Faith

2016 MLD 185 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

FaithPresumption as to faith of a Muslim

All Muslims are governed by Hanafi law unless proved to the contrary.

2012 SCMR 1251 SUPREME-COURT Judicial Precedent

FaithInheritanceDispute over inheritance of property of the deceasedFaith of the deceased­- DeterminationScope

Plaintiffs/respondents (nephews of the deceased) claiming that the deceased was a Muslim, therefore, they were entitled to inherit his property

­Defendant/appellant (niece of the deceased) being an 'Ahmadi' claiming that the deceased converted into an 'Ahmadi', therefore, she alone was entitled to inherit

Plaintiffs filed a declaratory suit in regard to said dispute, which suit was dismissed by the Trial Court but was allowed in appeal by both the Appellate courts below

Contentions of the defendant/appellant were that sufficient evidence was available to show that the deceased was an 'Ahmadi'; that merely because deceased was mentioned as a Muslim in his application form for the issuance of Identity Card did not make him a Muslim; that the summary inquiry carried out by the Tehsildar preceding the impugned mutation clearly established that the deceased was an 'Ahmadi'

Validity

Admittedly the deceased was born a Muslim and allegedly he converted into an 'Ahmadi'

No direct documentary evidence existed with regard to the faith of the deceased in the form of his own affidavit or in the shape of his registered membership of an organization of any faith or sect

Evidence led by the defendant to prove that the deceased was converted into an 'Ahmadi' was not credible

Witness to the alleged conversion could not mention the date and time of the alleged conversion, but admitted that the father of the deceased was a Muslim and that he was buried in a Muslim graveyard

None of the persons who appeared before the Tehsildar, during the trial stated that the deceased was an 'Ahmadi'

Plaintiffs had led strong circumstantial evidence to prove that the deceased was a Muslim

Testimony of the some of the witnesses appearing on behalf of the plaintiff with regard to the fact that the funeral prayer of the deceased was performed by a Muslim moulvi; that the deceased was buried in a Muslim graveyard, and that he offered his Friday (Juma) prayers in a Muslim mosque, remained unchallenged in cross-examination

Documentary evidence of application form of the deceased for the issuance of Identity Card and record of the Election Officer (voters list) further corroborated the oral evidence

Defendant had not pointed out any misreading or non-reading in the impugned concurrent judgments of both the Appellate Courts below

Appeal was dismissed, in circumstances.

2012 SCMR 1251 SUPREME-COURT Judicial Precedent

FaithDeterminationPrincipleNo principle of universal application was available to determine faith of a personDetermination of faith depended on surrounding circumstances, way of life, parental faith and faith of kiths and kins

Question of sect of a person could not be determined by opinion of parties but could be inferred from facts creating a presumption one way or the other.

2012 SCMR 1251 SUPREME-COURT Judicial Precedent

FaithInheritanceDispute over inheritance of property of the deceasedFaith of the deceasedDeterminationPrinciple

In such cases, the courts have to weigh evidence with care keeping in mind the fact that a great majority of people in Pakistan were Hanfi Muslims and the party alleging otherwise was under a heavy onus.

2012 SCMR 1251 SUPREME-COURT Judicial Precedent

FaithInheritanceDispute over inheritance of property of the deceasedFaith of the deceasedDeterminationEvidence of witnessesEvidentiary value

Opinion of witnesses might not be conclusive to determine the faith of a person.