify, upon any set of facts found by such Court or authority, or on any hypothetical set of facts its opinion as to the persons who are, assuming such facts, whether as found or hypothetical, entitled to share in such estate and as to the shares to which they are respectively entitled.
(2) The Court of the Kathi Besar or Kathi may, before so certifying its opinion, require to hear the parties on any question of law, but shall not hear evidence or make findings on any question of fact.
(3) In any case of special difficulty the Kathi Besar or a Kathi may refer the question to the Fetua Committee for its opinion, and shall, if such opinion be given, certify in accordance therewith.