P L D 1992 Federal Shariat Court 527 (PLP)
Ch. IRSHAD AHMAD‑‑‑Petitioner Versus FEDERATION OF PAKISTAN through Secretary, Ministry of Health, Islamabad‑‑‑Respondent
| Citation | P L D 1992 Federal Shariat Court 527 (PLP) |
| Forum / Court | |
| Bench Members | Tanzil‑ur‑Rahman, C.J., Fida Muhammad Khan and Mir Hazar Khan Khoso, JJ |
| Parties | Ch. IRSHAD AHMAD‑‑‑Petitioner Versus FEDERATION OF PAKISTAN through Secretary, Ministry of Health, Islamabad‑‑‑Respondent |
| Primary Law | Federal Services Medical Attendance Rules, 1990‑‑‑ |
Q1: What are the key laws and sections cited in P L D 1992 Federal Shariat Court 527 (PLP)?
This judgment primarily cites: Federal Services Medical Attendance Rules, 1990‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case P L D 1992 Federal Shariat Court 527 (PLP)?
The case was heard and decided by the bench comprising: Tanzil‑ur‑Rahman, C.J., Fida Muhammad Khan and Mir Hazar Khan Khoso, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: P L D 1992 Federal Shariat Court 527 (PLP) (Ch. IRSHAD AHMAD‑‑‑Petitioner Versus FEDERATION OF PAKISTAN through Secretary, Ministry of Health, Islamabad‑‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Nemo for Petitioner.
- Iftikhar Hussain Chaudhry Standing Counsel for Respondent.
- Date of hearing: 11th May, 1992.
Headnotes / Summary
‑‑‑‑R. 2(d), Expln.‑‑‑Constitution of Pakistan (1973), Art. 203‑D‑‑‑Repugnancy to Injunctions of Islam‑‑‑Provision of R. 2(d), Explanation which provides that in case a Government servant has more than one wife, the wife nominated by him is entitled to medical attendance and treatment and not the other wife or wives as the case may be, is not repugnant to Injunctions of Islam, for it is in fact a concession which has been granted under the Rules and cannot ‑be stretched to provide medical facilities to more than one wife Sura Al‑Nisa 3 : 3 ref.
Judgment & Decree
TANZIL‑UR‑RAHMAN, C. J.‑‑‑By this petition, the petitioner has challenged Explanation (4) below clause (d) of Rule 2 of the Federal Services Medical Attendance Rules, 1990 on the ground that it is repugnant to the Injunctions of Islam. The said explanation is reproduced below:‑‑ "In case of more than one wife, the wife nominated by the Government Servant to receive medical attendance and treatment will be entitled to it." The petitioner contends that the explanation, impugned before us provides that in case a Government Servant has more than one wife, the wife nominated by him is entitled to medical attendance and treatment and not the other wife or wives or as the case may be.
2. The petitioner for the above submission has placed his reliance on the following Verse of Sura Al‑Nisa, which reads as under:‑‑ The above Verse relates to equal treatment among the wives by the husband.
3. The learned counsel for the Federation submits that the Injunction1 the Holy Qur'an relates to the husband who has been permitted to take one or more than one wife (upto four) wives provided he can do justice among then; The duty cast upon by the Injunction is basically that of the husband in his personal capacity. It is he who is to maintain his wife. He further submits that the medical facilities provided to one wife is an allowance which may or may not be provided by the Institution concerned.
4. Dr. Muhammad Aslam Khaki, a Jurisconsult, in his written note writes that:‑‑ Giving his opinion, he further states that :‑
5. After hearing the learned counsel, we are of the view that the petition is misconceived. It does not offend the Injunctions of Islam in so far as the relationship between the employer and employee is concerned. It is, in fact, a concession which has been granted under the Service Rules and cannot be stretched to provide medical facilities to more than one wife. Moreover, it will perhaps not be improper to add that the Medical Rules equally apply to Muslims and non‑Muslims.
6. We, therefore, find no repugnancy to the Injunctions of Islam as laid down in the. Holy Qur'an and Sunnah of the Holy Prophet (p.b.u.h.). The petition is, therefore, dismissed. M.B.A./705/FSC. Petition dismissed.