1994 PLP 681 (SCMR)
MUHAMMAD through Legal Heirs‑‑‑Petitioner Versus Mst. REHMATAN and 4 others‑‑‑Respondents
| Citation | 1994 PLP 681 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Nasim Hasan Shah, CJ., Fazal Bald Khan and |
| Parties | MUHAMMAD through Legal Heirs‑‑‑Petitioner Versus Mst. REHMATAN and 4 others‑‑‑Respondents |
| Primary Law | Muslim Family Laws Ordinance (VIII of 1961)‑‑‑ |
Q1: What are the key laws and sections cited in 1994 PLP 681 (SCMR)?
This judgment primarily cites: Muslim Family Laws Ordinance (VIII of 1961)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1994 PLP 681 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Nasim Hasan Shah, CJ., Fazal Bald Khan and.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1994 PLP 681 (SCMR) (MUHAMMAD through Legal Heirs‑‑‑Petitioner Versus Mst. REHMATAN and 4 others‑‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Bashir Ahmed Ansari, Advocate instructed by Imtiaz Muhammad Khan, Advocate‑ on‑Record for Petitioners.
- Qazi Khalid Iqbal, Advocate instructed by Raja Abdul Ghafoor, Advocate‑on‑Record for Respondents.
- Date of hearing: 28th November, 1993.
Headnotes / Summary
(On appeal from the judgment dated 9‑1‑1993 of the Lahore High Court, Rawalpindi Bench, Rawalpindi passed in R.SA. No. 90 of 1957). ‑‑‑‑S. 4‑‑‑Constitution of Pakistan (1973), Arts. 203‑D & 185(3)‑‑‑Repugnancy to Injunctions of Islam ‑‑‑Vires of S.4, Muslim Family Laws Ordinance, 1961, on the touchstone of Injunctions of Islam‑‑‑Jurisdiction‑‑‑Only forum which could entertain such‑plea was Federal Shariat Court, which in exercise of its jurisdiction under Art. 203‑D of the Constitution could go into the question whether. S. 4, Muslim Family Laws Ordinance, 1901, was contrary to Injunctions of Islam or not‑‑‑Supreme Court in exercise of its normal jurisdiction could not declare a provision of a statute to be invalid on ground of inconsistency with the Islamic Injunctions ‑‑‑Leave to appeal was refused in circumstances.
Judgment & Decree
NASIM HASAN SHAH, C.J.‑‑‑Litigation in this matter commenced on 31‑3‑1956 and has been going on before the Courts for over 37‑1/2 years. The latest judgment in the field (now impugned before us) is the judgment of the Lahore High Court dated 9‑1‑1993 of the learned Single Judge of the Lahore High Court passed on 9‑1‑1993.
2. By this petition this Court is asked to interfere principally on the ground that the section 4 of the Muslim Family Laws Ordinance, 1961 being against the Injunctions of Islam could not have formed a valid and legal basis for Courts below, to rest their judgments on its provisions.
3. This plea is not admissible before us. The only forum which can entertain such a plea is the Federal Shariat Court which in exercise of its jurisdiction under Article 203‑D of the Constitution can go into the question whether the said provision of the Muslim Family Laws Ordinance is contrary to the Injunctions of Islam or not. This Court, in the exercise of its normal jurisdiction, cannot declare a provision of a statute to be invalid on the ground of its inconsistency with the Islamic Injunctions. This petition, therefore, must fail and is dismissed hereby. A.A./M‑1890/S Leave refused.